Bhopal 2023: Unfinished Business – Justice Denied?

On March 14th, 2023, the Supreme Court of India made a significant decision regarding the long-standing legal battle over the Bhopal disaster settlement. Almost four decades since the tragic incident occurred, the court dismissed the Government of India’s curative petition, which aimed to address issues relating to the amount of compensation initially provided in relation to Bhopal. This decision marked a crucial moment in the ongoing pursuit of justice for the victims and their families, bringing an end to the legal battle over the Bhopal disaster settlement.

The Bhopal disaster, which occurred in the early hours of Monday, December 3rd, 1984, in Bhopal, Madhya Pradesh, India, stands as one of the most tragic incidents in the history of the chemical industry. Regarded as the world's worst industrial 'disaster' its impact continues to reverberate almost 40 years on. Despite the passage of time, justice remains elusive for the victims and their families, adding to the pain and suffering caused by this tragedy.

The gas leak, involving the release of toxic methyl isocyanate (MIC) from the Union Carbide India Limited (UCIL) pesticide plant, a subsidiary of Union Carbide Corporation (UCC), caused the immediate deaths of thousands of people and left many more severely injured. The consequences were profound and continue to haunt the affected communities to this day. It is a tragic and ongoing injustice that the wounds inflicted by this avoidable event remain unhealed, with subsequent second and third generations still bearing the brunt of its aftermath. The impact extends even to the unborn, with future generations facing a multitude of harms.

In 1989, the Supreme Court of India played a pivotal role in mediating a resolution between Union Carbide Corporation and the Government of India. In the aftermath of this mediation, in February 1989, after 24 days of hearings, the Supreme Court directed a final settlement of all Bhopal litigation, amounting to $470 million.

In response to these concerns, the Government of India, Union Carbide Corporation, and Union Carbide India Limited accepted the Court's direction, and just 10 days after the decision, Union Carbide Corporation paid $425 million, and Union Carbide India Limited paid $45 million to the Government of India as part of the settlement.

However, the settlement came under scrutiny due to inaccuracies in the statistics of dead and injured victims cited during the negotiations. Dissatisfied with the terms of the agreement, the Bhopal survivors took a stand and decided to challenge its validity. They filed a suit to overturn the 1989 settlement and throughout 1990, tirelessly campaigned and petitioned for justice.

Their efforts, however, faced a significant hurdle when the Indian Supreme Court conducted a review of the settlement in October 1991. Despite the survivors' and activists' impassioned plea, the Court upheld the fairness and adequacy of the settlement, ruling it as legally-binding. The civil settlement of $470 million remained unchanged. This verdict was a blow to the survivors' hopes of obtaining further compensation.

In a subsequent development in April 2007, the Indian Supreme Court reaffirmed the adequacy and finality of the 1989 settlement, dismissing objections raised by non-government organisations (NGOs). The Court considered these objections and, for the second time, stood by its decision to uphold the agreement. Even after the settlement funds were fully disbursed, the Court rejected challenges to its adequacy, reasserting its previous judgments and bringing closure to the legal disputes surrounding compensation relating to the Bhopal disaster.

However, this injustice took a new turn in 2010 when the Government of India itself filed a curative petition, aiming to correct judgments that resulted from procedural judicial errors. The petition aimed to address the lingering issues surrounding the initial settlement and assess its [in]adequacy in addressing the true extent of the damage caused by the Bhopal preventable disaster. The Government of India put forth the following demands:

• To compel Union Carbide Corporation (UCC) to augment the settlement amount – (even though the Government of India had previously opposed such relief, as advocated by activists).
• Reimbursement of the relief and rehabilitation expenses incurred by the state and central governments.
• A fund for remediating the plant site.

The Curative Petition made a substantial request, totalling over $1 billion. Alongside Union Carbide Corporation (UCC) and Union Carbide India Limited (UCIL), The Dow Chemical Company (TDCC) was also implicated as a respondent in the petition.

Subsequently, the Madhya Pradesh State Government (MPSG) sought to intervene, along with certain interest groups, who filed an application claiming additional grounds for enhancing the settlement. They argued that the additional payment should amount to $8.1 billion.

On March 14th, 2023, the Supreme Court dismissed the petition, stating that there was no legal basis for pursuing it three decades after the incident. Despite the significant request for over $1 billion and the involvement of multiple parties, the court ruled against further proceedings, bringing an end to the long-standing legal battle over the Bhopal disaster settlement.

The ruling of the Supreme Court of India sparked dismay and condemnation. At a press conference held on March 20th, 2023, five organisations advocating for justice in the Bhopal disaster jointly expressed their disappointment and condemned the Supreme Court's decision to dismiss the Curative Petition.

• Rashida Bee, President of the Bhopal Gas Peedit Mahila Stationery Karmchari Sangh and founder of the Chingari Children’s Rehabilitation Centre, voiced her concerns stating, "The Supreme Court Bench has deliberately ignored arguments against Union Carbide using fraudulent means to settle the case on the disaster in February 1989."
• Balkrishna Namdeo of Bhopal Gas Peedit Nirashrit Pensionbhogi Sangarsh Morcha, disputed the court’s claim, expressing that "The Court's claim that Bhopal survivors received six times more compensation than that provided under the Motor Vehicles Act is overwhelmingly false."
• Rachna Dhingra of the Bhopal Group for Information & Action added to the chorus, stating "They chose to ignore that the ongoing contamination is due to unsafe dumping of poisonous waste before and after the disaster by Union Carbide."
• Nawab Khan, President of Bhopal Gas Peedit Mahila Pursh Sangarsh Morcha, expressed his concern about the judges, adding, "Nowhere in the 34-page decision is there any indication that the judges are even remotely familiar with the scientific facts on the medical consequences of exposure to Union Carbide's leaked gas."
• Nousheen Khan of Children against Dow Carbide asserted that "The judges have also made their bias for Union Carbide clear by completely omitting to mention that the corporation continues to abscond from the criminal case on the disaster."

These strong statements conveyed the frustration and disbelief among the organisations fighting for justice in Bhopal. They emphasised the perceived lack of understanding and consideration given to crucial evidence and the ongoing efforts to hold Union Carbide accountable for its actions.

The fight for justice for the Bhopal survivors is not a battle we can afford to lose. It is a resounding moral imperative demanding a complete re-evaluation of corporate responsibility, government accountability, and the preservation of human rights. We must stand united to hold the responsible entities accountable, ensuring the Bhopal survivors receive the just and fair compensation, unwavering support, and the justice they rightfully deserve.

December 2024 will mark the fortieth anniversary of the world’s worst industrial disaster. The legacy of the preventable Bhopal industrial incident must serve as an unwavering reminder to governments, corporations, and society at large: that the pursuit of profit can never, and must never, come at the irreversible expense of human lives and well-being.

To support the ongoing efforts for justice and aid in Bhopal, you can get involved with organisations like:

• The International Campaign for Justice in Bhopal: Visit their website at https://www.bhopal.net.
• Bhopal Medical Appeal: Contribute to their cause by visiting www.bhopal.org.

By engaging with these initiatives, you can help make a difference in the lives of the Bhopal survivors and contribute to the pursuit of justice and support for the affected community. There are also other organisations actively working towards justice and support for the Bhopal survivors, such as:

• Bhopal Gas Peedith Mahila Udyog Sangathan (BGPMUS): This women's organisation focuses on advocating for the rights of women affected by the Bhopal gas tragedy. Their website is: https://www.bhopal.net/bgpmus/
• Sambhavna Trust Bhopal: This charitable organisation provides free medical care and support to the gas-affected communities in Bhopal. You can find more information about their work at: https://sambhavnabhopal.org/
• Bhopal Group for Information and Action (BGIA): BGIA is dedicated to raising awareness, providing information, and advocating for justice in the Bhopal gas tragedy. Their website is: https://www.bhopal.net/bgia/

If you are interested in reading more about this injustice, Sharon Hartles has published a comprehensive article on the British Society of Criminology BSC blog that may be of interest:

Bhopal State-Corporate Crime continues to unfold, (1984 – Present), 35 years and counting

Sharon Hartles, Member of the Harm and Evidence Research Collaborative, The Open University. Member of the British Society of Criminology. Affiliated with the Risky Hormones research project (an international collaboration in partnership with patient groups). Contact: sh28739@ou.ac.uk