Shame shame to supreme courts of USA & INDIA
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Working For The Rights & Survival Of The Oppressed
Working For The Rights & Survival Of The Oppressed
Editorial : Shame Shame to Supreme Court of India & Supreme Court of USA
The Final Verdict is out in Bhopal
Double standards of supreme court of India
http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind
PIL Appeal & Show Cause Notice to Supreme Court of India
http://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india
Your’s sincerely,
Nagaraj.M.R.
Shame! India
No country sells its poor so cheap.
No country sells its dead so cheap.
Today,
Bhopal
Earlier on Monday, eight accused, one of whom is deceased, were sentenced to two years in prison for causing death due to negligence.
Reacting to the development, representatives of the tragedy's victims and their families who have been protesting outside the court, said they would approach the Madhya Pradesh High Court to allow the slapping of more stringent charges against all those accused in the case.
The Magistrate court in
Toxic gas leak from a Union Carbide pesticide factory in 1984 killed thousands and left an unspecified number battered with diseases and deformity - the toll of victims is still rising.
Despite Monday's conviction, there is little closure for victims. Legal experts have alleged that there was an attempt to cover up the case. It took the CBI three long years to file a chargesheet that many believed was weak. Then in 1996 the charges were watered down making all sections carry the maximum punishment of 2 years.
The charges were also all bailable and with the prime accused in the case - former Union Carbide (USA) chairman Warren Anderson still on the run and unlikely to present himself in Indian court, there is little hope that justice will be served.
Anderson : The man who got away in Bhopal
Long before British Petroleum, there was Union Carbide; long before David Headley aka Daood Gilani, there was Warren Anderson.
As legal proceedings in theBhopal
Union Carbide, the American chemical company that became notorious for the world's worst industrial disaster, is now a wholly owned subsidiary of the Dow Chemical Company. And Warren Anderson, Union Carbide CEO, at the time of the disaster and until his retirement in 1986, declared an absconder and a fugitive from justice by an Indian court, lives in relative anonymity and seclusion inLong Island , New York
Both have washed their hands off theBhopal
The company maintains that the Bhopal plant was designed, owned, operated and managed on a day-to-day basis by UCIL and its employees and all those convicted are the "appropriate people from UCIL — officers and those who actually ran the plant on a daily basis have appeared to face charges."
"I want you to know that Union Carbide continues to have the utmost respect and sympathy for the victims of the tragedy and their families. Union Carbide did all it could to help the victims and their families from Day 1 right up through the settlement with the Indian government," the spokesman added.
Anderson
When Casey Harrell, a Greenpeace activist, visited his home in 2002 to serve him a warrant, he refused to identify himself and pretended to be someone else.
A neighbour also tried to throw Harrell off-track saying he was someone else and blurting out that he had nothing to do with theBhopal
As legal proceedings in the
Union Carbide, the American chemical company that became notorious for the world's worst industrial disaster, is now a wholly owned subsidiary of the Dow Chemical Company. And Warren Anderson, Union Carbide CEO, at the time of the disaster and until his retirement in 1986, declared an absconder and a fugitive from justice by an Indian court, lives in relative anonymity and seclusion in
Both have washed their hands off the
The company maintains that the Bhopal plant was designed, owned, operated and managed on a day-to-day basis by UCIL and its employees and all those convicted are the "appropriate people from UCIL — officers and those who actually ran the plant on a daily basis have appeared to face charges."
"I want you to know that Union Carbide continues to have the utmost respect and sympathy for the victims of the tragedy and their families. Union Carbide did all it could to help the victims and their families from Day 1 right up through the settlement with the Indian government," the spokesman added.
When Casey Harrell, a Greenpeace activist, visited his home in 2002 to serve him a warrant, he refused to identify himself and pretended to be someone else.
A neighbour also tried to throw Harrell off-track saying he was someone else and blurting out that he had nothing to do with the
Bhopal
NEW DELHI: It will be unkind to blame the trial court for handing out mild punishments to the Bhopal gas leak accused whose collective negligence caused an industrial catastrophe. For, the court's decision to frame charges against them under Section 304-II of IPC — that attracts a maximum jail term of 10 years — was set aside by the Supreme Court itself on September 13, 1996.
Appearing for CBI, then additional solicitor general Altaf Ahmed had argued before the SC that the accused knew about the potential danger of the lethal gas escaping and hence should be tried under the stringent provision.
"There was ample material produced by the prosecution in support of the chargesheet which indicated that all the accused shared common criminal knowledge about potential danger of escape of the lethal gas — MIC — both on account of the defective plant which was operated under their control and supervision at Bhopal and also on account of the operational shortcomings detected by the Varadarajan expert committee," Ahmed had said in court.
However, a bench comprising then Chief Justice A M Ahmedi and Justice S B Majmudar disagreed. "On our finding that the material pressed in service by the prosecution does not indicate even prima facie that the accused were guilty of an offence of culpable homicide and, therefore, Section 304-II was out of the picture, Section 304-A on this very finding can straightaway get attracted at least prima facie," the bench said. It then quashed the charge framed against the accused under Section 304-II.
As legal experts decried Monday's verdict and activists involved in rehabilitation of the victims termed it a mockery of justice, TOI tracked down Altaf Ahmed inDubai
"The dilution of the charges against the accused persons in 1996 by the Supreme Court was very sad and in my perception not justified," he said.
And why did he feel so, when the SC had gone through the evidence and CBI's chargesheet in detail while giving its 40-page judgment? Ahmed felt the apex court had erred by converting the charges from Section 304-II to Section 304A (death caused by a rash and negligent act, under which the BMW hit-and-run accused was tried). "The management of Union Carbide knew that necessary safety measures were not in place and a leak of the kind that resulted in the tragedy was a distinct possibility," he said.
Appearing for CBI, then additional solicitor general Altaf Ahmed had argued before the SC that the accused knew about the potential danger of the lethal gas escaping and hence should be tried under the stringent provision.
"There was ample material produced by the prosecution in support of the chargesheet which indicated that all the accused shared common criminal knowledge about potential danger of escape of the lethal gas — MIC — both on account of the defective plant which was operated under their control and supervision at Bhopal and also on account of the operational shortcomings detected by the Varadarajan expert committee," Ahmed had said in court.
However, a bench comprising then Chief Justice A M Ahmedi and Justice S B Majmudar disagreed. "On our finding that the material pressed in service by the prosecution does not indicate even prima facie that the accused were guilty of an offence of culpable homicide and, therefore, Section 304-II was out of the picture, Section 304-A on this very finding can straightaway get attracted at least prima facie," the bench said. It then quashed the charge framed against the accused under Section 304-II.
As legal experts decried Monday's verdict and activists involved in rehabilitation of the victims termed it a mockery of justice, TOI tracked down Altaf Ahmed in
"The dilution of the charges against the accused persons in 1996 by the Supreme Court was very sad and in my perception not justified," he said.
And why did he feel so, when the SC had gone through the evidence and CBI's chargesheet in detail while giving its 40-page judgment? Ahmed felt the apex court had erred by converting the charges from Section 304-II to Section 304A (death caused by a rash and negligent act, under which the BMW hit-and-run accused was tried). "The management of Union Carbide knew that necessary safety measures were not in place and a leak of the kind that resulted in the tragedy was a distinct possibility," he said.
Shortly before midnight on 2 December 1984, thousands of tonnes of
deadly chemicals leaked from Union Carbide’s pesticide plant in
Between 7,000 and 10,000 people died in the immediate aftermath and a
further 15,000 over the next 20 years.
Nearly 25 years later, the factory site has not been cleaned up. More
than 100,000 people continue to suffer from ongoing health problems.
Efforts to provide rehabilitation – both medical care and measures to
address the socio-economic effects of the leak – have fallen way short
of what is needed.
Many of those affected are still waiting for adequate compensation and
the full facts of the leak and its impact have never been properly
investigated. No one has ever been held to account for what happened
at
and
have so far been unsuccessful.
is a human rights travesty today. The legacy of
because the people of
rights. Moreover, the negative impacts of the leak are affecting new
generations. Studies have shown how the exposure to the toxic gas
causes long-term effects, which can continue in children born in gas-
exposed families.
For 25 years the Indian government has failed the people of
Promises have been repeatedly broken and no adequate action has ever
been taken to address the impacts of the gas leak.
No company can be allowed to evade responsibility for the impacts of
its operations. Union Carbide must be held to account for what
happened at
cooperate fully with the Indian government and the courts in
ensure justice is done and the site is fully cleaned up.
At the first instance the Government of India failed to ensure that
Union carbide India Limited (U.C.I.L) has installed proper safety
measures and fully implemented it in practice, at it's plant in
department, factory inspectorate & pollution control board failed to
enforce safety practices & environmental protection. In turn, the
U.C.I.L didn't install in full, the safety measures being followed by
it's parent company union carbide corporation (U.C.C) at it's
Various plants in the
training to residents of nearby localities, to cope up with
emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety
practices, as it treated Indian lives as cheap. The government of
Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to
other safe place, gave them legal title deeds just months before the
tragedy in 1984.
Now, refer the following:-
1. After the accident at it's U.C.I.L. plant at
when the U.C.C. Chairman/C.E.O. came over to
visit the accident site, local police arrested him on the charges of
manslaughter. However, the Government of India got him released.
2. In 1985, Government of India enacted "
the right of appeal of all the Gas tragedy victims & declared itself
as the sole representative of all victims. This said act itself is
violative of victim's fundamental & human rights. The
victims didn't choose Government of India as it's representative under
will, agreement, trust or pleasure.
3. The paradox of this "
India which is also a party to the crime, tragedy, itself is the
appellant. The appellant (Petitioner),defendant are Government of
India, Prosecution by Government of India & Judged by Government of
India.
4. In 1989, when an appeal about interim compensation to be paid by
the U.C.I.L to all the victims was being heard in the apex court, the
supreme court of India without giving a chance to the victims to make
their point, without consulting them, without making a proper
assessment of damages/losses, gave an arbitrary figure as verdict &
dropped all civil, criminal proceedings against U.C.C.&U.C.I.L
5. In the same year 1989, the Government of India without consulting
the victims of disaster, without making proper assessment of damages/
losses, negotiated a settlement with the U.C.C. and in turn gave full
legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings
6. Even the Government of India didn't present the case of victim's-
gas tragedy victims, properly before the U.S.courts, where the U.C.C
is based. All these premeditated acts only benefited the criminals-
U.C.C&UCIL. Are not the supreme court of India & Government of
here to safeguard Indians and to safeguard Justice?
After all these crimes, the Government of India failed to distribute
compensation in time to victims. It has failed even to provide safe
drinking water to the residents near the accident site, It has failed
to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic
wastes either by the culprit management or by it self, that too after
20 years. The very presence of these toxic wastes since 20 years is
further contaminating, polluting the environment and taking toll of
more victims.
Particularly in the case of "Bhopal Gas Tragedy" the supreme court of
India & Government of
Just consider a case here, Just a few years back an U.S.based M.N.C
ENRON set-up a power project in
subsidiary. When Maharashtra state Electricity Board failed to lift
power from Enron& pay them monthly guaranteed revenue, Enron
threatened to invoke, open the "Eschrew Clause" with the Government
of
has stood as conter-guarantee in this case. Finally the Government
paid, of course subsequently the parent ENRON collapsed due to other
reasons. If in this case if Government of India failed to pay-up as a
counter guarantee & refused to comply with the award of International
arbiter, definitely Government of U.S.A. would have stepped into the
scene to protect it's MNC. Hypothetically, In the same vein if Enron
has caused damages to Indians either through negligence of safe
practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it
would have been the duty of parent Enron & Government of U.S.A. to
step in & pay-up.
In the same way, the U.C.I.L has caused massive damages to Indians &
refusing to pay commensurate to damages. Dow chemicals which took-
over U.C.C. is also refusing to pay. DOW chemicals which is the new
owner of U.C.C. naturally inherits both profits, credits lent &
liabilities to pay of U.C.C. Still it is refusing to pay. Now it is
the turn of Government of U.S.A. to cough-up the sum.
Nowadays, it has become routine for central & State ministers to go-
on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to
They do sign numerous agreements, only favouring MNC. When tragedies
occur or when they cheat Indian banks/ investors, it is Indians who
suffer. The ministers & bureaucrats thinks themselves as wizards and
enters into agreements with MNCs, industrialists in a hush-hush
manner, with vast scope for possible corruption. Is it not the duty of
government to be transparent ?
An appeal to honourable supreme court of USA & HE Honourable president
of USA Mr.Obama
Your government protects all Americans, all American companies both
inside
country , American investigators fly over to that country to conduct
investigation in total disregard to local laws. In the same way , if
the interests of an American company is threatened in a third country
American government goes to it's rescue.
However , when an American company butchers , causes mass man
slaughter in a third country , as an American company did in
company has not removed , cleared the accident site of poisonous
debris at
slaughter , no action by American government why ?
Some US based companies are selling soft drinks , food products ,
medicines , drugs in third world countries , which are causing grave
health damages to the public. The quality standards of these products
are fit cases of rejections by US FDA. Some
drugs ( which are banned in the
us companies are exporting such dangerous medicines , foods to third
countries . no action by
that the lives of non Americans are cheaper than Americans ?
Hereby, I do request your kindself ,
1 . to initiate criminal prosecution against US based key management
personnel responsible for
2 . to make either the respective company management or US government
to pay compensation to victims of
American lives , as if the same tragedy happened in the
3 . to order the management of the said company to clean up
poisonous debris , from the accident site at their own expense.
4 . To legally prosecute US exporters & US based companies selling
products ( which violates US FDA regulations or banned in the
domestic consumption ) to third countries.
WHY MULTINATIONAL COMPANIES ARE INVESTING IN INDIA
In every mega projects undertaken by government , both the state government & central government have functioned like REAL ESTATE / COMMISSION AGENTS for the rich & mighty . the government says it is acquiring lands for development of industries , for public good. In reality there is only good of rich & mighty.
For forming S.E.Zs , corporates gets speedy single window approvals from government , lands at concessional rates – lower than market value , soft loans from Indian banks , tax exemptions for years from the government , dedicated power supply , etc , from the government . these corporates are even given free hand to raise share capital in the Indian market. the government has enacted flexible labour laws specifically for S.E.Zs , they can hire & fire without bothering to pay gratuity , etc and they are exempted from providing P.F / E.S.I coverage to their employees ie they need not worry about the occupational health hazards of their employees , they can employ them till they are fit & throw them on streets afterwards. These corporates take our own money, employ our own people , use our own natural resources & finally take away the net profits to their home countries – what they give back ? – environmental pollution , tax evasions , low paid occupational hazardous jobs to locals , stock market scams .
During Previous License Regime foreign, investment was not directly welcome in
environment thrived, who were no way better than day light robberers, of course with a few exception. Under the political patronage, the cunning industrialists looted public money, cheated the government of tax, cheated lending banks & cheated the investors
too. They easily flouted labour laws & made labourers to work in inhuman conditions.
During 1990's under the international pressure
bringing the FMCG industries - salt, chips, ketch-up, colas, for which
They are not bringing in new production technologies in the areas like space research, nuclear energy, bio-technology, pharmaceuticals or pollution control, to
1. There is lack of comprehensive environmental norms.
2. The enforcement of environmental norms is lax.
3. The cost of health coverage, social security net to be provided to the workers exposed to the occupational hazards is less.
4. The cost of compensation to be paid to the persons-who died or suffered damages due to occupational hazards/environmental pollution is meager.
5. The enforcement of labour laws are lax.
6. Public money can be easily raised through lending Banks, primary market within
7. The tax can be evaded through various loopholes like transferring money to holding companies situated at
8. The tax can be evaded, company money can be cheated by lending money to sister / holding concerns at low interest rates or by selling shares, materials to their private companies at low rates or by buying shares, materials from their holding/sister concerns at exhorbitant rates, etc.
9. The corporate governance laws are almost absent in
10. Above all, the time can be bought by very slow Indian legal system, if any dispute arise.
11. On top of it, well trained, technically qualified people are available at low rates through contractors.
Just consider the following cases which highlight the apathy, irresponsibility of government of
1. The
2. The people living near the mines of R.E.M.P. in Kerala are suffering due to exposure to the radio active materials, Same is the case with the people of Jadaguda, Jharkhand, living near the U.C.I.L. plant. Both M/S R.E.M.P & M/s U.C.I.L are department of atomic energy enterprises.
3. Few years back, In
4. In 1984, U.S. based MNC union carbide mass murdered nearly 20,000 people, injured lakhs who are still suffering health problems. The polluted poisonous accident site i.e. Union carbide plant in
This is still further damaging the residents of
5. In the above union carbide disaster, the Government of
American lives. Just imagine if a same disaster occurred in
6. In
7. The medicines like nimesulide, paracetamol, etc. with hazardous side effects which are banned in U.S.A.& Europe, are easily marketed by the same U.S.& Europe based MNCs in India.
8. In India spurious drugs, medicines, food stuffs are easily marketed.
9. In India, the clinical trials of new medicines under research are done without proper compensation structure to those being tried upon ie. Virtual guinea pigs.
10. In India, the genetically engineered BT crops are being introduced without paying attention to formers, ecology or eco-system.
11. In India, during setting up of large projects, scant attention is paid to environment, eco-system & the displaced persons.
Most of the times, in government projects itself the displaced persons are cheated by the government in numerous ways.
12. In India, various Government as well as private hospitals dumps hospital wastes with deadly viruses in the open, with scant regard to public health.
13. In India, aged ships belonging to foreign countries are breaked down to scrap in ship breaking yards of Gujarath , Maharashtra & AP. Various toxins like the Asbestos, lead, etc & the hazardous, dirty water, Oil inside the ship are drained into Indian seashore. The labourers here are forced to work without any safety gears.
14. When specific cases of human rights violations were brought before the government & Judiciary by us , both of them didn't respond at all.
All the above cases highlight the fact that, government of India & Indian judiciary treats it's citizens lives as cheap, dispensable at will. This is the major attracting force for MNCs to
At the first instance the Government of
department, factory inspectorate & pollution control board failed to enforce safety practices & environmental protection. In turn, the U.C.I.L didn't install in full, the safety measures being followed by it's parent company union carbide corporation (U.C.C) at it's
Various plants in the
Now, refer the following:-
1. After the accident at it's U.C.I.L. plant at
2. In 1985, Government of
victims didn't choose Government of
3. The paradox of this "
4. In 1989, when an appeal about interim compensation to be paid by the U.C.I.L to all the victims was being heard in the apex court, the supreme court of India without giving a chance to the victims to make their point, without consulting them, without making a proper assessment of damages/losses, gave an arbitrary figure as verdict & dropped all civil, criminal proceedings against U.C.C.&U.C.I.L
5. In the same year 1989, the Government of India without consulting the victims of disaster, without making proper assessment of damages/ losses, negotiated a settlement with the U.C.C. and in turn gave full legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings
6. Even the Government of
After all these crimes, the Government of
date . It has even failed to get the accident site cleared off toxic wastes either by the culprit management or by it self, that too after 20 years. The very presence of these toxic wastes since 20 years is further contaminating, polluting the environment and taking toll of more victims.
Particularly in the case of "
Just consider a case here, Just a few years back an U.S.based M.N.C ENRON set-up a power project in
of
amounting over and above it's Capital base & insurance cover, then it would have been the duty of parent Enron & Government of
In the same way, the U.C.I.L has caused massive damages to Indians & refusing to pay commensurate to damages. Dow chemicals which took- over U.C.C. is also refusing to pay. DOW chemicals which is the new owner of U.C.C. naturally inherits both profits, credits lent & liabilities to pay of U.C.C. Still it is refusing to pay. Now it is the turn of Government of
Nowadays, it has become routine for central & State ministers to go- on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to
edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell : 09341820313 home page: http://groups.google.co.in/group/e-clarion-of-dalit/ , http://e-clarionofdalit.blogspot.com/ , http://in.groups.yahoo.com/group/e-clarionofdalit/ , http://sites.google.com/site/eclarionofdalit ,
e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com
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