WSJ JUNE 25, 2010

India Approves New Bhopal Measures

The Indian government late Thursday approved measures recommended by a group of ministers to enhance compensation for victims of the 1984 Bhopal gas tragedy, pursue an acknowledgment of liability from Dow Chemical Co. and pressure the U.S. to extradite former Union Carbide Chairman Warren Anderson.

The government's moves follow political pressure from victims' advocates and the media here following a criminal verdict earlier this month that sentenced seven former officials of Union Carbide India Ltd. to two years imprisonment for causing death by negligence. The verdict, 26 years after the tragedy, was criticized as being too weak, and it has led to a re-examination of many of the issues surrounding the world's worst industrial accident.

The enhanced compensation is part of a 12.6 billion rupee ($270 million) government package for compensation and cleanup of the Bhopal site.

Union Carbide sold its stake in Union Carbide India Ltd. in 1994 and then was itself acquired by Dow Chemical in 2001. The government news release said it would ask India's courts to decide on "the question of liability" for Dow. Dow has said repeatedly that it doesn't bear any responsibility or liability for the aftermath of the Bhopal disaster.

As for the extradition of Mr. Anderson, the Ministry of External Affairs will collect additional material from government agencies to increase its pressure for extradition on the U.S., where the 89-year-old Mr. Anderson resides. Efforts to reach him have been unsuccessful.

In a news release, the cabinet announced it would pay one million rupees ($21,500) to families of those killed in the disaster, half a million rupees ($10,700) to those permanently disabled, 200,000 rupees ($4,300) to those with cancer and 100,000 rupees ($2,100) to those with temporary disability. The payments would be adjusted relative to compensation already granted to the victims and new cases would not be considered.

As of 2008, the state of Madhya Pradesh, where Bhopal is located, has awarded an average of 27,000 rupees ($580) per case, according to calculations using government data. "Thus, more than 45,000 victims who were affected most severely by the tragedy will receive additional ex gratia payment," said the Indian government's release.

Environmental cleanup of the site will be the responsibility of Madhya Pradesh, but the central government will put an initial 3.1 billion rupees ($66.6 million) toward the effort. The cleanup will include disposing of stored hazardous residue, dismantling contaminated structures and "remediation of the contamination of water and soil."

The Bhopal plant was closed immediately following the disaster in 1984. As of 2009, Madhya Pradesh has spent 294 million rupees in environmental cleanup efforts, according to government figures-less than 10% of the amount approved Thursday by the government.

The government will also see if it can reopen the $470 million settlement sanctioned by the Indian Supreme Court in 1991 as restitution for victims. And it will seek to reopen the criminal case that resulted in the recent verdict to press stiffer charges and sentences against those convicted. The new measures had been recommended by a group of ministers constituted by Prime Minister Manmohan Singh.

1989年に示談による和解が得られ、ユニオンカーバイドはボーパールの事故によって生じた被害に対し4億7000万米ドルを支払うことに同意した。