Bhopal, New Delhi: If cleaning up the still toxic site at Bhopal is a priority for the government, tackling the question of liability is an altogether different proposition. Existing laws in the country are too weak to effectively take on big polluting corporations. The end result, in instances, polluting companies can still get away by paying a fine of as little as Rs 25,000.
"That night at 9:15 pm, I told the supervisor that gas was leaking but he asked me to go home. At 12.20 am the gas leaked all over the city. They knew about it before but didn't do anything," said Majboot Singh, plant worker.
For nearly three decades, survivors like Majboot Singh, a former plant worker, who has lost his sight, have fought for justice. But when the verdict came, he, along with thousands living in the colonies that still stand next to the plant, was disappointed and enraged.
So, are those like Chauhan, who painstakingly gathered evidence against UCIL?
"There were many people involved at that time. It isn't only about Warren Anderson who was the chairman in 1984. But the design transfer and transfer of technology to UCIL, many people were involved and not just the nine who were named in the verdict," said Chauhan.
Under pressure, the Centre is now ready to review the Bhopal case to see how best it can remedy the situation. The GoM, it is believed, will push for Dow's liability.
Despite the massive scale of this disaster, twenty five years later there is no comprehensive law on chemical industry liability. So, if something like this was to happen again, under the law, the company cannot be punished.
Neither can they be made to pay up for all the damages and the complete environmental clean-up. So far, few companies have faced criminal action after accidents. At best, they are pushed to pay compensation.
But unlike countries like the United States which makes companies pay heavily for corporate crimes, in India there is only one law, the Public Insurance Liability Act, passed in 1991, which is too weak to deal with major accidents involving hazardous substances like Bhopal.
Under this act, victims get interim relief of 25,000 rupees for the dead and 12,500 rupees to the injured. Despite the long term health and environmental impact of chemical accidents, there is no move on the part of the government to increase the compensation amount. Even though the Supreme Court in its 1991 judgment on Bhopal said that liability cannot be capped.
Instead of formulating a proper mechanism, the government has cleared an ambitious Petroleum, Chemicals and petrochemical Investment Regions policy or PCPIR which allows massive chemical hubs to be set up across the country.
In response, a group of lawyers, retired judges and other professionals have demanded that a proper liability law be put in place that will make the polluter pay suitable compensation. Because, without that, building massive chemical hubs can only be an invitation to disaster.