Anderson must be extradited screamed the headlines of most major dailies reflecting our concern with symbolism instead of reality. Thousands of people have been permanently maimed or incapacitated because of the negligence of a private company, weak law of torts, negligent regulator and successive governments that have ignored environmental legislation in search of industrial development. Anderson is but a figurehead and his extradition and subsequent incarceration will only be symbolic and will change nothing. On the contrary his extradition and trial may actually put back Government action on industrial pollution control since the immediate problem would have been solved.
Governments culpability in the Bhopal disaster is of the same magnitude as that of the Head of Union Carbide India at that time. We must have a mechanism to ensure that exemplary punishment is given to the Government Officials who were charged with the duty of ensuring that our factories operate safely. They should share the same cell that we build for Anderson.
Capping of nuclear liability falls in the same category. The question the Government has to answer is whether nuclear technology suppliers could claim a capping of liability if they were to set up a plant in the US. If the secondary infrastructure in India is inadequate in comparison to the US and consequently risks to Nuclear plants are higher then the Government is much better off creating that secondary infrastructure and ensuring that plants are safe. In a competitive business environment any capping of liabilities could result in reduction of safety measures to meet price points in international tenders. Post Dhabol we can have no faith in our Government being able to negotiate a project in the best interests of the country.
Friday, June 25, 2010
Monday, June 21, 2010
Bhopal - A tragedy of the Indian state
The Bhopal gas tragedy has everyone frothing at the mouth. News channels have talking heads decrying the current Government for having sold out to US business interests. Newspapers have been carrying front page stories and editorials about the culpability of Governments past. If past experience is anything to go by then the heat will die down in a few days and our eyeballs will be captured by new events. The Bhopal saga is symptomatic of the failure of the Indian state. The criminal is within, Anderson is but small fry, finding him and prosecuting him successfully may be palliative but the deeper malady will linger on. Bhopal symbolizes the withering of the Indian state.
Laws and their implementation are designed to protect and further the interests of the citizens of a country. Pollution control and plant safety is just one of the many laws that we have which is more breached than upheld. The pollution control process successfully adopted by many companies is to pay off the departmental officials charged with the task of ensuring a pollution free environment. The damage that has been done to our rivers, ground water and the sea near our industrial hubs bear mute testimony to the cynical disregard of human life, particularly where the poor are concerned.
It is not that other countries are more socially aware. In most countries laws covering environment and safety have evolved against stiff resistance from industry. It is only when the balance of political power moves from a narrow base to a broader one that the interests of a wider population are considered more important than the profits of a handful of shareholders. The tragedy of Bhopal was waiting to happen and it is only incidental that Union carbide was involved. While it does not absolve the company the larger responsibility lies with the state. The same state that handled the MNC and its officials with kid gloves when the full force of the law should have been applied to ensure compensation for its victims and prevention of siumilar events in future.
The beast is within and it is called callousness, corruption and incompetence. In a dramatic way the executive, the judiciary and the legislature have failed the common man. The legislature did not provide a strong set of laws, the executive continues to preside over the violation of whatever feeble laws exist and the judicial system takes an inordinately long time to deliver justice if at all.
Laws and their implementation are designed to protect and further the interests of the citizens of a country. Pollution control and plant safety is just one of the many laws that we have which is more breached than upheld. The pollution control process successfully adopted by many companies is to pay off the departmental officials charged with the task of ensuring a pollution free environment. The damage that has been done to our rivers, ground water and the sea near our industrial hubs bear mute testimony to the cynical disregard of human life, particularly where the poor are concerned.
It is not that other countries are more socially aware. In most countries laws covering environment and safety have evolved against stiff resistance from industry. It is only when the balance of political power moves from a narrow base to a broader one that the interests of a wider population are considered more important than the profits of a handful of shareholders. The tragedy of Bhopal was waiting to happen and it is only incidental that Union carbide was involved. While it does not absolve the company the larger responsibility lies with the state. The same state that handled the MNC and its officials with kid gloves when the full force of the law should have been applied to ensure compensation for its victims and prevention of siumilar events in future.
The beast is within and it is called callousness, corruption and incompetence. In a dramatic way the executive, the judiciary and the legislature have failed the common man. The legislature did not provide a strong set of laws, the executive continues to preside over the violation of whatever feeble laws exist and the judicial system takes an inordinately long time to deliver justice if at all.
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