A nuclear disaster next? -Bhopal gas disaster company escapes justice
..in case of a nuclear accident, while providing complete immunity to a foreign nuclear reactor builder from any victim-initiated civil suit or a criminal proceedings both in an Indian court or in a court in its home country.
Bhopal judgment symbolises decayed justice in a deficient democracy(June 08, Hong Kong, Sri Lanka Guardian) Statement issued by the Asian Human Rights Commission The recent judgment delivered by a court in the Bhopal Gas disaster case convicting all the seven accused could have been a welcome one and could have gone a long way in ensuring people’s faith in the country’s judiciary and the rule of law, but for the features of a failing justice regime the investigation and trial exhibits……..
It took 25 years for the court to decide the case letting many of the accused slip out of the hands of law. When the verdict finally came, convicting seven executives of the erstwhile Union Carbide India Limited, the fact that the multinational responsible for the gas leak, the Union Carbide Corporation, a wholly owned subsidiary of The Dow Chemical Company, is left scot-free proved to be a far bigger disaster than the tragedy itself.
Even worse is the gravity of the sentence. What can be a bigger subversion of justice than giving a two-year prison term to those responsible for killing more than 15000 people and causing grave health problems for more than half a million? ….
Taking all the facts into account, Bhopal Gas Leak case was an open and shut case of criminal and corporate liability. A thorough enquiry and trial in the case could have paved the way for far stricter rules to insure industrial safety and corporate responsibility.The Government of India is contemplating to enact a legislation named Civil Liability For Nuclear Damages Bill which caps the maximum liability to five billion Rupees in case of a nuclear accident, while providing complete immunity to a foreign nuclear reactor builder from any victim-initiated civil suit or a criminal proceedings both in an Indian court or in a court in its home country. Incidentally, the US with whom the Government of India is intending to sign the Bill is contemplating a criminal prosecution against British Petroleum, the petroleum major for causing the oil spill in the Gulf of Mexico.
Sri Lanka Guardian: Bhopal judgment symbolises decayed justice in a deficient democracy
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