Opinion - Editorials

STOP PASSING THE BUCK

THE BUCK MUST stop somewhere, particularly when it concerns the lives and health of thousands of ordinary people. Yet sadly, despite the simple, obvious and humanitarian step the United Progressive Alliance Government could have taken, it has fallen short by passing the buck. The issue that has come before it is fairly straightforward. By June 30, a United States Federal Court expects the Government of India and the Madhya Pradesh Government to state in writing that they have no objection to the court directing the Union Carbide Corporation to clean up the mess it left behind in its plant in Bhopal. This plant, which was operated by Union Carbide India Limited (UCIL), a wholly owned subsidiary of the multinational Union Carbide Corporation (UCC), closed down in December 1984 following the leak of tonnes of methyl isocyanate that ultimately led to the death of over 17,000 people.

The remnants of that disastrous night have lingered in soil and water even as the ownership of the plant has changed hands. UCC does not exist any more; nor does UCIL. The former was bought over by Dow Chemicals in 2001. But the rusting plant that once belonged to UCIL stands on the same plot of land, sacks of chemicals continue to lie about in its sheds, and the toxins in the soil continue to leach into the water sources surrounding the plant. The impact of this silent poisoning of land and water around the Union Carbide plant on the health of thousands of people living in the vicinity has been well established. Yet no one will claim responsibility for the clean-up. The Madhya Pradesh Government, which originally leased the land to UCIL, disclaims responsibility and says it does not have the money to undertake the clean-up. Dow Chemicals claims it has nothing to do with the mess left behind by the previous owners of the plant. It was this stand-off that led some of the victims of the Bhopal gas tragedy, principally Rashida Bi who recently received the Goldman Environmental Award, to file a class action suit in the U.S. demanding that UCC clear up the mess it had left behind.

In what is seen as a landmark decision, the U.S. Federal Court announced on March 17 that it could direct Union Carbide to clean up the soil and groundwater in the abandoned plant if the Government of India stated it had no objection. Instead of acting on this, the Government has chosen to toss the matter between different Ministries and raise pettifogging legal issues. The matter at hand concerns problems that have arisen after the Bhopal gas disaster. It does not conflict with the responsibilities taken on by the Government of India through the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985. As the eminent jurist, V.R. Krishna Iyer, has pointed out in a letter to the Prime Minister, the U.S. Federal Court has made "a distinction between claims related to the '84 disaster and those arising out of the toxic contamination." The U.S. court ruling also conforms to a basic principle in environmental law — the "polluter pays" — that India supports. This is a historic opportunity to extend this principle to multinationals that operate outside the borders of the countries where they are registered. Instead of dragging its feet, the UPA Government should move immediately to send the letter to the U.S. Federal Court. The nation owes at least this to the thousands who died in Bhopal and the thousands more who live lives burdened with the poisons they have ingested.

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