What happened on Dec 2/3, 1984?

1. What happened on Dec 2/3, 1984? • Union Carbide plant in Bhopal, India, began leaking 27 tons of the deadly gas methyl isocyanate (MIC) • (From EPA web site) Effects of MIC: • Pulmonary edema • Respiratory infections such as bronchitis and bronchial pneumonia. • Respiratory tract irritation, difficulty breathing, blindness, nausea, gastritis, sweating, fever, chills, and liver and kidney damage. • Per UCC manual: highest hazard rating for MIC

2. The TOLL “There were thousands of bodies. There were bodies everywhere. And people were dying all around” • 7000 dead within the first 3 days • More than 120000 people have suffered from “chronic, debilitating illness” • 15248 deaths recorded till 2003 • 554895 cases of disability and injury

3. That Fateful Night "At about 12.30 am I woke to the sound of my baby coughing badly. In the half light I saw that the room was filled with a white cloud. I heard a lot of people shouting. They were shouting 'run, run'. Then I started coughing with each breath seeming as if I was breathing in fire. My eyes were burning.” "It felt like somebody had filled our bodies up with red chillies, our eyes tears coming out, noses were watering, we had froth in our mouths. The coughing was so bad that people were writhing in pain. Some people just got up and ran in whatever they were wearing or even if they were wearing nothing at all. Somebody was running this way and somebody was running that way, some people were just running in their underclothes. People were only concerned as to how they would save their lives so they just ran.”

4. Effects of MIC • Union Carbide’s medical experts at the time of the leak asserted that MIC could only cause superficial injury. • The composition of MIC has been kept a trade secret by UCC and this created the inability to treat victims properly • ICMR stopped monitoring and research in 1994. • Sambhavna Clinic, which was formed by activists is the only active source that is carrying on the task of survey and documentation.

5. Health Impact • Chronic Respiratory diseases ICMR: 96% of people living around the area suffer from chest pains, labored breathing, coughs etc. Five years after the accident a survey found that 70% of the sample from severely affected area reported breathlessness. • “Bhopal suffered from an epidemic of chemically induced SARS” • (Bulletin of Science, Technology and Society, 2005) • Eye disease “Bhopal Eye Syndrome” ICMR: 60%-70% patients of the patients seen after a few weeks from the accident had eye problems. “..my eyes were swollen. When I looked at the light it looked like 1,000 rays. …After that my eyes were never good, I was never again able to do my previous job.” (Raes Mohammed, an ex sign board artist) • Immune system impairment 20 years after exposure, severely exposed people • four times more likely to suffer from lung ailments • three times more likely to suffer from eye problems • twice as likely to suffer from stomach ailments according to the Madhya Pradesh Gas Relief and Rehabilitation Department.

6. Cancers Studies conducted after the gas leak indicated higher frequencies of Chromosomal aberrations among exposed groups, especially among women. • Neurological damage Studies by the International Medical Commission on Bhopal a decade after the incident indicated neurological damange among severely Affected people. • Neuromuscular damage Symptoms such as muscle aches and pain, tingling and numbness are prevalent among those exposed to gas. • Children born with Birth Defects In a sample of 865 women who lived within 1 km from the plant and who were Pregnant at the time of gas leak 43% did not result in live births. (Environmental Helth Perspectives 1987) “Children are being born with deformities like cleft palate, three eyes, all Fingers joined, one extra finger, one testicle, different skull shapes and Down’s syndrome.” (Lancet, September 2002) Lancet also notes the presence of official silence regarding this issue.

7. Gender Dimension • Breast Milk Contamination -Breast milk contaminated with organochlorines such as 1,3,5 Trichlorobenzene, dichloromethane, chloroform, lead and mercury. • High cancer rates in women specifically cervical and breast cancer • Gynecological Problems - A study as early as March 1985 revealed prevalence of several gynaecological problems. Chief among the symptoms were excessive vaginal discharge and abnormal uterine bleeding. “…When my period comes, I have weakness. I had back pain..I could not leave the house and I would have pain like I was having a miscarriage. First I was embarrassed that I had problems.” (Sitara Bi) • High rates of miscarriage - According to the ICMR, of 2,566 pregnant women, 373 had “spontaneous abortions.” In severely exposed areas, the rate was over 50% in 1984. • Early menopause. • Health problems leading to various social problems.

8. "Bhopal did not just happen on December 3rd, 1984, it is continuing to happen to those who were unfortunate to live in its vicinity on that fateful day. Not only this generation but the next generations too stands to be contaminated and poisoned by the disaster. Not only is the soil, but also groundwater, vegetables as well as mother’s breast milk has found to be contaminated." • Ground Water Contamination • Green Peace conducted a test of ground water from 12 different sample sites in 1999. • They published a 112 page report. • the ground water was found to be poisonous for human consumption • contamination of heavy metals are likely to remain in the ground water for years. • "Sample IT9012, collected from a drain directly beneath the plant, contained • free mercury at 12% of the overall weight of the sample • (between 20,000 and 6 million times higher than might be expected as background)."

9. How do we understand this? • As a tragedy, as a disaster • But…. as an accident? • EPA: “In 1984, in Bhopal, India, an accidental Union Carbide gas leak of methyl isocyanate resulted in the deaths…” • New York Times: “People of Bhopal, India, are still seething over 1984 accident in which lethal cloud of methyl isocyanate leaked from Union Carbide plant “ • Hindustan Times (in an overall sympathetic article): “A Disaster Management Institute (DMI) in Bhopal doesn’t automatically mean that the officialdom would be able to cope with another industrial accidenteven on a much smaller scale.”

10. (Princeton wordnet) (An accident is) anything that happens by chance without an apparent cause • (Merriam-Webster) 1 a: an unforeseen and unplanned event or circumstance b: lack of intention or necessity Question: Was it really an accident or was it criminal negligence?

11. 1km from railway station Within 3km of two major hospitals Bhopal development plan of 1975 recommendation: At least 25km away from city MN Buch asked for plant to be relocated Result: he was transferred Pre-disaster: Faulty Location

12. Pre-Disaster : Role of Indian Govt • The central and state governments were aware of hazardous substances and processes in UCC • State government granted legal land titles around the plant site in 1984 • Before 1984 at least 6 accidents were recorded at the plant by the MP Industrial Safety and Health Department. • 1975 Municipal planning administrator Buch issued a notice for plant relocation for which he was transferred from the position. • In 1984 local journalist wrote an article about the unsafe condition of the plant. • Government gave an environmental clearance certificate few days before the disaster in spite of all the warnings

13. Pre-Disaster : UCC’s Role

14. Bhopal –Legal Saga March 25, 1985. Fearing that the victims claims might be exploited by an army of private lawyers, the Indian Parliament enacted the Bhopal Gas Leak Disaster (Processing of claims) Act, on March 25, 1985. April 1985 Indian government filed suit against Union Carbide on 8th April 1985 in the courts of the United States May 1986 On 12th May 1986, Judge Keenan conditionally dismissed the consolidated action on the grounds that the India was the more appropriate forum for the resolution of this litigation. 1999-Present (the Southern District federal court in New York ) The civil case was filed in 1999 by survivors against Union Carbide, seeking a comprehensive cleanup of the contaminated site and the properties around the factory, and compensation and medical monitoring for those poisoned by Carbide’s chemical waste. (currently at appeal for 3rd time, since Keenan dismissed claim for class certification for third time)

15. Criminal Proceedings November 1987 Formal charges of “culpable homicide” and “causing death by use of a dangerous instrumentality” were framed by India’s prosecuting agencies on 30 November 1987. March 1992 In March 1992, the JM (Judicial Magistrate) issued an arrest warrant for Warren Anderson and gave lawyers for Union Carbide a month in which to appear for trail 2004 The Indian government submitted an extradition request for Anderson under the Indo-US Treaty of Extradition which was, reportedly rejected. 2005 Dow Chemical was asked to show cause why its Indian assets shouldn’t be attached to the case and possibly seized to force its subsidiary, Union Carbide, to appear before the court. Progress in the criminal case against Indian officials has been, if anything, equally glacial (recently reported that the trail commenced against them and were subjected to testifying)

16. Supreme Court of India -Settlement February 14, 1989 • Chief Justice entered a judicial decree preliminary recording the terms of the settlement between Indian government and Union Carbide, which required Union Carbide to pay $470 million in damages in order to extinguish all civil and criminal liability. 1989-1992 • Public Outcry – In its final decision of October 1991, the Indian Supreme Court justified the settlement but modified its terms and conditions by mandating the prosecution of criminal charges against UCC and its former director. May 2004 • Supreme Court issued an order requiring the M.P. government to “take steps to supply fresh drinking water expeditiously.” Jan 2006-Present • A review petition is currently pending before SC seeking reconsideration of 1991/1992 decision

17. Victim Compensation • Final settlement amount: $470 mil • Based on Supreme Court-endorsed settlement in 1989 • This amount was based on estimate of 3000 dead, 30000 permanent disabilities, … total 205000 victims • But these were the estimates for interim compensation at the High Court stage • Counts in 2003: 15248 deaths, 554895 cases of disability and injury

18. Independent estimates of compensation: • “The Bhopal Tragedy”: $4 bil, based on medical, economic, legal costs • “A Cloud over Bhopal”: economic costs alone come up to $1.3 bil • Government’s initial claim (at lower court) itself was $3.3 billion Compensation for other cases in First World: Exxon Valdez Alaskan oil spill • $5 billion court award against Exon Valdez • Approximately US $ 40,000 was spent on the rehabilitation of every sea otter affected by the Alaska oil spill. • Each sea otter was given rations of lobsters costing US $ 500 per day. • 470 million distributed equally comes to about $800

19. That was just the dollar amount The process of claiming the compensation was painful More than 250000 claims never documented or classified Long queues, incredible red-tapism Some statistics on Dow: • Revenue in 2005: $46 B • Market share of pesticides: 14.2% • Silicone breast implant class action lawsuit against Dow (1998): $3.1 billion settlement

20. UCC & DOW RESPONSIBILITY • In 2001 Dow took over UCC and is using ownership structure to avoid responsibility • Dow refuses to assume Union Carbide's environmental and criminal liabilities in Bhopal, claiming Union Carbide to be a separate company • Dow is now the new 100% owner of Carbide, under the US, Indian and international corporate law, Dow has inherited both Carbide’s assets & liabilities. • Dow Chemical set aside $2.2 billion in 2002 to resolve Union Carbide's asbestos liabilities in Texas

21. We all live in Bhopal. If corporations aren't held accountable for their crimes, they're destined to be repeated. The people of Bhopal continue their struggle for justice for corporate accountability for their basic human right to an environment free of chemical poisons

22. Justice for Bhopal, Justice for All International campaign for justice in Bhopal and a mass student movement actively campaigning and raising the concerns of the Bhopalis Demands of the Campaign • National Commission on Bhopal: Set up a National Commission on Bhopal to address health and economic needs of the impacted community. • Provide Safe Drinking Water: Commit full funds to provide clean Kolar water to those drinking poisoned water. • Prosecute Union Carbide and Anderson: Set up a Special Prosecution Cell to pursue Bhopal’s outstanding fugitives. • Make Dow Clean Up and Pay: Properly assess the contamination and require Dow to clean it up. Provide information regarding health consequences of chemicals. • Blacklist Dow and Union Carbide: Stop Gov't purchase of Dow products and Dow's expansion in India until Dow faces its liabilities.

23. Victories In 2004 • Consulates in the US were besieged with hundreds of phone calls and emails. • Multiple protest outside the US consulates • 6 days hunger strike by survivors outside New Delhi • 15 students in Indian met with MP chief minister • New Delhi students met with the president of India • Compensation Indian Government had been slowly distributing the $470 million in settlement money that Union Carbide paid the government in 1989 to resolve civil claims stemming from the disaster In July 2004, 330 million money that remained in the fund interest on the original settlement, accumulated over time was dispersed. • Clean Water In May 2004, the Supreme Court ruled that State Government of Madhya Pradesh should supply clean drinking water to those living near the factory The supply in February 2005 was a little over 125,000 litres per day, or just 14% of the UN’s daily water requirement

24. Victories • No Objection Certificate from Indian Govt In April, 2004, the 2nd Circuit Court of Appeals in the United States ruled that a multinational corporation based in one country could be held responsible there for an environmental cleanup abroad. The Indian Government held title to the land, the court ruled that the permission of the government was needed before any cleanup could be enforced. Yet the Government appeared strangely reluctant to submit the necessary No Objection Certificate (NOC) to the court though it would have to foot a $500 million bill for clean-up The Pressure was successfully. The government reversed itself and submitted the NOC • Thwarting DOW on-campus. • Universities passed Resolutions condemning Dow • University of Michigan (March, 2003) • Wheaton College (April, 2003) • University of California, Berkeley (December, 2004) • University of Texas Austin ( Feb/ March 2005) • City Proclamations / Resolutions • Seattle • Boston • San Francisco

25. 150 survivors of the December ’84 Union Carbide disaster in Bhopal will march on foot to New Delhi from February 20, 2006 demanding justice and a life of dignity for the people poisoned by American multinational Union Carbide Corporation . The Bhopal march is for 800 km, covering about 30 kms every day. The march route goes through five states visiting other pollution impacted communities. They will present their demands to the prime minister’s office on March 24 . www.bhopal.net/march