1147 lines
60 KiB
Markdown
1147 lines
60 KiB
Markdown
The **Bhopal Disaster** or **Bhopal Gas Tragedy** was an [industrial
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disaster](List_of_Disasters "wikilink") in India in 1984, considered the
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worst in human history, with at least 3,600 people killed (although some
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estimates go up to 16,000 deaths) and 558,125 injuries. It occured at a
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pesticide factory owned by the Union Carbide corporation.
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## Background
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Built in 1969, the factory was designed to produce pesticide. In 1976,
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trade unions began complaining about pollution and workers safet
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### Earlier leaks
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In 1976, two local trade unions complained of pollution within the
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plant.<sup>\[6\]\[14\]</sup> In 1981, a worker was accidentally splashed
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with phosgene as he was carrying out a maintenance job of the plant's
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pipes. In a panic, he removed his gas mask and inhaled a large amount of
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toxic phosgene gas, leading to his demise 72 hours
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later.<sup>\[6\]\[14\]</sup> Following these events, journalist Rajkumar
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Keswani began investigating and published his findings in Bhopal's local
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paper *Rapat,* in which he urged "Wake up people of Bhopal, you are on
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the edge of a volcano".<sup>\[15\]\[16\]</sup>
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In January 1982, a phosgene leak exposed 24 workers, all of whom were
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admitted to a hospital. None of the workers had been ordered to wear
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protective equipment. One month later, in February 1982, a MIC leak
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affected 18 workers. In August 1982, a chemical engineer came into
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contact with liquid MIC, resulting in burns over 30 percent of his body.
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Later that same year, in October 1982, there was another MIC leak. In
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attempting to stop the leak, the MIC supervisor suffered severe chemical
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burns and two other workers were severely exposed to the gases. During
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1983 and 1984, there were leaks of MIC, chlorine, monomethylamine,
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phosgene, and carbon tetrachloride, sometimes in
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combination.<sup>\[6\]\[14\]</sup>
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## Leakage and its effects
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### Liquid MIC storage
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The Bhopal UCIL facility housed three underground 68,000-litre liquid
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MIC storage tanks: E610, E611, and E619. In the months leading up to the
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December leak, liquid MIC production was in progress and being used to
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fill these tanks. UCC safety regulations specified that no one tank
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should be filled more than 50% (here, 30 tons) with liquid MIC. Each
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tank was pressurized with inert nitrogen gas. This pressurization
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allowed liquid MIC to be pumped out of each tank as needed, and also
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kept impurities out of the tanks.<sup>\[17\]</sup>
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In late October 1984, tank E610 lost the ability to effectively contain
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most of its nitrogen gas pressure, which meant that the liquid MIC
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contained within could not be pumped out. At the time of this failure,
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tank E610 contained 42 tons of liquid MIC.<sup>\[17\]\[18\]</sup>
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Shortly after this failure, MIC production was halted at the Bhopal
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facility, and parts of the plant were shut down for maintenance.
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Maintenance included the shutdown of the plant's flare tower so that a
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corroded pipe could be repaired.<sup>\[17\]</sup> With the flare tower
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still out of service, production of carbaryl was resumed in late
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November, using MIC stored in the two tanks still in service. An attempt
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to re-establish pressure in tank E610 on 1 December failed, so the 42
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tons of liquid MIC contained within still could not be pumped out of
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it.<sup>\[18\]</sup>
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### The release
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Tank 610 in 2010. During decontamination of the plant, tank 610 was
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removed from its foundation and left aside.
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Methylamine (**1**) reacts with phosgene (**2**) producing methyl
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isocyanate (**3**) which reacts with 1-naphthol (**4**) to yield
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carbaryl (**5**).
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By early December 1984, most of the plant's MIC related safety systems
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were malfunctioning and many valves and lines were in poor condition. In
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addition, several vent gas scrubbers had been out of service as well as
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the steam boiler, intended to clean the pipes.<sup>\[6\]</sup> During
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the late evening hours of 2 December 1984, water was believed to have
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entered a side pipe and into Tank E610 whilst trying to unclog it, which
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contained 42 tons of MIC that had been there since late
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October.<sup>\[6\]</sup> The introduction of water into the tank
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subsequently resulted in a runaway exothermic reaction, which was
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accelerated by contaminants, high ambient temperatures and various other
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factors, such as the presence of iron from corroding non-stainless steel
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pipelines.<sup>\[6\]</sup> The pressure in tank E610, although initially
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nominal at 2 psi at 10:30 p.m., it had reached 10 psi by 11 p.m. Two
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different senior refinery employees assumed the reading was
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instrumentation malfunction.<sup>\[19\]</sup> By 11:30 p.m., workers in
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the MIC area were feeling the effects of minor exposure to MIC gas, and
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began to look for a leak. One was found by 11:45 p.m., and reported to
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the MIC supervisor on duty at the time. The decision was made to address
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the problem after a 12:15 a.m. tea break, and in the meantime, employees
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were instructed to continue looking for leaks. The incident was
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discussed by MIC area employees during the break.<sup>\[19\]</sup>
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In the five minutes after the tea break ended at 12:40 a.m., the
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reaction in tank E610 reached a critical state at an alarming speed.
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Temperatures in the tank were off the scale, maxed out beyond 25 °C
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(77 °F), and the pressure in the tank was indicated at 40 psi
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(275.8 kPa). One employee witnessed a concrete slab above tank E610
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crack as the emergency relief valve burst open, and pressure in the tank
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continued to increase to 55 psi (379.2 kPa); this despite the fact that
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atmospheric venting of toxic MIC gas had already begun.<sup>\[19\]</sup>
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Direct atmospheric venting should have been prevented or at least
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partially mitigated by at least three safety devices which were
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malfunctioning, not in use, insufficiently sized or otherwise rendered
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inoperable:<sup>\[20\]\[21\]</sup>
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- A refrigeration system meant to cool tanks containing liquid
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MIC, shut down in January 1982, and whose freon had been removed in June
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1984. Since the MIC storage system assumed refrigeration, its high
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temperature alarm, set to sound at 11 °C (52 °F) had long since been
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disconnected, and tank storage temperatures ranged between 15 °C (59 °F)
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and 40 °C (104 °F)<sup>\[22\]</sup>
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- A flare tower, to burn the MIC gas as it escaped, which had had a
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connecting pipe removed for maintenance, and was improperly sized to
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neutralise a leak of the size produced by tank E610
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- A vent gas scrubber, which had been deactivated at the time and was
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in 'standby' mode, and similarly had insufficient caustic soda and
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power to safely stop a leak of the magnitude produced
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About 30 tonnes of MIC escaped from the tank into the atmosphere in 45
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to 60 minutes.<sup>\[3\]</sup> This would increase to 40 tonnes within
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two hours.<sup>\[23\]</sup> The gases were blown in a southeasterly
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direction over Bhopal.<sup>\[6\]\[24\]</sup>
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A UCIL employee triggered the plant's alarm system at 12:50 a.m. as the
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concentration of gas in and around the plant became difficult to
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tolerate.<sup>\[19\]\[23\]</sup> Activation of the system triggered two
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siren alarms: one that sounded inside the UCIL plant itself, and a
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second directed to the exterior, which would alert the public and the
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city of Bhopal. The two siren systems had been decoupled from one
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another in 1982, so that it was possible to leave the factory warning
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siren on while turning off the public one, and this is exactly what was
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done: the public siren briefly sounded at 12:50 a.m. and was quickly
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turned off, as per company procedure meant to avoid alarming the public
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around the factory over tiny leaks.<sup>\[23\]\[25\]\[26\]</sup>
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Workers, meanwhile, evacuated the UCIL plant, travelling upwind.
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Bhopal's superintendent of police was informed by telephone, by a town
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inspector, that residents of the neighbourhood of Chola (about 2 km from
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the plant) were fleeing a gas leak at approximately 1
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a.m.<sup>\[25\]</sup> Calls to the UCIL plant by police between 1:25 and
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2:10 a.m. gave assurances twice that "everything is OK", and on the last
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attempt made, "we don't know what has happened, sir".<sup>\[25\]</sup>
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With the lack of timely information exchange between UCIL and Bhopal
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authorities, the city's Hamidia Hospital was first told that the gas
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leak was suspected to be ammonia, then phosgene. Finally, they received
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an updated report that it was "MIC" (rather than "methyl isocyanate"),
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of which hospital staff had never heard of and had no antidote for, nor
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did they receive any immediate information about it.<sup>\[27\]</sup>
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The MIC gas leak emanating from tank E610 petered out at approximately
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2:00 a.m. Fifteen minutes later, the plant's public siren was sounded
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for an extended period of time, after first having been quickly silenced
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an hour and a half earlier.<sup>\[28\]</sup> Some minutes after the
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public siren sounded, a UCIL employee walked to a police control room to
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both inform them of the leak (their first acknowledgement that one had
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occurred at all), and that "the leak had been plugged."<sup>\[28\]</sup>
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Most city residents who were exposed to the MIC gas were first made
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aware of the leak by exposure to the gas itself, or by opening their
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doors to investigate commotion, rather than having been instructed to
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shelter in place, or to evacuate before the arrival of the gas in the
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first place.<sup>\[26\]</sup>
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### Acute effects
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Reversible reaction of glutathione (top) with methyl isocyanate (MIC,
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middle) allows the MIC to be transported into the body.
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The initial effects of exposure were coughing, severe eye irritation and
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a feeling of suffocation, burning in the respiratory tract,
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blepharospasm, breathlessness, stomach pains and vomiting. People
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awakened by these symptoms fled away from the plant. Those who ran
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inhaled more than those who had a vehicle to ride. Owing to their
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height, children and other residents of shorter stature inhaled higher
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concentrations, as methyl isocyanate gas is approximately twice as dense
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as air and, therefore, in an open environment has a tendency to fall
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toward the ground.<sup>\[29\]</sup>
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Thousands of people had died by the following morning. Primary causes of
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deaths were choking, reflexogenic circulatory collapse and pulmonary
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oedema. Findings during autopsies revealed changes not only in the lungs
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but also cerebral oedema, tubular necrosis of the kidneys, fatty
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degeneration of the liver and necrotising enteritis.<sup>\[30\]</sup>
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The stillbirth rate increased by up to 300% and neonatal mortality rate
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by around 200%.<sup>\[6\]</sup>
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### Gas cloud composition
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Apart from MIC, based on laboratory simulation conditions, the gas cloud
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most likely also contained chloroform, dichloromethane, hydrogen
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chloride, methylamine, dimethylamine, trimethylamine and carbon dioxide,
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that was either present in the tank or was produced in the storage tank
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when MIC, chloroform and water reacted. The gas cloud, composed mainly
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of materials denser than air, stayed close to the ground and spread in
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the southeasterly direction affecting the nearby
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communities.<sup>\[29\]</sup> The chemical reactions may have produced a
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liquid or solid aerosol.<sup>\[31\]</sup> Laboratory investigations by
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CSIR and UCC scientists failed to demonstrate the presence of hydrogen
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cyanide.<sup>\[29\]\[32\]</sup>
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#### Immediate aftermath
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In the immediate aftermath, the plant was closed to outsiders (including
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UCC) by the Indian government, which subsequently failed to make data
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public, contributing to the confusion. The initial investigation was
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conducted entirely by the Council of Scientific and Industrial Research
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(CSIR) and the Central Bureau of Investigation. The UCC chairman and CEO
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Warren Anderson, together with a technical team, immediately travelled
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to India. Upon arrival Anderson was placed under house arrest and urged
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by the Indian government to leave the country within 24 hours. Union
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Carbide organized a team of international medical experts, as well as
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supplies and equipment, to work with the local Bhopal medical community,
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and the UCC technical team began assessing the cause of the gas leak.
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The health care system immediately became overloaded. In the severely
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affected areas, nearly 70 percent were under-qualified doctors. Medical
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staff were unprepared for the thousands of casualties. Doctors and
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hospitals were not aware of proper treatment methods for MIC gas
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inhalation.<sup>\[6\]:6</sup>
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There were mass funerals and cremations. Photographer Pablo Bartholemew,
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on commission with press agency Rapho, took an iconic color photograph
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of a burial on 4 December, *Bhopal gas disaster girl.* Another
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photographer present, Raghu Rai, took a black and white photo. The
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photographers did not ask for the identity of the father or child as she
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was buried, and no relative has since confirmed it. As such, the
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identity of the girl remains unknown. Both photos became symbolic of the
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suffering of victims of the Bhopal disaster, and Bartholomew's went on
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to win the 1984 World Press Photo of the Year.<sup>\[33\]</sup>
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Within a few days, trees in the vicinity became barren and bloated
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animal carcasses had to be disposed of. 170,000 people were treated at
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hospitals and temporary dispensaries, and 2,000 buffalo, goats, and
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other animals were collected and buried. Supplies, including food,
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became scarce owing to suppliers' safety fears. Fishing was prohibited
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causing further supply shortages.<sup>\[6\]</sup>
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Lacking any safe alternative, on 16 December, tanks 611 and 619 were
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emptied of the remaining MIC by reactivating the plant and continuing
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the manufacture of pesticide. Despite safety precautions such as having
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water-carrying helicopters continually overflying the plant, this led to
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a second mass evacuation from Bhopal. The Government of India passed the
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"Bhopal Gas Leak Disaster Act" that gave the government rights to
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represent all victims, whether or not in India. Complaints of lack of
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information or misinformation were widespread. An Indian government
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spokesman said, "Carbide is more interested in getting information from
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us than in helping our relief work".<sup>\[6\]</sup>
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Formal statements were issued that air, water, vegetation and foodstuffs
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were safe, but warned not to consume fish. The number of children
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exposed to the gases was at least 200,000.<sup>\[6\]</sup> Within weeks,
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the State Government established a number of hospitals, clinics and
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mobile units in the gas-affected area to treat the victims.
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### Subsequent legal action
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Victims of Bhopal disaster march in September 2006 demanding the
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extradition of American Warren Anderson from the United States.
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Legal proceedings involving UCC, the United States and Indian
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governments, local Bhopal authorities, and the disaster victims started
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immediately after the catastrophe. The Indian Government passed the
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Bhopal Gas Leak Act in March 1985, allowing the Government of India to
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act as the legal representative for victims of the
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disaster,<sup>\[34\]</sup> leading to the beginning of legal
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proceedings. Initial lawsuits were generated in the United States
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federal court system. On 17 April 1985, Federal District court judge
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John F. Keenan (overseeing one lawsuit) suggested that "'fundamental
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human decency' required Union Carbide to provide between $5 million and
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$10 million to immediately help the injured" and suggested the money
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could be quickly distributed through the International Red
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Cross.<sup>\[35\]</sup> UCC, on the notion that doing so did not
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constitute an admission of liability and the figure could be credited
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toward any future settlement or judgement, offered a $5 million relief
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fund two days later.<sup>\[35\]</sup> The Indian government turned down
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the offer.<sup>\[29\]</sup>
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In March 1986 UCC proposed a settlement figure, endorsed by plaintiffs'
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U.S. attorneys, of $350 million that would, according to the company,
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"generate a fund for Bhopal victims of between $500–600 million over 20
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years". In May, litigation was transferred from the United States to
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Indian courts by a U.S. District Court ruling. Following an appeal of
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this decision, the U.S. Court of Appeals affirmed the transfer, judging,
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in January 1987, that UCIL was a "separate entity, owned, managed and
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operated exclusively by Indian citizens in India".<sup>\[34\]</sup>
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The Government of India refused the offer from Union Carbide and claimed
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US$3.3 billion.<sup>\[6\]</sup> The Indian Supreme Court told both sides
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to come to an agreement and "start with a clean slate" in November
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1988.<sup>\[34\]</sup> Eventually, in an out-of-court settlement reached
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in February 1989, Union Carbide agreed to pay US$470 million for damages
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caused in the Bhopal disaster.<sup>\[6\]</sup> The amount was
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immediately paid.
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Throughout 1990, the Indian Supreme Court heard appeals against the
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settlement. In October 1991, the Supreme Court upheld the original $470
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million, dismissing any other outstanding petitions that challenged the
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original decision. The Court ordered the Indian government "to purchase,
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out of settlement fund, a group medical insurance policy to cover
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100,000 persons who may later develop symptoms" and cover any shortfall
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in the settlement fund. It also requested UCC and its subsidiary UCIL
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"voluntarily" fund a hospital in Bhopal, at an estimated $17 million, to
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specifically treat victims of the Bhopal disaster. The company agreed to
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this.<sup>\[34\]</sup>
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### Post-settlement activity
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In 1991, the local Bhopal authorities charged Anderson, who had retired
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in 1986, with manslaughter, a crime that carries a maximum penalty of 10
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years in prison. He was declared a fugitive from justice by the Chief
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Judicial Magistrate of Bhopal on 1 February 1992 for failing to appear
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at the court hearings in a culpable homicide case in which he was named
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the chief defendant. Orders were passed to the Government of India to
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press for an extradition from the United States. The U.S. Supreme Court
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refused to hear an appeal of the decision of the lower federal courts in
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October 1993, meaning that victims of the Bhopal disaster could not seek
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damages in a U.S. court.<sup>\[34\]</sup>
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In 2004, the Indian Supreme Court ordered the Indian government to
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release any remaining settlement funds to victims. And in September
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2006, the Welfare Commission for Bhopal Gas Victims announced that all
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original compensation claims and revised petitions had been
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"cleared".<sup>\[34\]</sup> The Second Circuit Court of Appeals in New
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York City upheld the dismissal of remaining claims in the case of *Bano
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v. Union Carbide Corporation* in 2006. This move blocked plaintiffs'
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motions for class certification and claims for property damages and
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remediation. In the view of UCC, "the ruling reaffirms UCC's long-held
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positions and finally puts to rest—both procedurally and
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substantively—the issues raised in the class action complaint first
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filed against Union Carbide in 1999 by Haseena Bi and several
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organisations representing the residents of Bhopal".<sup>\[34\]</sup>
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In June 2010, seven former employees of UCIL, all Indian nationals and
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many in their 70s, were convicted of causing death by negligence: Keshub
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Mahindra, former non-executive chairman of Union Carbide India Limited;
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V. P. Gokhale, managing director; Kishore Kamdar, vice-president; J.
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Mukund, works manager; S. P. Chowdhury, production manager; K. V.
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Shetty, plant superintendent; and S. I. Qureshi, production assistant.
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They were each sentenced to two years’ imprisonment and fined ₹100,000
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(equivalent to ₹180,000 or US$2,500 in 2019). All were released on bail
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shortly after the verdict.
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US federal class action litigation, *Sahu v. Union Carbide and Warren
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Anderson*, was filed in 1999 under the U.S. Alien Torts Claims Act
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(ATCA), which provides for civil remedies for "crimes against
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humanity."<sup>\[36\]</sup> It sought damages for personal injury,
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medical monitoring and injunctive relief in the form of clean-up of the
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drinking water supplies for residential areas near the Bhopal plant. The
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lawsuit was dismissed in 2012 and the subsequent appeal was
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denied.<sup>\[37\]</sup> Former UCC CEO Anderson, then 92 years old,
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died on 29 September 2014.<sup>\[38\]</sup>
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## Long-term effects
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In 2018, *The Atlantic* called it the "world’s worst industrial
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disaster."<sup>\[1\]</sup>
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### Long-term health effects
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Some data about the health effects are still not available. The Indian
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Council of Medical Research (ICMR) was forbidden to publish health
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effect data until 1994.<sup>\[6\]</sup>
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A total of 36 wards were marked by the authorities as being "gas
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affected," affecting a population of 520,000. Of these, 200,000 were
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below 15 years of age, and 3,000 were pregnant women. The official
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immediate death toll was 2,259, and in 1991, 3,928 deaths had been
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officially certified. Ingrid Eckerman estimated 8,000 died within two
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weeks.<sup>\[6\]\[39\]</sup>
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The government of Madhya Pradesh confirmed a total of 3,787 deaths
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related to the gas release.<sup>\[4\]</sup>
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Later, the affected area was expanded to include 700,000 citizens. A
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government affidavit in 2006 stated the leak caused 558,125 injuries
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including 38,478 temporary partial injuries and approximately 3,900
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severely and permanently disabling injuries.<sup>\[5\]</sup>
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A cohort of 80,021 exposed people was registered, along with a control
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group, a cohort of 15,931 people from areas not exposed to MIC. Nearly
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every year since 1986, they have answered the same questionnaire. It
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shows overmortality and overmorbidity in the exposed group. Bias and
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confounding factors cannot be excluded from the study. Because of
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migration and other factors, 75% of the cohort is lost, as the ones who
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moved out are not followed.<sup>\[6\]\[40\]</sup>
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A number of clinical studies are performed. The quality varies, but the
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different reports support each other.<sup>\[6\]</sup> Studied and
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reported long term health effects are:
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- Eyes: Chronic conjunctivitis, scars on cornea, corneal opacities,
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early cataracts
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- Respiratory tracts: Obstructive and/or restrictive disease,
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pulmonary fibrosis, aggravation of TB and chronic bronchitis
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- Neurological system: Impairment of memory, finer motor skills,
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numbness etc.
|
||
- Psychological problems: Post traumatic stress disorder (PTSD)
|
||
- Children's health: Peri- and neonatal death rates increased. Failure
|
||
to grow, intellectual impairment, etc.
|
||
|
||
Missing or insufficient fields for research are female reproduction,
|
||
chromosomal aberrations, cancer, immune deficiency, neurological
|
||
sequelae, post traumatic stress disorder (PTSD) and children born after
|
||
the disaster. Late cases that might never be highlighted are respiratory
|
||
insufficiency, cardiac insufficiency (cor pulmonale), cancer and
|
||
tuberculosis. Bhopal now has high rates of birth defects and records a
|
||
miscarriage rate 7x higher than the national average.<sup>\[16\]</sup>
|
||
|
||
A 2014 report in *Mother Jones* quotes a "spokesperson for the Bhopal
|
||
Medical Appeal, which runs free health clinics for survivors" as saying
|
||
"An estimated 120,000 to 150,000 survivors still struggle with serious
|
||
medical conditions including nerve damage, growth problems,
|
||
gynecological disorders, respiratory issues, birth defects, and elevated
|
||
rates of cancer and tuberculosis."<sup>\[41\]</sup>
|
||
|
||
### Health care
|
||
|
||
The Government of India had focused primarily on increasing the
|
||
hospital-based services for gas victims thus hospitals had been built
|
||
after the disaster. When UCC wanted to sell its shares in UCIL, it was
|
||
directed by the Supreme Court to finance a 500-bed hospital for the
|
||
medical care of the survivors. Thus, Bhopal Memorial Hospital and
|
||
Research Centre (BMHRC) was inaugurated in 1998 and was obliged to give
|
||
free care for survivors for eight years. BMHRC was a 350-bedded super
|
||
speciality hospital where heart surgery and hemodialysis were done.
|
||
There was a dearth of gynaecology, obstetrics and paediatrics. Eight
|
||
mini-units (outreach health centres) were started and free health care
|
||
for gas victims were to be offered until 2006.<sup>\[6\]</sup> The
|
||
management had also faced problems with strikes, and the quality of the
|
||
health care being disputed.<sup>\[42\]\[43\]</sup> Sambhavna Trust is a
|
||
charitable trust, registered in 1995, that gives modern as well as
|
||
ayurvedic treatments to gas victims, free of
|
||
charge.<sup>\[6\]\[44\]</sup>
|
||
|
||
### Environmental rehabilitation
|
||
|
||
When the factory was closed in 1986, pipes, drums and tanks were sold.
|
||
The MIC and the Sevin plants are still there, as are storages of
|
||
different residues. Isolation material is falling down and
|
||
spreading.<sup>\[6\]</sup> The area around the plant was used as a
|
||
dumping area for hazardous chemicals. In 1982 tubewells in the vicinity
|
||
of the UCIL factory had to be abandoned and tests in 1989 performed by
|
||
UCC's laboratory revealed that soil and water samples collected from
|
||
near the factory and inside the plant were toxic to
|
||
fish.<sup>\[45\]</sup> Several other studies had also shown polluted
|
||
soil and groundwater in the area. Reported polluting compounds include
|
||
1-naphthol, naphthalene, Sevin, tarry residue, mercury, toxic
|
||
organochlorines, volatile organochlorine compounds, chromium, copper,
|
||
nickel, lead, hexachloroethane, hexachlorobutadiene, and the pesticide
|
||
HCH.<sup>\[6\]</sup>
|
||
|
||
In order to provide safe drinking water to the population around the
|
||
UCIL factory, Government of Madhya Pradesh presented a scheme for
|
||
improvement of water supply.<sup>\[46\]</sup> In December 2008, the
|
||
Madhya Pradesh High Court decided that the toxic waste should be
|
||
incinerated at Ankleshwar in Gujarat, which was met by protests from
|
||
activists all over India.<sup>\[47\]</sup> On 8 June 2012, the Centre
|
||
for incineration of toxic Bhopal waste agreed to pay ₹250 million
|
||
(US$3.5 million) to dispose of UCIL chemical plants waste in
|
||
Germany.<sup>\[48\]</sup> On 9 August 2012, Supreme court directed the
|
||
Union and Madhya Pradesh Governments to take immediate steps for
|
||
disposal of toxic waste lying around and inside the factory within six
|
||
months.<sup>\[49\]</sup>
|
||
|
||
A U.S. court rejected the lawsuit blaming UCC for causing soil and water
|
||
pollution around the site of the plant and ruled that responsibility for
|
||
remedial measures or related claims rested with the State Government and
|
||
not with UCC.<sup>\[50\]</sup> In 2005, the state government invited
|
||
various Indian architects to enter their "concept for development of a
|
||
memorial complex for Bhopal gas tragedy victims at the site of Union
|
||
Carbide". In 2011, a conference was held on the site, with participants
|
||
from European universities which was aimed for the
|
||
same.<sup>\[51\]\[52\]</sup>
|
||
|
||
### Occupational and habitation rehabilitation
|
||
|
||
33 of the 50 planned work-sheds for gas victims started. All except one
|
||
was closed down by 1992. 1986, the MP government invested in the Special
|
||
Industrial Area Bhopal. 152 of the planned 200 work sheds were built and
|
||
in 2000, 16 were partially functioning. It was estimated that 50,000
|
||
persons need alternative jobs, and that less than 100 gas victims had
|
||
found regular employment under the government's scheme. The government
|
||
also planned 2,486 flats in two- and four-story buildings in what is
|
||
called the "widow's colony" outside Bhopal. The water did not reach the
|
||
upper floors and it was not possible to keep cattle which were their
|
||
primary occupation. Infrastructure like buses, schools, etc. were
|
||
missing for at least a decade.<sup>\[6\]</sup>
|
||
|
||
### Economic rehabilitation
|
||
|
||
Immediate relieves were decided two days after the tragedy. Relief
|
||
measures commenced in 1985 when food was distributed for a short period
|
||
along with ration cards.<sup>\[6\]</sup> Madhya Pradesh government's
|
||
finance department allocated ₹874 million (US$12 million) for victim
|
||
relief in July 1985.<sup>\[53\]\[54\]</sup> Widow pension of ₹200
|
||
(US$2.80)/per month (later ₹750 (US$11)) were provided. The government
|
||
also decided to pay ₹1,500 (US$21) to families with monthly income ₹500
|
||
(US$7.00) or less. As a result of the interim relief, more children were
|
||
able to attend school, more money was spent on treatment and food, and
|
||
housing also eventually improved. From 1990 interim relief of ₹200
|
||
(US$2.80) was paid to everyone in the family who was born before the
|
||
disaster.<sup>\[6\]</sup>
|
||
|
||
The final compensation, including interim relief for personal injury was
|
||
for the majority ₹25,000 (US$350). For death claim, the average sum paid
|
||
out was ₹62,000 (US$870). Each claimant were to be categorised by a
|
||
doctor. In court, the claimants were expected to prove "beyond
|
||
reasonable doubt" that death or injury in each case was attributable to
|
||
exposure. In 1992, 44 percent of the claimants still had to be medically
|
||
examined.<sup>\[6\]</sup>
|
||
|
||
By the end of October 2003, according to the Bhopal Gas Tragedy Relief
|
||
and Rehabilitation Department, compensation had been awarded to 554,895
|
||
people for injuries received and 15,310 survivors of those killed. The
|
||
average amount to families of the dead was $2,200.<sup>\[55\]</sup>
|
||
|
||
In 2007, 1,029,517 cases were registered and decided. Number of awarded
|
||
cases were 574,304 and number of rejected cases 455,213. Total
|
||
compensation awarded was ₹15,465 million
|
||
(US$220 million).<sup>\[46\]</sup> On 24 June 2010, the Union Cabinet
|
||
of the Government of India approved a ₹12,650 million (US$180 million)
|
||
aid package which would be funded by Indian taxpayers through the
|
||
government.<sup>\[56\]</sup>
|
||
|
||
### Other impacts
|
||
|
||
In 1985, Henry Waxman, a California Democrat, called for a U.S.
|
||
government inquiry into the Bhopal disaster, which resulted in U.S.
|
||
legislation regarding the accidental release of toxic chemicals in the
|
||
United States.<sup>\[57\]</sup>
|
||
|
||
## Causes
|
||
|
||
There are two main lines of argument involving the disaster. The
|
||
"Corporate Negligence" point of view argues that the disaster was caused
|
||
by a potent combination of under-maintained and decaying facilities, a
|
||
weak attitude towards safety, and an undertrained workforce, culminating
|
||
in worker actions that inadvertently enabled water to penetrate the MIC
|
||
tanks in the absence of properly working
|
||
safeguards.<sup>\[6\]\[39\]</sup>
|
||
|
||
The "Worker Sabotage" point of view argues that it was not physically
|
||
possible for the water to enter the tank without concerted human effort,
|
||
and that extensive testimony and engineering analysis leads to a
|
||
conclusion that water entered the tank when a rogue individual employee
|
||
hooked a water hose directly to an empty valve on the side of the tank.
|
||
This point of view further argues that the Indian government took
|
||
extensive actions to hide this possibility in order to attach blame to
|
||
UCC.<sup>\[58\]</sup>
|
||
|
||
Theories differ as to how the water entered the tank. At the time,
|
||
workers were cleaning out a clogged pipe with water about 400 feet from
|
||
the tank. They claimed that they were not told to isolate the tank with
|
||
a pipe slip-blind plate. The operators assumed that owing to bad
|
||
maintenance and leaking valves, it was possible for the water to leak
|
||
into the tank.<sup>\[6\]\[59\]</sup>
|
||
|
||
This water entry route could not be reproduced despite strenuous efforts
|
||
by motivated parties.<sup>\[60\]</sup> UCC claims that a "disgruntled
|
||
worker" deliberately connecting a hose to a pressure gauge connection
|
||
was the real cause.<sup>\[6\]\[58\]</sup>
|
||
|
||
Early the next morning, a UCIL manager asked the instrument engineer to
|
||
replace the gauge. UCIL's investigation team found no evidence of the
|
||
necessary connection; the investigation was totally controlled by the
|
||
government, denying UCC investigators access to the tank or interviews
|
||
with the operators.<sup>\[58\]\[61\]</sup>
|
||
|
||
### Corporate negligence
|
||
|
||
This point of view argues that management (and to some extent, local
|
||
government) underinvested in safety, which allowed for a dangerous
|
||
working environment to develop. Factors cited include the filling of the
|
||
MIC tanks beyond recommended levels, poor maintenance after the plant
|
||
ceased MIC production at the end of 1984, allowing several safety
|
||
systems to be inoperable due to poor maintenance, and switching off
|
||
safety systems to save money— including the MIC tank refrigeration
|
||
system which could have mitigated the disaster severity, and
|
||
non-existent catastrophe management plans.<sup>\[6\]\[39\]</sup> Other
|
||
factors identified by government inquiries included undersized safety
|
||
devices and the dependence on manual operations.<sup>\[6\]</sup>
|
||
Specific plant management deficiencies that were identified include the
|
||
lack of skilled operators, reduction of safety management, insufficient
|
||
maintenance, and inadequate emergency action
|
||
plans.<sup>\[6\]\[14\]</sup>
|
||
|
||
#### Underinvestment
|
||
|
||
Underinvestment is cited as contributing to an environment. In attempts
|
||
to reduce expenses, $1.25 million of cuts were placed upon the plant
|
||
which affected the factory's employees and their
|
||
conditions.<sup>\[16\]</sup> Kurzman argues that "cuts ... meant less
|
||
stringent quality control and thus looser safety rules. A pipe leaked?
|
||
Don't replace it, employees said they were told ... MIC workers needed
|
||
more training? They could do with less. Promotions were halted,
|
||
seriously affecting employee morale and driving some of the most
|
||
skilled ... elsewhere".<sup>\[62\]</sup> Workers were forced to use
|
||
English manuals, even though only a few had a grasp of the
|
||
language.<sup>\[59\]\[63\]</sup>
|
||
|
||
Subsequent research highlights a gradual deterioration of safety
|
||
practices in regard to the MIC, which had become less relevant to plant
|
||
operations. By 1984, only six of the original twelve operators were
|
||
still working with MIC and the number of supervisory personnel had also
|
||
been halved. No maintenance supervisor was placed on the night shift and
|
||
instrument readings were taken every two hours, rather than the previous
|
||
and required one-hour readings.<sup>\[59\]\[62\]</sup> Workers made
|
||
complaints about the cuts through their union but were ignored. One
|
||
employee was fired after going on a 15-day hunger strike. 70% of the
|
||
plant's employees were fined before the disaster for refusing to deviate
|
||
from the proper safety regulations under pressure from the
|
||
management.<sup>\[59\]\[62\]</sup>
|
||
|
||
In addition, some observers, such as those writing in the Trade
|
||
Environmental Database (TED) Case Studies as part of the Mandala Project
|
||
from American University, have pointed to "serious communication
|
||
problems and management gaps between Union Carbide and its Indian
|
||
operation", characterised by "the parent companies \[*sic*\] hands-off
|
||
approach to its overseas operation" and "cross-cultural
|
||
barriers".<sup>\[64\]</sup>
|
||
|
||
#### Adequacy of equipment and regulations
|
||
|
||
The factory was not well equipped to handle the gas created by the
|
||
sudden addition of water to the MIC tank. The MIC tank alarms had not
|
||
been working for four years and there was only one manual back-up
|
||
system, compared to a four-stage system used in the United
|
||
States.<sup>\[6\]\[39\]\[59\]\[65\]</sup> The flare tower and several
|
||
vent gas scrubbers had been out of service for five months before the
|
||
disaster. Only one gas scrubber was operating: it could not treat such a
|
||
large amount of MIC with sodium hydroxide (caustic soda), which would
|
||
have brought the concentration down to a safe level.<sup>\[65\]</sup>
|
||
The flare tower could only handle a quarter of the gas that leaked in
|
||
1984, and moreover it was out of order at the time of the
|
||
incident.<sup>\[6\]\[39\]\[59\]\[66\]</sup> To reduce energy costs, the
|
||
refrigeration system was idle. The MIC was kept at 20 degrees Celsius,
|
||
not the 4.5 degrees advised by the
|
||
manual.<sup>\[6\]\[39\]\[59\]\[65\]</sup> Even the steam boiler,
|
||
intended to clean the pipes, was non-operational for unknown
|
||
reasons.<sup>\[6\]\[39\]\[59\]\[65\]</sup> Slip-blind plates that would
|
||
have prevented water from pipes being cleaned from leaking into the MIC
|
||
tanks, had the valves been faulty, were not installed and their
|
||
installation had been omitted from the cleaning
|
||
checklist.<sup>\[6\]\[39\]\[59\]</sup> As MIC is water-soluble, deluge
|
||
guns were in place to contain escaping gases from the stack. The water
|
||
pressure was too weak for the guns to spray high enough to reach the gas
|
||
which would have reduced the concentration of escaping gas
|
||
significantly.<sup>\[6\]\[39\]\[59\]\[65\]</sup> In addition to it,
|
||
carbon steel valves were used at the factory, even though they were
|
||
known to corrode when exposed to acid.<sup>\[12\]</sup>
|
||
|
||
According to the operators, the MIC tank pressure gauge had been
|
||
malfunctioning for roughly a week. Other tanks were used, rather than
|
||
repairing the gauge. The build-up in temperature and pressure is
|
||
believed to have affected the magnitude of the gas
|
||
release.<sup>\[6\]\[39\]\[59\]\[65\]</sup> UCC admitted in their own
|
||
investigation report that most of the safety systems were not
|
||
functioning on the night of 3 December 1984.<sup>\[67\]</sup> The design
|
||
of the MIC plant, following government guidelines, was "Indianized" by
|
||
UCIL engineers to maximise the use of indigenous materials and products.
|
||
Mumbai-based Humphreys and Glasgow Consultants Pvt. Ltd., were the main
|
||
consultants, Larsen & Toubro fabricated the MIC storage tanks, and
|
||
Taylor of India Ltd. provided the instrumentation.<sup>\[29\]</sup> In
|
||
1998, during civil action suits in India, it emerged that the plant was
|
||
not prepared for problems. No action plans had been established to cope
|
||
with incidents of this magnitude. This included not informing local
|
||
authorities of the quantities or dangers of chemicals used and
|
||
manufactured at Bhopal.<sup>\[6\]\[12\]\[39\]\[59\]</sup>
|
||
|
||
#### Safety audits
|
||
|
||
Safety audits were done every year in the US and European UCC plants,
|
||
but only every two years in other parts of the
|
||
world.<sup>\[6\]\[68\]</sup> Before a "Business Confidential" safety
|
||
audit by UCC in May 1982, the senior officials of the corporation were
|
||
well aware of "a total of 61 hazards, 30 of them major and 11 minor in
|
||
the dangerous phosgene/methyl isocyanate units" in
|
||
Bhopal.<sup>\[6\]\[69\]</sup> In the audit 1982, it was indicated that
|
||
worker performance was below standards.<sup>\[6\]\[61\]</sup> Ten major
|
||
concerns were listed.<sup>\[6\]</sup> UCIL prepared an action plan, but
|
||
UCC never sent a follow-up team to Bhopal. Many of the items in the 1982
|
||
report were temporarily fixed, but by 1984, conditions had again
|
||
deteriorated.<sup>\[61\]</sup> In September 1984, an internal UCC report
|
||
on the West Virginia plant in the USA revealed a number of defects and
|
||
malfunctions. It warned that "a runaway reaction could occur in the MIC
|
||
unit storage tanks, and that the planned response would not be timely or
|
||
effective enough to prevent catastrophic failure of the tanks". This
|
||
report was never forwarded to the Bhopal plant, although the main design
|
||
was the same.<sup>\[70\]</sup>
|
||
|
||
#### Impossibility of the "negligence"
|
||
|
||
According to the "Corporate Negligence" argument, workers had been
|
||
cleaning out pipes with water nearby. This water was diverted due to a
|
||
combination of improper maintenance, leaking and clogging, and
|
||
eventually ended up in the MIC storage tank. Indian scientists also
|
||
suggested that additional water might have been introduced as a
|
||
"back-flow" from a defectively designed vent-gas scrubber. None of these
|
||
theoretical routes of entry were ever successfully demonstrated during
|
||
tests by the Central Bureau of Investigation (CBI) and UCIL
|
||
engineers.<sup>\[59\]\[61\]\[68\]\[71\]</sup>
|
||
|
||
A Union Carbide commissioned analysis conducted by Arthur D. Little
|
||
claims that the Negligence argument was impossible for several tangible
|
||
reasons:<sup>\[58\]</sup>
|
||
|
||
1. The pipes being used by the nearby workers were only 1/2 inch in
|
||
|
||
diameter and were physically incapable of producing enough hydraulic
|
||
pressure to raise water the more than 10 feet that would have been
|
||
necessary to enable the water to "backflow" into the MIC tank.
|
||
|
||
1. A key intermediate valve would have had to be open for the
|
||
|
||
Negligence argument to apply. This valve was "tagged" closed, meaning
|
||
that it had been inspected and found to be closed. While it is possible
|
||
for open valves to clog over time, the only way a closed valve allows
|
||
penetration is if there is leakage, and 1985 tests carried out by the
|
||
government of India found this valve to be non-leaking.
|
||
|
||
1. In order for water to have reached the MIC tank from the
|
||
|
||
pipe-cleaning area, it would have had to flow through a significant
|
||
network of pipes ranging from 6 to 8 inches in diameter, before rising
|
||
ten feet and flowing into the MIC tank. Had this occurred, most of the
|
||
water that was in those pipes at the time the tank had its critical
|
||
reaction would have remained in those pipes, as there was no drain for
|
||
them. Investigation by the Indian government in 1985 revealed that the
|
||
pipes were bone dry.
|
||
|
||
### Employee sabotage
|
||
|
||
Now owned by Dow Chemical Company, Union Carbide maintains a website
|
||
dedicated to the tragedy and claims that the incident was the result of
|
||
sabotage, stating that sufficient safety systems were in place and
|
||
operative to prevent the intrusion of water.<sup>\[72\]</sup>
|
||
|
||
The Union Carbide-commissioned Arthur D. Little report concluded that it
|
||
was likely that a single employee secretly and deliberately introduced a
|
||
large amount of water into the MIC tank by removing a meter and
|
||
connecting a water hose directly to the tank through the metering
|
||
port.<sup>\[58\]</sup>
|
||
|
||
UCC claims the plant staff falsified numerous records to distance
|
||
themselves from the incident and absolve themselves of blame, and that
|
||
the Indian government impeded its investigation and declined to
|
||
prosecute the employee responsible, presumably because it would weaken
|
||
its allegations of negligence by Union Carbide.<sup>\[73\]</sup>
|
||
|
||
The evidence in favor of this point of view includes:
|
||
|
||
1. A key witness (the "tea boy") testified that when he entered the
|
||
|
||
control room at 12:15 am, prior to the disaster, the "atmosphere was
|
||
tense and quiet".
|
||
|
||
1. Another key witness (the "instrument supervisor") testified that
|
||
|
||
when he arrived at the scene immediately following the incident, he
|
||
noticed that the local pressure indicator on the critical Tank 610 was
|
||
missing, and that he had found a hose lying next to the empty manhead
|
||
created by the missing pressure indicator, and that the hose had had
|
||
water running out of it. (This testimony was corroborated by other
|
||
witnesses.)
|
||
|
||
1. Graphological analysis revealed major attempts to alter logfiles and
|
||
destroy log evidence.
|
||
2. Other logfiles show that the control team had attempted to purge 1
|
||
|
||
ton of material out of Tank 610 immediately prior to the disaster. An
|
||
attempt was then made to cover up this transfer via log alteration.
|
||
Water is heavier than MIC, and the transfer line is attached to the
|
||
bottom of the tank. The Arthur D. Little report concludes from this that
|
||
the transfer was an effort to transfer water out of Tank 610 that had
|
||
been discovered there.
|
||
|
||
1. A third key witness (the "off-duty employee of another unit") stated
|
||
|
||
that "he had been told by a close friend of one of the MIC operators
|
||
that water had entered through a tube that had been connected to the
|
||
tank." This had been discovered by the other MIC operators (so the story
|
||
was recounted) who then tried to open and close valves to prevent the
|
||
release.
|
||
|
||
1. A fourth key witness (the "operator from a different unit") stated
|
||
|
||
that after the release, two MIC operators had told him that water had
|
||
entered the tank through a pressure gauge. The Little report argues that
|
||
this evidence demonstrates that the following chronology took place:
|
||
|
||
- At 10:20pm, the tank was at normal pressure, indicating the absence
|
||
of water.
|
||
- At 10:45pm, a shift change took place, after which the MIC storage
|
||
|
||
area "would be completely deserted". During this period, a "disgruntled
|
||
operator entered the storage area and hooked up one of the readily
|
||
available rubber water hoses to Tank 610, with the intention of
|
||
contaminating and spoiling the tank's contents."
|
||
|
||
- Water began to flow, beginning the chemical reaction that caused the
|
||
disaster.
|
||
- After midnight, control room operators noticed the pressure rising
|
||
|
||
and realized there was a problem with Tank 610. They discovered the
|
||
water connection, and decided to transfer one ton of the contents out to
|
||
try and remove the water. The MIC release then occurred.
|
||
|
||
- The cover-up activities discovered during the investigation then
|
||
took place.
|
||
- After over 30 years, in November 2017, S. P. Choudhary, former MIC
|
||
|
||
production manager, claimed in court that the disaster was not an
|
||
accident but the result of a sabotage that claimed thousands of lives.
|
||
Chaudry's counsel, Anirban Roy, argued that the theory of design defects
|
||
was floated by the central government in its endeavour to protect the
|
||
victims of the tragedy. Everyone else who was part of investigations
|
||
into the case "just toed the line of the central government.... The
|
||
government and the CBI suppressed the actual truth and saved the real
|
||
perpetrators of the crime."<sup>\[74\]\[75\]</sup>
|
||
|
||
Roy argued to the district court that disgruntled plant operator M. L.
|
||
Verma was behind the sabotage because he was unhappy with senior
|
||
management. The counsel argued that there were discrepancies in the
|
||
statements given by persons who were operating the plant at that time
|
||
but the central agency chose not to investigate the case properly
|
||
because it always wanted to prove that it was a mishap, and not
|
||
sabotage. He alleged that Verma was unhappy with Chaudhary and
|
||
Mukund.<sup>\[76\]</sup>
|
||
|
||
## Additional Union Carbide actions
|
||
|
||
The corporation denied the claim that the valves on the tank were
|
||
malfunctioning, and claimed that the documented evidence gathered after
|
||
the incident showed that the valve close to the plant's water-washing
|
||
operation was closed and was leak-tight. Furthermore, process safety
|
||
systems had prevented water from entering the tank by accident. Carbide
|
||
states that the safety concerns identified in 1982 were all allayed
|
||
before 1984 and had nothing to do with the incident.<sup>\[77\]</sup>
|
||
|
||
The company admitted that the safety systems in place would not have
|
||
been able to prevent a chemical reaction of that magnitude from causing
|
||
a leak. According to Carbide, "in designing the plant's safety systems,
|
||
a chemical reaction of this magnitude was not factored in" because "the
|
||
tank's gas storage system was designed to automatically prevent such a
|
||
large amount of water from being inadvertently introduced into the
|
||
system" and "process safety systems—in place and operational—would have
|
||
prevented water from entering the tank by accident". Instead, they claim
|
||
that "employee sabotage—not faulty design or operation—was the cause of
|
||
the tragedy".<sup>\[77\]</sup>
|
||
|
||
**Tactical response**
|
||
|
||
The company stresses the immediate action taken after the disaster and
|
||
its continued commitment to helping the victims. On 4 December, the day
|
||
following the leak, Union Carbide sent material aid and several
|
||
international medical experts to assist the medical facilities in
|
||
Bhopal.<sup>\[77\]</sup>
|
||
|
||
**Financial response**
|
||
|
||
The primary financial restitution paid by UCC was negotiated in 1989,
|
||
when the Indian Supreme Court approved a settlement of US$470 million
|
||
(₹1,055 crore; equivalent to $845 million in 2018).<sup>\[78\]</sup>
|
||
This amount was immediately paid by UCC to the Indian government. The
|
||
company states that the restitution paid "was $120 million more than
|
||
plaintiffs' lawyers had told U.S. courts was fair" and that the Indian
|
||
Supreme Court stated in its opinion that "compensation levels under the
|
||
settlement were far greater than would normally be payable under Indian
|
||
law."<sup>\[79\]</sup>
|
||
|
||
In the immediate aftermath of the disaster, Union Carbide states on its
|
||
website that it put $2 million into the Indian prime minister's
|
||
immediate disaster relief fund on 11 December 1984.<sup>\[77\]</sup> The
|
||
corporation established the Employees' Bhopal Relief Fund in February
|
||
1985, which raised more than $5 million for immediate
|
||
relief.<sup>\[34\]</sup> According to Union Carbide, in August 1987,
|
||
they made an additional $4.6 million in humanitarian interim relief
|
||
available.<sup>\[34\]</sup>
|
||
|
||
Union Carbide stated that it also undertook several steps to provide
|
||
continuing aid to the victims of the Bhopal disaster. The sale of its
|
||
50.9 percent interest in UCIL in April 1992 and establishment of a
|
||
charitable trust to contribute to the building of a local hospital. The
|
||
sale was finalised in November 1994. The hospital was begun in October
|
||
1995 and was opened in 2001. The company provided a fund with around $90
|
||
million from sale of its UCIL stock. In 1991, the trust had amounted
|
||
approximately $100 million. The hospital catered for the treatment of
|
||
heart, lung and eye problems.<sup>\[72\]</sup> UCC also provided a $2.2
|
||
million grant to Arizona State University to establish a
|
||
vocational-technical center in Bhopal, which was opened, but was later
|
||
closed by the state government.<sup>\[79\]</sup> They also donated $5
|
||
million to the Indian Red Cross after the disaster.<sup>\[79\]</sup>
|
||
They also developed a Responsible Care system with other members of the
|
||
chemical industry as a response to the Bhopal crisis, which was designed
|
||
to help prevent such an event in the future.<sup>\[34\]</sup>
|
||
|
||
### Charges against UCC and UCIL employees
|
||
|
||
UCC chairman and CEO Warren Anderson was arrested and released on bail
|
||
by the Madhya Pradesh Police in Bhopal on 7 December 1984. Anderson was
|
||
taken to UCC's house after which he was released six hours later on
|
||
$2,100 bail and flown out on a government plane. These actions were
|
||
allegedly taken under the direction of then chief secretary of the
|
||
state, who was possibly instructed from chief minister's office, who
|
||
himself flew out of Bhopal immediately.<sup>\[80\]\[81\]\[82\]</sup>
|
||
Later in 1987, the Indian government summoned Anderson, eight other
|
||
executives and two company affiliates with homicide charges to appear in
|
||
Indian court.<sup>\[83\]</sup> In response, Union Carbide said the
|
||
company is not under Indian jurisdiction.<sup>\[83\]</sup>
|
||
|
||
From 2014, Dow is a named respondent in a number of ongoing cases
|
||
arising from Union Carbide's business in Bhopal.<sup>\[84\]</sup>
|
||
|
||
## Ongoing contamination
|
||
|
||
Deteriorating section of the MIC plant, decades after the gas leak.
|
||
|
||
Chemicals abandoned at the plant continue to leak and pollute the
|
||
groundwater.<sup>\[55\]\[85\]\[86\]\[87\]</sup> Whether the chemicals
|
||
pose a health hazard is disputed.<sup>\[88\]</sup> Contamination at the
|
||
site and surrounding area was not caused by the gas leakage. The area
|
||
around the plant was used as a dumping ground for hazardous chemicals
|
||
and by 1982 water wells in the vicinity of the UCIL factory had to be
|
||
abandoned.<sup>\[6\]</sup> UCC states that "after the incident, UCIL
|
||
began clean-up work at the site under the direction of Indian central
|
||
and state government authorities", which was continued after 1994 by the
|
||
successor to UCIL. The successor, Eveready Industries India, Limited
|
||
(EIIL), ended cleanup on the site in 1998, when it terminated its
|
||
99-year lease and turned over control of the site to the state
|
||
government of Madhya Pradesh.<sup>\[34\]\[72\]</sup>
|
||
|
||
UCC's laboratory tests in 1989 revealed that soil and water samples
|
||
collected from near the factory were toxic to fish. Twenty-one areas
|
||
inside the plant were reported to be highly polluted. In 1991 the
|
||
municipal authorities declared that water from over 100 wells was
|
||
hazardous for health if used for drinking.<sup>\[6\]</sup> In 1994 it
|
||
was reported that 21% of the factory premises were seriously
|
||
contaminated with chemicals.<sup>\[45\]\[89\]\[90\]</sup> Beginning in
|
||
1999, studies made by Greenpeace and others from soil, groundwater, well
|
||
water and vegetables from the residential areas around UCIL and from the
|
||
UCIL factory area show contamination with a range of toxic heavy metals
|
||
and chemical compounds. Substances found, according to the reports, are
|
||
naphthol, naphthalene, Sevin, tarry residues, alpha naphthol, mercury,
|
||
organochlorines, chromium, copper, nickel, lead, hexachlorethane,
|
||
hexachlorobutadiene, pesticide HCH (BHC), volatile organic compounds and
|
||
halo-organics.<sup>\[89\]\[90\]\[91\]\[92\]</sup> Many of these
|
||
contaminants were also found in breast milk of women living near the
|
||
area.<sup>\[93\]</sup> Soil tests were conducted by Greenpeace in 1999.
|
||
One sample (IT9012) from "sediment collected from drain under former
|
||
Sevin plant" showed mercury levels to be at "20,000 and 6 million times"
|
||
higher than expected levels. Organochlorine compounds at elevated levels
|
||
were also present in groundwater collected from (sample IT9040) a 4.4
|
||
meter depth "bore-hole within the former UCIL site". This sample was
|
||
obtained from a source posted with a warning sign which read "Water
|
||
unfit for consumption".<sup>\[94\]</sup> Chemicals that have been linked
|
||
to various forms of cancer were also discovered, as well as
|
||
trichloroethylene, known to impair fetal development, at 50 times above
|
||
safety limits specified by the U.S. Environmental Protection Agency
|
||
(EPA).<sup>\[93\]</sup> In 2002, an inquiry by Fact-Finding Mission on
|
||
Bhopal found a number of toxins, including mercury, lead, 1,3,5
|
||
trichlorobenzene, dichloromethane and chloroform, in nursing women's
|
||
breast milk.
|
||
|
||
A 2004 BBC Radio 5 broadcast reported the site is contaminated with
|
||
toxic chemicals including benzene hexachloride and mercury, held in open
|
||
containers or loose on the ground.<sup>\[95\]</sup> A drinking water
|
||
sample from a well near the site had levels of contamination 500 times
|
||
higher than the maximum limits recommended by the World Health
|
||
Organization.<sup>\[96\]</sup> In 2009, the Centre for Science and
|
||
Environment, a Delhi-based pollution monitoring lab, released test
|
||
results showing pesticide groundwater contamination up to three
|
||
kilometres from the factory.<sup>\[97\]</sup> Also in 2009, the BBC took
|
||
a water sample from a frequently used hand pump, located just north of
|
||
the plant. The sample, tested in UK, was found to contain 1,000 times
|
||
the World Health Organization's recommended maximum amount of carbon
|
||
tetrachloride, a carcinogenic toxin.<sup>\[98\]</sup>
|
||
|
||
In 2010, a British photojournalist who ventured into the abandoned Union
|
||
Carbide factory to investigate allegations of abandoned, leaking toxins,
|
||
was hospitalized in Bhopal for a week after he was exposed to the
|
||
chemicals. Doctors at the Sambhavna Clinic treated him with oxygen,
|
||
painkillers and anti-inflammatories following a severe respiratory
|
||
reaction to toxic dust inside the factory.<sup>\[99\]\[100\]</sup>
|
||
|
||
In October 2011, the Institute of Environmental Management and
|
||
Assessment published an article and video by two British environmental
|
||
scientists, showing the current state of the plant, landfill and solar
|
||
evaporation ponds and calling for renewed international efforts to
|
||
provide the necessary skills to clean up the site and contaminated
|
||
groundwater.<sup>\[101\]</sup>
|
||
|
||
## Popular culture
|
||
|
||
### Novels
|
||
|
||
Amulya Malladi's 2002 novel *A Breath of Fresh Air* relates the story of
|
||
a mother and son who develop health issues as a result of exposure to
|
||
gas at Bhopal. The book is based on Malladi's recollections of Bhopal
|
||
during the incident.<sup>\[102\]</sup>
|
||
|
||
Indra Sinha released *Animal's People* in 2007. The novel tells the
|
||
story of a boy who is born with a spinal condition due to effects of the
|
||
gas. The book was shortlisted for the Man Booker Prize.
|
||
|
||
Arundhati Roy's 2017 novel *The Ministry of Utmost Happiness* which
|
||
deals with many contemporary political issues in India, also features
|
||
several characters still dealing with the aftermath of the gas
|
||
leak.<sup>\[103\]</sup>
|
||
|
||
Annie Murray's novel *Mother and Child* (2019) is partly set in
|
||
post-disaster Bhopal.<sup>\[104\]</sup>
|
||
|
||
### Music
|
||
|
||
- B. Dolan - *RSVP* (aka "Lucifer")
|
||
- Renaud - *Morts les enfants*
|
||
- Revolting Cocks - *Union Carbide*
|
||
|
||
### Film
|
||
|
||
In 1999, a Hindi film dealing with the tragedy, *Bhopal Express*, was
|
||
released. The film stars Kay Kay Menon and Naseeruddin Shah.
|
||
|
||
In 2014, to coincide with the 30th anniversary of the disaster,
|
||
historical-drama *Bhopal: A Prayer for Rain* was released, starring
|
||
Martin Sheen as Union Carbide CEO Warren Anderson, Kal Penn, and Mischa
|
||
Barton.<sup>\[105\]</sup>
|
||
|
||
## Activism
|
||
|
||
Since 1984, individual activists have played a role in the aftermath of
|
||
the tragedy. The best-known is Satinath Sarangi (Sathyu), a metallurgic
|
||
engineer who arrived at Bhopal the day after the leakage. He founded
|
||
several activist groups, as well as Sambhavna Trust, the clinic for gas
|
||
affected patients, where he is the manager.<sup>\[6\]</sup> Other
|
||
activists include Rashida Bee and Champa Devi Shukla, who received the
|
||
Goldman Prize in 2004, Abdul Jabbar and Rachna
|
||
Dhingra.<sup>\[106\]\[107\]</sup>
|
||
|
||
### Local activism
|
||
|
||
Protest in Bhopal in 2010
|
||
|
||
Soon after the accident, representatives from different activist groups
|
||
arrived. The activists worked on organising the gas victims, which led
|
||
to violent repression from the police and the
|
||
government.<sup>\[6\]</sup>
|
||
|
||
Numerous actions have been performed: demonstrations, sit-ins, hunger
|
||
strikes, marches combined with pamphlets, books, and articles. Every
|
||
anniversary, actions are performed. Often these include marches around
|
||
Old Bhopal, ending with burning an effigy of Warren Anderson.
|
||
|
||
### International activism
|
||
|
||
Cooperation with international NGOs including Pesticide Action Network
|
||
UK and Greenpeace started soon after the tragedy. One of the earliest
|
||
reports is the Trade Union report from ILO 1985.<sup>\[61\]</sup>
|
||
|
||
In 1992, a session of the Permanent Peoples' Tribunal on Industrial
|
||
Hazards and Human Rights took place in Bhopal, and in 1996, the "Charter
|
||
on Industrial Hazards and Human Rights" was adopted.
|
||
|
||
In 1994, the International Medical Commission on Bhopal (IMCB) met in
|
||
Bhopal. Their work contributed to long term health effects being
|
||
officially recognised.
|
||
|
||
Important international actions have been the tour to Europe and United
|
||
States in 2003,<sup>\[108\]</sup> the marches to Delhi in 2006 and 2008,
|
||
all including hunger strikes, and the Bhopal Europe Bus Tour in 2009.
|
||
|
||
### Activist organisations
|
||
|
||
Bhopal People's Health and Documentation Clinic
|
||
|
||
At least 14 different NGOs were immediately engaged.<sup>\[6\]</sup> The
|
||
first disaster reports were published by activist organisations, Eklavya
|
||
and the Delhi Science Forum.
|
||
|
||
Around ten local organisations, engaged on long term, have been
|
||
identified. Two of the most active organisations are the women's
|
||
organisations—Bhopal Gas Peedit Mahila-Stationery Karmachari Sangh and
|
||
Bhopal Gas Peedit Mahila Udyog Sangthan.<sup>\[6\]</sup>
|
||
|
||
More than 15 national organisations have been engaged along with a
|
||
number of international organisations.<sup>\[6\]</sup>
|
||
|
||
Some of the organisations are:
|
||
|
||
- International Campaign for Justice in Bhopal (ICJB), coordinates
|
||
international activities.
|
||
- Bhopal Medical Appeal, collects funds for the Sambhavna Trust.
|
||
- Sambhavna Trust
|
||
|
||
or Bhopal People's Health and Documentation Clinic. Provides medical
|
||
care for gas affected patients and those living in water-contaminated
|
||
area.
|
||
|
||
- Chingari Trust, provides medical care for children being born in
|
||
Bhopal with malformations and brain damages.
|
||
- Students for Bhopal, based in USA.
|
||
- International Medical Commission on Bhopal, provided medical
|
||
information 1994–2000.
|
||
|
||
### Settlement fund hoax
|
||
|
||
On 3 December 2004, the twentieth anniversary of the disaster, a man
|
||
falsely claiming to be a Dow representative named Jude Finisterra was
|
||
interviewed on BBC World News. He claimed that the company had agreed to
|
||
clean up the site and compensate those harmed in the incident, by
|
||
liquidating Union Carbide for US$12 billion.<sup>\[109\]\[110\]</sup>
|
||
Dow quickly issued a statement saying that they had no employee by that
|
||
name—that he was an impostor, not affiliated with Dow, and that his
|
||
claims were a hoax. The BBC later broadcast a correction and an
|
||
apology.<sup>\[111\]</sup>
|
||
|
||
Jude Finisterra was actually Andy Bichlbaum, a member of the activist
|
||
prankster group The Yes Men. In 2002, The Yes Men issued a fake press
|
||
release explaining why Dow refused to take responsibility for the
|
||
disaster and started up a website, at "DowEthics.com", designed to look
|
||
like the real Dow website, but containing hoax
|
||
information.<sup>\[112\]</sup>
|
||
|
||
### Monitoring of activists
|
||
|
||
The release of an email cache related to intelligence research
|
||
organisation Stratfor was leaked by WikiLeaks on 27 February
|
||
2012.<sup>\[113\]</sup> It revealed that Dow Chemical had engaged
|
||
Stratfor to spy on the public and personal lives of activists involved
|
||
in the Bhopal disaster, including the Yes Men. E-mails to Dow
|
||
representatives from hired security analysts list the YouTube videos
|
||
liked, Twitter and Facebook posts made and the public appearances of
|
||
these activists.<sup>\[114\]</sup> Journalists, film-makers and authors
|
||
who were investigating Bhopal and covering the issue of ongoing
|
||
contamination, such as Jack Laurenson and Max Carlson, were also placed
|
||
under surveillance.<sup>\[115\]\[116\]</sup> Stratfor released a
|
||
statement condemning the revelation by Wikileaks while neither
|
||
confirming nor denying the accuracy of the reports, and would only state
|
||
that it had acted within the bounds of the law. Dow Chemical also
|
||
refrained to comment on the matter.<sup>\[117\]</sup>
|
||
|
||
Ingrid Eckerman, a member of the International Medical Commission on
|
||
Bhopal, has been denied a visa to visit India.<sup>\[118\]</sup> |