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1he 8hopa| Gas 1ragedy Introduct|on

1 ln Lhe early mornlng hours of uecember 3 1984 a polsonous grey cloud (forLy Lons of Loxlc gases)
from unlon Carblde lndla LlmlLed (uClLs)
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pesLlclde planL aL 8hopal spread LhroughouL Lhe clLy WaLer
carrylng caLalyLlc maLerlal had enLered MeLhyl lsocyanaLe (MlC) sLorage Lank no 610 WhaL followed
was a nlghLmare

1he klller gas spread Lhrough Lhe clLy sendlng resldenLs scurrylng Lhrough Lhe dark sLreeLs no alarm
ever sounded a warnlng and no evacuaLlon plan was prepared When vlcLlms arrlved aL hosplLals
breaLhless and bllnd docLors dld noL know how Lo LreaL Lhem as uClL had noL provlded emergency
lnformaLlon

lL was only when Lhe sun rose Lhe nexL mornlng LhaL Lhe magnlLude of Lhe devasLaLlon was clear uead
bodles of humans and anlmals blocked Lhe sLreeLs leaves Lurned black and Lhe smell of burnlng chllll
peppers llngered ln Lhe alr LsLlmaLes suggesLed LhaL as many as 10000 may have dled lmmedlaLely and
30000 Lo 30000 were Loo lll Lo ever reLurn Lo Lhelr [obs
1he caLasLrophe ralsed some serlous eLhlcal lssues 1he pesLlclde facLory was bullL ln Lhe mldsL of
densely populaLed seLLlemenLs uClL chose Lo sLore and produce MlC one of Lhe mosL deadly chemlcals
(permlLLed exposure levels ln uSA and 8rlLaln are 002 parLs per mllllon) ln an area where nearly
120000 people llved 1he MlC planL was noL deslgned Lo handle a runaway reacLlon When Lhe
unconLrolled reacLlon sLarLed MlC was flowlng Lhrough Lhe scrubber (meanL Lo neuLrallze MlC
emlsslons) aL more Lhan 200 Llmes lLs deslgned capaclLy

MlC ln Lhe Lank was fllled Lo 87 of lLs capaclLy whlle Lhe maxlmum permlsslble was 30 MlC was noL
sLored aL zero degrees cenLlgrade as prescrlbed and Lhe refrlgeraLlon and coollng sysLems had been shuL
down flve monLhs before Lhe dlsasLer as parL of uCCs global economy drlve vlLal gauges and lndlcaLors
ln Lhe MlC Lank were defecLlve 1he flare Lower meanL Lo burn off MlC emlsslons was under repalr aL Lhe
Llme of Lhe dlsasLer and Lhe scrubber conLalned no causLlc soda

As parL of uCCs drlve Lo cuL cosLs Lhe work force ln Lhe 8hopal facLory was broughL down by half from
1980 Lo 1984 1hls had serlous consequences on safeLy and malnLenance 1he slze of Lhe work crew for
Lhe MlC planL was cuL ln half from Lwelve Lo slx workers 1he malnLenance supervlsor poslLlon had been
ellmlnaLed and Lhere was no malnLenance supervlsor 1he perlod of safeLyLralnlng Lo workers ln Lhe
MlC planL was broughL down from 6 monLhs Lo 13 days
ln addlLlon Lo causlng Lhe 8hopal dlsasLer uCC was also gullLy of prolonglng Lhe mlsery and sufferlng of
Lhe survlvors 8y wlLhholdlng medlcal lnformaLlon on Lhe chemlcals lL deprlved vlcLlms of proper
medlcal care 8y denylng lnLerlm rellef as dlrecLed by Lwo lndlan courLs lL caused a loL hardshlp Lo Lhe
survlvors ln lebruary 1989 Lhe Supreme CourL of lndla ruled LhaL uCC should pay uS$470 mllllon as
compensaLlon ln full and flnal seLLlemenL uCC sald lL would accepL Lhe rullng provlded CovernmenL of
lndla (CCl) dld noL pursue any furLher legal proceedlngs agalnsL Lhe company and lLs offlclals CCl
accepLed Lhe offer wlLhouL consulLlng wlLh Lhe vlcLlms


1he Iourney from V|rg|n|a to 8hopa|
ln Lhe beglnnlng of Lhe 20
Lh
cenLury uCC was born of a merger of four uS companles produclng
baLLerles and arc lamps for sLreeL llghLlng and headlamps for cars 8y Lhe second half of Lhe 20Lh
cenLury uCC had 130 subsldlarles ln 40 counLrles approxlmaLely 300 producLlon slLes and 120000
employees uCC manufacLured lndusLrlal gases such as nlLrogen oxygen meLhane eLhylene and
propane used ln peLroleum lndusLry as well as chemlcal subsLances llke ammonla and urea used ln Lhe
manufacLure of ferLlllzers

lL also produced sophlsLlcaLed meLallurglcal speclalLles based on alloys of cobalL chrome and LungsLen
used ln alrplane Lurblnes ln addlLlon Lo all Lhese lL produced a whole range of plasLlc goods for general
use ln Lhe 1930s paraslLes were creaLlng havoc ln Lhe unlLed SLaLes as well as Mexlco CenLral Amerlca
and several SouLh Amerlcan counLrles desLroylng fodder crop and planLaLlons 1hese paraslLes also
found ln Malaysla !apan and souLhern Lurope aLLacked poLaLo crops as well as frulL Lrees and
vegeLables 1he red vlne splder was anoLher LhreaL Lo food crops 1he chemlcal lndusLry had Lo come up
wlLh someLhlng Lo eradlcaLe Lhls A number of companles wenL lnLo acLlon Cne of Lhem was uCC

ln 1934 uCC embarked on a mlsslon of devlslng a producL Lo exLermlnaLe a wlde range of paraslLes
whlle aL Lhe same Llme respecLlng Lhe prevalllng sLandards for Lhe proLecLlon and safeLy of human
belngs and Lhelr envlronmenL 1hus was born Lhe LxperlmenLal lnsecLlclde Seven Seven whlch soon
came Lo be known as Sevln 1o manufacLure Sevln phosgene
2
gas was made Lo reacL wlLh anoLher gas
called mono meLhylamlne
1he reacLlon of Lhese Lwo gases produced a new molecule MlC MlC was one of Lhe mosL dangerous
compounds ever lnvenLed ln Lhe chemlcal hlsLory uCCs LoxlcologlsLs had LesLed lL on raLs and Lhe
resulLs had been so Lerrlfylng LhaL Lhe company banned publlcaLlon of Lhelr work CLher experlmenLs
had shown LhaL anlmals exposed Lo MlC vapours would face lnsLanLaneous deaLh MlC was so volaLlle
LhaL as soon as lL came lnLo conLacL wlLh a few drops of waLer or a few ounces of meLal dusL lL goL off
an unconLrollably vlolenL reacLlon
no safeLy sysLem no maLLer how sophlsLlcaLed would Lhen be able Lo sLop lL emlLLlng a faLal cloud lnLo
Lhe aLmosphere 1o prevenL exploslon MlC had Lo be kepL permanenLly aL a LemperaLure near zero
1herefore provlslon had Lo be made for Lhe refrlgeraLlon of any drums or Lanks LhaL were Lo hold
lLuCCs operaLlons ln lndla sLarLed ln Lhe beglnnlng of Lhe LwenLleLh cenLury ln 1924 an assembly planL
for baLLerles was opened ln kolkaLa 8y 1983 uCC had 14 planLs ln lndla manufacLurlng chemlcals
pesLlcldes baLLerles and oLher producLs uCC held a 309 sLake ln Lhe lndlan subsldlary 1he balance of
491 was owned by varlous lndlan lnvesLors normally forelgn lnvesLors were llmlLed Lo 40 ownershlp
of equlLy ln lndlan companles buL Col walved Lhls requlremenL ln Lhe case of uCC because of Lhe
sophlsLlcaLlon of lLs Lechnology and Lhe companys poLenLlal for exporL
ln 1966 an agreemenL was slgned beLween CCl and uClL under Lhe agreemenL uClL would lmporL
1200 Lons of Sevln from Lhe parenL company ln Lhe unlLed SLaLes uCC would bulld a facLory ln lndla Lo
produce Sevln wlLhln flve years

1he locaLlon of Lhe facLory would be kall Crounds ln 8hopal (Madhya radesh) (8efer LxhlblL l) ln 1969
uCC seL up lLs pesLlclde unlL ln 8hopal 1he CCl granLed a llcense Lo uClL Lo manufacLure 3000 Lons of
Sevln a year uClL would produce Sevln and all Lhe chemlcal lngredlenLs requlred ln lndla lLself Lduardo
Munoz Lhe ArgenLlnean agronomlc englneer who was wlLh uCC was enLrusLed Lhe responslblllLy of
maklng Lhe pro[ecL a success

Lduardo Munoz felL LhaL manufacLurlng 3000 Lons of Sevln would requlre conslderable quanLlLles of
MlC Lo be manufacLured and sLored Pe was noL ln favour of sLorlng huge quanLlLy of MlC and suggesLed
an alLernaLlve llke baLch producLlon of MlC Lo meeL producLlon llne requlremenLs as Lhey rose 1hls
would ellmlnaLe Lhe need Lo sLore large quanLlLy of MlC on slLe
Powever Lhls producLlon phllosophy was agalnsL Lhe Amerlcan lndusLrlal culLure and uCC offlclals
Lurned down Lhe suggesLlon saylng ?ou have absoluLely no need Lo worry dear Lduardo Munoz ?our
8hopal planL wlll be as lnoffenslve as a chocolaLe facLory
3
Lduardo Munoz was also agalnsL Lhe
proposed slLe of Lhe facLory as lL was Loo close Lo areas where people llved such as Lhe slums ln Crlya
8usLee !ayprakash nagar and Chola

Powever uCC offlclals LhoughL kall Crounds was Lhe rlghL place Lo bulld Lhe planL 1hese offlclals
submlLLed Lhelr requesL for a slxLy hecLare ploL of land on kall Crounds Accordlng Lo munlclpal plannlng
regulaLlons no lndusLry llkely Lo glve off Loxlc emlsslons could be seL up on a slLe where Lhe prevalllng
wlnd mlghL carry effluenLs lnLo densely populaLed areas
AL Lhe kall Crounds Lhe wlnd usually blew from norLh Lo souLh Loward Lhe slums Lhe rallway sLaLlon
and flnally Loward Lhe overpopulaLed parLs of Lhe old Lown under such clrcumsLances Lhe appllcaLlon
should have been re[ecLed 8uL Lhe uCC offlclals dld noL menLlon LhaL Lhelr proposed facLory would be
maklng pesLlcldes ouL of Lhe mosL Loxlc gases avallable ln Lhe chemlcal lndusLry
AL Lhe beglnnlng of Lhe summer of 1972 uCC dlspaLched Lo uClL all Lhe plans for Lhe facLorys
consLrucLlon and developmenL ln 1979 Lhe 8hopal planL was lnauguraLed and work sLarLed lnlLlally
when Lhe facLory was noL ready Lo make Lhe MlC needed Lo produce Sevln Lhe uClL managemenL
declded Lo lmporL several hundred barrels from Lhe parenL companys facLory ln Lhe unlLed SLaLes ln
May 1980 Lhe chemlcal reacLors of Lhe 8hopal planL produced Lhelr flrsL gallons of MlC and dlspaLched
Lhem lnLo Lhree huge Lanks 1he new CLC of uCC Warren Anderson came over speclally from Lhe
unlLed SLaLes for Lhe evenL
||s Not We|| W|th 1he 8hopa| |ant
Slnce 1980 Lhe 8hopal planL had caused deaLh and ln[ury Lo many ln uecember 1981 planL operaLor
Mohammed Ashraf was kllled by a phosgene gas leak 1wo oLher workers were ln[ured ln May 1982
Lhree Amerlcan englneers from Lhe chemlcal producLs and household plasLlcs dlvlslon of uCC came Lo
8hopal 1helr Lask was Lo appralse Lhe runnlng of Lhe planL and conflrm LhaL everyLhlng was funcLlonlng
accordlng Lo Lhe sLandards lald down by uCC
1he reporL presenLed Lo Lhe uCC offlclals revealed LhaL all was noL well wlLh Lhe 8hopal planL 1he
reporL descrlbed Lhe surroundlngs of Lhe slLe as belng sLrewn wlLh olly old drums used plplng pools of
used oll and chemlcal wasLe llkely Lo cause flre

lL condemned Lhe shoddy workmanshlp on cerLaln connecLlons Lhe warplng of equlpmenL Lhe
corroslon of several clrculLs Lhe absence of auLomaLlc sprlnklers ln Lhe MlC and phosgene producLlon
zones and Lhe rlsk of exploslon ln Lhe gas evacuaLlon flares

lL also reporLed leaks of phosgene MlC and chloroform rupLures ln plpe work and sealed [olnLs
absence of any earLh wlre on one of Lhe Lhree MlC Lanks and poor ad[usLmenL of cerLaln devlses where
excesslve pressure could lead Lo waLer enLerlng Lhe clrculLs

AL Lhe same Llme Lhe reporL expressed concern aL Lhe lnadequaLely Lralned sLaff unsaLlsfacLory
lnsLrucLlon meLhods and sloppy malnLenance reporLs Local newspapers ln 8hopal publlshed arLlcles
crlLlclzlng Lhe poor managemenL of Lhe 8hopal planL Cne newspaper sald 1he day ls noL far off when
8hopal wlll be a dead clLy when only scaLLered sLones and debrls wlll bear wlLness Lo lLs Lraglc end
4
ln
CcLober 1982 MlC escaped from a broken valve serlously affecLlng four workers and causlng eye
lrrlLaLlon and breaLhlessness among people ln Lhe nearby communlLles 1hls lncldenL was a clear
lndlcaLlon of Lhe poLenLlal rlsk Lo publlc llfe

ln Lhe early 1980s uCC appolnLed Warren Woomer as Lhe managlng dlrecLor of lLs pesLlclde planL ln
8hopal AnalysLs felL LhaL Lhls slgnaled Lhe degree of conLrol uCC wanLed Lo exerclse over uClL ln 1982
Woomer reLlred and !agannaLhan Mukund (Mukund) became Lhe managlng dlrecLor ln 1983 under
pressure from Lhe parenL company Mukund devoLed all hls energles Lo cosL cuLLlng 1wo hundred
skllled workers and Lechnlclans were asked Lo reslgn
ln Lhe MlC unlL alone Lhe manpower ln each shlfL was cuL by half ln Lhe conLrol room only one man
was lefL Lo oversee some sevenLy dlals counLers and gauges whlch relayed among oLher Lhlngs Lhe
LemperaLure and pressure of Lhe Lhree Lanks conLalnlng Lhe MlC
1he lssue of Lhe danger posed by Lhe pesLlclde planL Lo 8hopal was ralsed ln Lhe Madhya radesh
Assembly ln uecember 1982 Powever 1 S vlyogl labour mlnlsLer ln Lhe Ar[un Slngh3 governmenL
allayed all fears saylng A sum of 8s 230 mllllon has been lnvesLed ln Lhls unlL 1he facLory ls noL a small
sLone whlch can be shlfLed elsewhere 1here ls no danger Lo 8hopal nor wlll Lhere ever be Lqually
confldenL was Mukund 1he gas leak [usL canL be from my planL 1he planL ls shuL down6 Cur
Lechnology [usL canL go wrong we [usL canL have such leaks he sald
ln Lhe auLumn of 1983 Mukund ordered Lhe shuLLlng down of Lhe prlnclpal safeLy sysLems ln Lhe planL
Pe felL LhaL because Lhe facLory was no longer acLlve Lhese sysLems were no longer needed Accordlng
Lo analysLs Mukund dld noL pay heed Lo Lhe facL LhaL slxLy Lons of MlC were sLored ln Lhe Lanks
lnLerrupLlng Lhe refrlgeraLlon of Lhese Lanks mlghL posslbly save a few hundred rupees worLh of
elecLrlclLy a day buL lL vlolaLed a fundamenLal rule lald down by uCCs chemlsLs whlch sLlpulaLed LhaL
MlC musL ln all clrcumsLances be kepL aL a LemperaLure close Lo zero degree Celslus
ln order Lo save coal Lhe flames whlch burnL off any Loxlc gases emlLLed lnLo Lhe aLmosphere ln Lhe
evenL of an accldenL LhaL burned day and nlghL aL Lhe Lop of Lhe flare was also exLlngulshed CLher
essenLlal equlpmenL such as Lhe scrubber cyllnder used Lo deconLamlnaLe any gas leaks were
subsequenLly deacLlvaLed All Lhls served as a slgnal for many wellLralned and experlenced englneers
and operaLors Lo leave Lhe 8hopal facLory ln search of more secure and saLlsfacLory employmenL

8eLween onehalf and LwoLhlrds of Lhe skllled englneers who had worked wlLh Lhe planL rlghL from Lhe
pro[ecL sLage had lefL Lhe planL by 1983 AnalysLs felL LhaL Lhe Lop offlclals aL uCC were neglecLlng Lhe
8hopal planL because Lhey were no longer lnLeresLed ln lL

1he 8hopal planL was llcensed Lo manufacLure 3000 Lons of MlC based pesLlcldes per year Powever
peak producLlon was only 2704 Lons ln 1981 whlch fell Lo 1637 Lons ln 1983 1hus Lhe quanLlLy of
pesLlcldes manufacLured ln 1983 was only 3314 of lLs llcensed capaclLy
ln Lhe flrsL Len monLhs of 1984 uClLs losses amounLed Lo 8s 30 mllllon uCC planned Lo close Lhe planL
and puL lL up for sale When no buyer came forward ln lndla plans were made Lo dlsmanLle Lhe facLory
and shlp lL Lo anoLher counLry negoLlaLlons Lo Lhls end were compleLed by Lhe end of november 1984
llnanclal losses and plans Lo dlsmanLle Lhe planL exacerbaLed uClLs already negllgenL managemenL
pracLlces
1he 1ragedy
Cn Lhe nlghL of uecember 2 1984 durlng rouLlne malnLenance operaLlons aL Lhe MlC planL aL abouL
930 pm a large quanLlLy of waLer enLered sLorage Lank no 610 conLalnlng over 40 Lons of MlC 1hls
Lrlggered off a reacLlon resulLlng ln a Lremendous lncrease of LemperaLure and pressure ln Lhe Lank 40
Lonnes of MlC along wlLh Pydrogen Cyanlde and oLher reacLlon producLs bursL pasL Lhe rupLured dlsc
lnLo Lhe nlghL alr of 8hopal aL around 1230 am SafeLy sysLems were grossly underdeslgned and
lnoperaLlve Senlor facLory offlclals knew of Lhe leLhal bulldup ln Lhe Lank aL leasL one hour before Lhe
leakage yeL Lhe slren Lo warn nelghbourhood communlLles was sounded more Lhan one hour afLer Lhe
leak sLarLed
8y Lhen Lhe polsonous gases had covered an area of 40 sqkms kllllng Lhousands of people Cver 300
Lhousand experlenced acuLe breaLhlessness paln ln Lhe eyes and vomlLlng as Lhey lnhaled Lhe deadly
vapours 1hey ran ln panlc Lo geL away from Lhe polsonous cloud LhaL hung close Lo Lhe ground for more
Lhan four hours
When people poured lnLo hosplLals by Lhousands Lhelr eyes and lungs ln burnlng choklng agony Lhe
docLors called up Lhe planL medlcal offlcer Lo flnd ouL whaL Lhey oughL Lo do ur Loya uClLs offlclal
docLor ln 8hopal replled lL ls noL a deadly gas [usL lrrlLaLlng a sorL of Lear gas7
unofflclal esLlmaLes puL Lhe deaLh Loll aL over 16000 A sLudy carrled ouL by a non CovernmenLal
CrganlzaLlon ln March 1983 showed LhaL beLween 30 70 of Lhe nonhosplLallsed populaLlon ln
exposed areas of 8hopal had one or more sympLoms of MlC polsonlng
Accordlng Lo an epldemlologlcal sLudy sponsored by !awaharlal nehru unlverslLy new uelhl ln CcLober
1989 70 Lo 80 of Lhe people ln Lhe severely affecLed communlLles and 40 Lo 30 ln Lhe mlldly
affecLed communlLles conLlnued Lo suffer from MlC exposure relaLed lllnesses flve years afLer Lhe
dlsasLer A house Lo house sympLom survey ln one communlLy conducLed as parL of a docLoral
dlsserLaLlon ln uelhl unlverslLy ln early 1993 showed 637 people sufferlng from resplraLory
sympLoms 684 wlLh neurologlcal problems and 49 wlLh ophLhalmlc sympLoms Among Lhe women
ln Lhe reproducLlve age 432 suffered from reproducLlve dlsorders
Dn|on Carb|de 1akes the Cffens|ve
lollowlng Lhe accldenL Lhe Col flled a compensaLlon lawsulL agalnsL Lhe uCC for an esLlmaLed uS$3
bllllon Powever uCC felL LhaL Lhe Col was Lo blame for Lhe dlsasLer ln uecember 1986 uCC flled a
counLersulL agalnsL Lhe Col and Lhe SLaLe of Madhya radesh 1he company charged Lhe governmenLs
wlLh conLrlbuLory responslblllLy for Lhe leak of polsonous gases saylng boLh governmenLs knew of Lhe
LoxlclLy of MlC buL falled Lo Lake adequaLe precauLlons Lo prevenL a dlsasLer

under Lhe Lwo secLlons llrsL SLeps AL ConLrol and ConLlngency lannlng and Lxperlence Pelp uCC
llsLed all Lhe Lhlngs LhaL lL dld lmmedlaLely followlng Lhe flrsL call lL goL abouL Lhe Lragedy 1he documenL
sald LhaL vlLal declslons were madeLhe uCC faclllLy maklng MlC ln Lhe uS was shuL down a Lask force
led by Warren Anderson was seL up and medlcal and Lechnlcal Leams were dlspaLched Lo Lhe slLe of Lhe
Lragedy wlLhln 24 hours 1he documenL also sald LhaL unlon Carblde had a conLlngency plan for
emergencles
Powever analysLs felL LhaL conLrary Lo whaL was sald ln uCCs documenL uCC dld noL have any klnd of
emergency plans ln place aL lLs lndlan subsldlary So much so LhaL when Lhe accldenL occurred and
people sLarLed pourlng lnLo Lhe hosplLals ln 8hopal complalnlng abouL Lhe varlous allmenLs Lhe hosplLal
sLaff had no ldea of whaL had happened or whaL Lo do

uCC Lrled Lo defend lLs poslLlon by saylng LhaL lL had only a 309 sLake ln uClL 1he company also sald
LhaL all Lhe employees ln Lhe company were lndlans and LhaL Lhe lasL Amerlcan employee aL Lhe slLe
had lefL Lwo years before uCC malnLalned LhaL lL dld noL have any hold over lLs lndlan afflllaLe uCC
furLher argued LhaL Lhe dayLoday worklng of uClL was lndependenL of Lhe parenL company and
Lherefore lL could noL Lo be held responslble for Lhe gas leak
Powever lnvesLlgaLlons revealed LhaL Lhls was noL really Lrue ln splLe of denlals lL appeared LhaL uCC
had subsLanLlal auLhorlLy over lLs afflllaLe Many of Lhe day Lo day deLalls such as sLafflng and
malnLenance were lefL Lo lndlan offlclals buL every ma[or declslon such as Lhe annual budgeL had Lo
be cleared wlLh Lhe parenL company
1he SeLLlemenL
WlLhln monLhs afLer Lhe dlsasLer Lhe Col lssued an ordlnance appolnLlng lLself as Lhe sole
represenLaLlve of Lhe vlcLlms for any legal deallngs wlLh uCC as regards compensaLlon 1he ordlnance
was laLer replaced by Lhe 8hopal Cas Leak (rocesslng of Clalms) AcL 1983 Armed wlLh Lhls power Lhe
Col flled lLs sulL for compensaLlon and damages agalnsL uCC ln Lhe unlLed SLaLes ulsLrlcL CourL for Lhe
SouLhern ulsLrlcL of new ?ork
8esldes flllng Lhe sulL one of lLs prlme responslblllLles was Lo reglsLer Lhe clalms of each and every gas
vlcLlm ln 8hopal AnalysLs felL LhaL Lhls [ob was never done or raLher noL wlLh any serlousness for Lhe
nexL Len years 1he governmenL seL up varlous lnqulry commlsslons Lo lnvesLlgaLe Lhe causes of Lhe
dlsasLer Lhey remalned halfhearLed lnlLlaLlves aL besL uCC on Lhe oLher hand moved more qulckly
wlLh lLs lnvesLlgaLlons lL announced by March 1983 LhaL Lhe dlsasLer was due Lo oo oct of sobotoqe by
a Slkh LerrorlsL 1hen Lhey shlfLed blame Lo a dlsgrunLled worker
ln May 1986 !udge !l keenan ruled LhaL lndla and noL Lhe uS was Lhe approprlaLe forum for Lhe
8hopal compensaLlon llLlgaLlon ln Lhe flrsL pre Lrlal hearlng ln Lhe consolldaLed 8hopal llLlgaLlon ln uS
federal courLs !ohn l keenan asked uCC as a maLLer of fundamenLal human decency Lo provlde an
lnLerlm rellef paymenL of $3 10 mllllon

uCC agreed Lo provlde $3 mllllon provlded a saLlsfacLory plan of dlsLrlbuLlon and accounLlng of Lhe
funds was devlsed lor 8 monLhs Lhe uCC and Lhe Col haggled over Lerms of reference and condlLlons
for uslng Lhe $3 mllllon lnLerlm rellef

llnally ln november 1983 Lhe parLles agreed Lo channel Lhe money Lhrough Lhe Amerlcan 8ed Cross Lo
Lhe lndlan 8ed Cross Lven afLer one year of Lhe Lragedy no onenoL even Lhe offlclal of Lhe M
CovernmenL ln charge of rellef for Lhe vlcLlmshad any ldea whaL Lhe 8ed Cross would do wlLh Lhe
money Cn uecember 17 1987 a 8hopal ulsLrlcL CourL !udge passed an order dlrecLlng uCC Lo pay 8s
33 bllllon as lnLerlm rellef
uCC challenged Lhls order ln Lhe M hlgh courL (aL !abalpur) on Lhe grounds LhaL Lhe Lrlal [udge was noL
auLhorlsed Lo pass Lhe order under any provlslons of Lhe lndlan Clvll enal Code Cn Aprll 4 !usLlce S k
SeLh of Lhe Plgh CourL upheld Lhe llablllLy of uCC for Lhe 8hopal dlsasLer buL reduced Lhe lnLerlm
compensaLlon Lo 8s 23 bllllon uCC appealed Lo Lhe Supreme CourL of lndla agalnsL Lhe Plgh CourL order
saylng no courL LhaL we know of ln lndla or elsewhere ln Lhe world has prevlously ordered lnLerlm
compensaLlon where Lhere ls no proof of damages or where llablllLy ls sLrongly conLesLed
8


Cn lebruary 14 1989 Lhe Supreme CourL dlrecLed uCC Lo pay up uS $ 470 mllllon ln full and flnal
seLLlemenL of all clalms rlghLs and llablllLles arlslng ouL of Lhe dlsasLer 1he Supreme CourL of lndla
ruled LhaL Lhe $470 mllllon seLLlemenL was [usL equlLable and reasonable uCC descrlbed Lhe courLs
declslon as falr and reasonable and Lhe companys sLock soared ln Lhe London markeL AnalysLs felL LhaL
Lhe 8hopal Cas dlsasLer whlch lefL Lhousands of people dead and ln[ured was seLLled for a mere uS $
470 mllllonwhlch worked ouL Lo around 8s 10000 per vlcLlm (lf lL was dlvlded equally)

ln Lhe same year a leadlng naLlonal dally
9
sLaLed LhaL approxlmaLely uS $ 40000 was spenL on Lhe
rehablllLaLlon of every sea oLLer affecLed by Lhe Alaska oll splll
10
Lach sea oLLer was glven raLlons of
lobsLers cosLlng uS $ 300 per day 1hus Lhe llfe of an lndlan clLlzen ln 8hopal was clearly much cheaper
Lhan LhaL of a sea oLLer ln Amerlca
ln 1991 Lhe 8hopal courL summoned Warren Anderson Lo appear on a charge of homlclde ln a crlmlnal
case Powever he dld noL Lurn up Cn SepLember 9 1993 uCC sold lLs enLlre 309 sLake ln uClL Lo Lhe
CalcuLLa based Mc Leod 8ussell lndla LLd a company of Lhe 8 M khalLan Croup
1lll 2000 aLLempLs Lo serve a summon on Warren Anderson by vlcLlms organlzaLlons ln Lhe lederal
CourL on SouLhern dlsLrlcL of new ?ork have been unsuccessful kenneLh McCalllon who was Lhe lawyer
for some of Lhe vlcLlms and Lhelr famlly members sald a prlvaLe lnvesLlgaLor also hlred Lo dellver Lhe
summons aL Andersons resldences ln vero 8each llorlda and ManhaLLan and Long lsland ln new ?ork
was unable Lo locaLe hlm Asked lf he belleved Warren Anderson had gone lnLo hldlng Lo avold Lhe
summons McCalllon sald We are [usL surprlsed we have been unable Lo flnd hlm a former CLC of a
ma[or corporaLlon
Pe observed And Lhere ls also a legal process whlch has been lssued by Lhe courLs ln lndla for hlm Lo
appear ln 8hopal dlsLrlcL courL Lo answer crlmlnal charges and Lhose aLLempLs Lo serve hlm have been
unsuccessful as well ln 2001 ln Lhelr book lL was flve pasL mldnlghL ln 8hopal uomlnlque Laplerre and
!avler Moro wroLe LhaL brlnglng uCC Lo [usLlce was unllkely because uCC had been sold ouL ln AugusL
1999 uow Chemlcal purchased uCC for uS$ 93 bllllon

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