Mark Dummett
Column first published in The Diplomat
Shortly before midnight on December 2, 1984, a horrific cloud consisting of large amounts of the deadly gas methyl isocyanate (MIC) and other chemicals began leaking into the atmosphere from the storage tanks of the American multinational Union Carbide Corporation. A pesticide factory on the outskirts of Bhopal.
The immediate consequences of mass poisoning are catastrophic. As many as 10,000 people are believed to have died within three days of the leak.
As the world marks the 40th anniversary of the Bhopal gas tragedy, what should we learn from what happened that horrific night? I think there are probably at least three important ones. First, and perhaps most obviously, a single tragic event can have consequences that affect generations.
In addition to those who died from the gas in the first hours, thousands more were exposed and went on to suffer from a range of chronic and debilitating ailments. More than 22,000 people are currently estimated to have died as a direct result of the spill, while more than 500,000 people continue to suffer some degree of permanent injury.
Shockingly, it’s not just those who are directly exposed to the gas who are affected. Over the next few years, large numbers of children born to parents exposed to gas developed stunted growth, birth defects, and other health problems.
Meanwhile, thousands of tons of toxic waste remain buried in and around abandoned factories to this day. This contaminates residents’ water supplies and harms their health, exacerbating already poor health conditions for residents exposed to natural gas.
In addition to the health impacts, the tragedy also plunged an already impoverished community into further poverty. In many families, the primary wage earner either dies or becomes too ill to work. Women and children suffered particularly hard.
The second unfortunate lesson of the Bhopal tragedy is that it is easy for the UCC to avoid responsibility. Against the mostly impoverished victims of natural gas disasters are powerful, wealthy multinational corporations that escape their responsibility to provide adequate compensation and medical care to survivors and their descendants.
The catastrophic gas leak was the foreseeable result of numerous operational failures at the plant, but from the beginning, the UCC’s response to the disaster was inadequate and callous. For example, while thousands of people died or suffered painful injuries from gas exposure, the UCC withheld critical information about the toxicological properties of MIC, thereby undermining the effectiveness of the medical response. To date, the UCC has not revealed the names of any of the chemicals and reaction products that were leaked with the MIC that fateful night.
In 1989, the Indian government and the UCC reached an out-of-court settlement of US$470 million without consulting the survivors of the Bhopal gas tragedy. The amount was less than 15% of the government’s original request and far lower than most estimates of losses at the time. Thousands of claims were not registered at all, including by children under the age of 18 who were exposed to the gas, as well as children born to affected parents who later turned out to be severely affected as well.
India and the United States have made numerous attempts to hold UCCs and individuals accountable through criminal or civil claims proceedings, but these efforts have been fruitless or have had very limited results.
The reorganization of a business entity involved in a tragedy presents a challenge. UCC sold the Indian-registered subsidiary that operated the plant. It was then acquired by another American giant, Dow. To this day, Dow Chemical Company shamefully claims that it has no liability because it “never owned or operated the plant” and because UCC did not become a subsidiary of Dow Chemical Company until 16 years after the accident.
In 2010, the Chief Judicial Magistrate’s Court in Bhopal found seven Indian citizens and UCC’s Indian subsidiary guilty of causing death by negligence. In contrast, U.S. individuals and companies have escaped punishment, and there is ample evidence that U.S. authorities helped protect them.
Companies have a responsibility to respect human rights wherever they operate. The Dow Chemical Company may not have caused the natural gas leak, but it was directly tied to the tragedy after acquiring UCC. It is completely shameful that the company claims to adhere to the highest human rights standards, yet it continues to fail to meet the urgent needs of survivors.
But there is a third lesson to be learned from the Bhopal gas tragedy and its aftermath. This can be found in the inspiring stories of survivor groups and their supporters who have refused to give up the fight for justice for more than 40 years. They have initiated or intervened in numerous legal proceedings; they have conducted scientific research on pollution and health effects; and they have introduced practical measures without adequate state and corporate support. For example, in 1994, the survivor group raised funds for the Sambhavna Trust Clinic and later opened the Chingari Rehabilitation Centre. Thousands of adults and children affected by gas and pollution benefit from highly specialized medical care and rehabilitation services provided by these facilities, unmatched by any government-run facility.
Their campaign also meant that Dow never escaped the fallout from the Bhopal disaster. Their activities will continue until the survivors’ needs are finally met.
