While the Bhopal gas leak had left nearly 15000 dead and several crippled, the BP leak is a developing story and has so far claimed only 11 lives but the flora and fauna and the jobs in the region are in grave danger. Following the public outcry, the Obama administration now holds the BP officials accountable for the oil spill. It is clear that they will not escape as unscathed as Union Carbide top brass did in India. The US President Obama, facing media and public criticism, now speaks a tough language. For instance, he asked in an NBC show recently “whose ass he has to kick” over the oil spill adding that the BP CEO should be sacked. Looking for a permanent solution to check such disasters, he has assured the people “I am with you and my administration is with you for a long haul.”

In comparison, the Indian authorities have not taken a tough stand nor did they fear the media or public criticism this quarter of a century. The successive governments since 1984 ruling the state and the centre did not do justice to the affected people. On the contrary, they helped Anderson to leave the country.

There are certain similarities between the two gas leaks. First of all they are both man made disasters. If the Union Carbide is held accountable for the gas leak in Bhopal, the Americans blame the British Petroleum for the Gulf of Mexico oil spill. Safety mechanisms were untested and overlooked in both. The oil spill has caused huge damage to marine life, birds and jobs in the US coastline in some states like Louisiana, Mississippi, Alabama and Florida.

In contrast, in Bhopal, even after a quarter of century, much needs to be done. The soil and water remain contaminated and high levels of toxic chemicals remain still. Much more money is required to deal with the huge damage by the gas leak. More environmental awareness needs to be created and the public needs to be educated on the dangerous effects.

Look at how India and the US reacted regarding compensation? British Petroleum has already paid its first installment of $ 69 million for the damages caused. Obama has pushed BP to pay for the environmental disaster, and the company is liable to pay a fine of up to $ 4,300 per barrel. With the BP's liability still undecided, the amount is expected to go much higher.

In contrast, Union Carbide got away by just paying $ 470 million in compensation. According to official figures, about 30,000 are admitted to various hospitals as outpatients taking treatment still. A total 8,94, 000 were declared affected and the state government figures say that a total of Rs 512 crores have been spent in medical, economic and social and environmental rehabilitation as of 2009.

The Bhopal gas leak is a classic case to show justice delayed is justice denied. It has brought to focus the functioning of the judicial system and the need for speedy justice. The court in Bhopal has sentenced the seven surviving defendants (One more died) to two years in prison and fine of $2,100. Sadly, the convicted employees managed to get bail immediately pending their appeal. The Union Carbide India, which no longer exists, was fined less than $11,000. Ironically, while the accused were initially charged with culpable homicide, Supreme Court in 1996 reduced the charges to death by negligence, which carries a maximum two-year sentence.

Secondly, it brings to focus the callousness of the political system. Almost all the political parties have been at the centre as coalition partners in the past two decades. The BJP and the Congress alternatively ruled Madhya Pradesh. Now they are all blaming the Congress but what about their own role? Did they lift a finger? Instead of playing the blame game, the political class should wake up to remember that they are the servants of the public and should behave as such.

Third, the media and the environmentalists also failed the victims to a large extent. The issue should heave been kept in focus until justice was done.

Fourth, even the public failed in its duty to fix the politicians responsible. The Bhopal gas tragedy has never been an election issue all these years.

Fifth, the investigating agencies also failed. The CBI now admits that its case in the court was weak while the accused had better defence lawyers. The CBI is known for its lack of enthusiasm in prosecuting the accused be it in Bofors case or the Bhopal gas leak or any other big issues.

Sixth, the UPA government is talking of amendments to the nuclear liability bill, which is before the Parliament. While Prime Minister is keen to ensure that the bill is in place before the US President Obama visits India in November, the opposition parties are now talking of serious amendments. The bill needs a careful examination.

Seventh, Indian authorities tried unsuccessfully to prosecute Warren M. Anderson, chairman of Union Carbide at the time of the leak. Anderson, came to India after the disaster and was briefly arrested, but released on bail. Union Carbide claims the company and its officials were not subject to the jurisdiction of the Indian court since they did not have any involvement in the operation of the plant, which was owned and operated by Union Carbide, India. Can New Delhi put pressure to extradite Anderson, who is now 90, living in New York?

US Assistant Secretary of State Robert Blake has already ruled out reopening of the case which has made New Delhi red faced. He said 'I don't expect this verdict to reopen any new inquiries or anything like that. On the contrary, we hope that this is going to help to bring closure, to the victims and their families.' Does it not mean a double standard adopted by the US? (IPA Service)