But if one carefully goes through the chronology of events connected with the criminal case against Union Carbide and its functionaries, one reaches to the painful conclusion that more than the judiciary, it was the Central government that was responsible for the delay. Various developments over the last 26 years indicate beyond doubt that the Central government went out of its way to favour the Union Carbide

Within a few days of the tragedy, the state government had appointed a Judicial Commission to go into the causes of the disaster. The Commission, headed by Justice NK Singh, started its proceedings in right earnest. Many individuals and organisations filed their statements and the recording of evidence was about to begin when the state government, under orders of the Government of India, dissolved the Commission without assigning any reason.

Many lawyers from USA had landed in Bhopal. The lawyers, who are described as “Ambulance chasers”, wanted to represent the victims in US courts. But the Government asked them to leave Bhopal. In retrospect, one may say that these lawyers, by pursuing the cases in the US, could have forced the Union Carbide to cough out substantially more money as compensation, than it eventually did.

The Government of India also promulgated an Ordinance, empowering the Union of India to act as the sole representative of the gas victims. The Ordinance was converted into an Act of Parliament in March 1985. This act took away the fundamental right of the victims to claim compensation for the damage done to their body and soul by the MIC.

It was again the Government of India that ordered the release of the then Union Carbide Corporation Chairman Warren Anderson, who was arrested while on a visit to Bhopal. He had come to Bhopal to have a first hand idea of the disaster and to express sympathy with the gas victims. After his release, he was taken in a boat, en route to the airport, from where was flown to New Delhi reportedly in the state Government aircraft. Why Anderson was arrested and why he was released is still a mystery. Subsequently, the Chief Judicial Magistrate of Bhopal issued a non-bailable warrant against Anderson and later he was declared an Absconder. However, the Government of India never made any serious effort to bring Anderson to Bhopal. The Government utterly failed to bring Anderson to justice.

While the Supreme Court was in the midst of hearing the case pertaining to payment of interim compensation, there was a court-assisted settlement of the main suit itself. After withdrawing the original suit, pending in the Bhopal court and disposing of the same without adjudicating the issue in question, the Supreme Court directed that there can be an overall settlement of the claim in the suit for 470 million US dollars (about Rs. 713 crores at the then exchange rate) and termination of all civil and criminal proceedings.

There was a loud protest against the decision to grant immunity from criminal liability. This meant that by paying Rs. 713 crores, the Union Carbide had been absolved of the charge of killing thousands. It was shameful on the part of the Government of India to accept such humiliating terms as part of the overall settlement.

It is suspected that the settlement, to which the Government of India was party, was also a stratagem to help the Union Carbide. On November 11, 1988 the Bhopal court had issued a bailable warrant against Warren Anderson and on February 14, 1989, the US administration had decided to permit the CBI to inspect the safety systems of the MIC unit of UCC's plant located in West Virginia. Was it to pre-empt these two steps that the overall settlement was arrived at in a great hurry. This was again a helping hand by the Central government. Recently, it was disclosed by a CBI officer BR Lal, who was handling the Carbide case, that the CBI was asked not undertake the journey to the US to inspect UCC's plant. Wasn't it the duty of the Central government to seek higher compensation under the settlement and also to appeal to the Supreme Court against the termination of the civil and criminal liability of the Union Carbide?

Subsequently, many gas victim organisations filed petitions challenging the decision. The SC, while upholding the settlement amount, revoked the criminal immunity granted to the UCC and all other accused in the case. Then, on November 11, 1991, after a gap of more than two years, criminal cases against the accused were revived in the Bhopal CJM court and summons were issued to them to appear in the court.

The Union government failed to carry out its duty as the sole representative of the gas victims. The accused filed appeal before the Supreme Court seeking reduction of charges against them from Section 304 Part II to 304A i.e. from culpable homicide not amount to murder to causing death due to negligence. Unfortunately, the Supreme Court accepted their appeal. As the sole representative of the gas victims, the Union government should have stoutly opposed the appeal but it did not do so. Similarly, the Union government should have taken up the plight of the gas victims with the US at the political level. Why no Prime minister, right from Rajiv Gandhi to Dr. Manmohan Singh, included the gas tragedy in the agenda of their parleys with the US President? This also goes to prove that the Government of India did not do justice to the gas victims and in fact, betrayed their cause.

The US administration, which claims to be the champion of Human Rights, also let down the gas victims. The US government could have forced the Union Carbide to divulge the true nature of the gas that had leaked from its plant on December 2-3, 1984 and its antidote but it did not do so.

Thus, the Union Government, by its acts of omission and commission did betray the cause of the thousands of gas victims. This when it was its self-appointed sole agent and representative. Similarly, the US, which defends the interests of its citizens who suffer physical or mental injury with its full might, treated the gas victims as guinea pigs.(IPA Service)