Bhopal/New York:
The Bhopal gas case may have reached a virtual dead end in India, but activists' campaigning for the victims say the next stage is to make Dow Chemicals pay for cleaning up the toxic site. Dow has maintained that it did not inherit this responsibility. But alongside a case in India's courts, activists have taken the battle straight to America.
"Our civil case remains open. The fact of the matter is that American courts have expressly invited the Indian government to intervene in the New York litigation. They have said that if the Indian government wants a remediation of the plant site as the owner of the land they are welcome to come to the courts in the US and seek such relief. As the owner of that land they have to intervene in the NY case and assert those claims directly. If they want to get relief from Union Carbide, it is vital for them to intervene directly and seek that relief in US courts," said counsel for Victims of Bhopal Vs Union Carbide Rajan Sharma.
But how far will the Indian government go in supporting them in this effort. A letter in 2004 from the Consul General of India to a US judge said that the Indian government has no objection to the case against Union Carbide demanding compensation for pollution and contamination of the site in Bhopal. The letter even says the Indian government holds Union Carbide responsible under the polluter pays principle.
However, many in the Indian government have been pushing the line that Dow should not be made to pay for the company it bought in 2001.
As NDTV first reported, the letter written by the chairman of Dow Chemicals to India's Ambassador to America, even claims that this assurance has already been provided to Dow Chemicals by senior government representatives.
In other words, no objection is all that the government has provided by way of help to the litigation in America.
Those trying to pin accountability on Dow Chemicals point to the obvious double standard.
"People are drinking toxic water. UCC has denied all responsibility. In 2002, Dow put aside 2.2 bn dollars for asbestos related hazard in United States. UCC left factory site as it was, said Karuna Nundy, advocate, Justice for Bhopal.
While Dow Chemicals reluctance may be traced to its eye on the company bottom-line, more worrying, say activists is the Indian government's reluctance to get involved in Bhopal fight for justice.
"Our civil case remains open. The fact of the matter is that American courts have expressly invited the Indian government to intervene in the New York litigation. They have said that if the Indian government wants a remediation of the plant site as the owner of the land they are welcome to come to the courts in the US and seek such relief. As the owner of that land they have to intervene in the NY case and assert those claims directly. If they want to get relief from Union Carbide, it is vital for them to intervene directly and seek that relief in US courts," said counsel for Victims of Bhopal Vs Union Carbide Rajan Sharma.
But how far will the Indian government go in supporting them in this effort. A letter in 2004 from the Consul General of India to a US judge said that the Indian government has no objection to the case against Union Carbide demanding compensation for pollution and contamination of the site in Bhopal. The letter even says the Indian government holds Union Carbide responsible under the polluter pays principle.
However, many in the Indian government have been pushing the line that Dow should not be made to pay for the company it bought in 2001.
As NDTV first reported, the letter written by the chairman of Dow Chemicals to India's Ambassador to America, even claims that this assurance has already been provided to Dow Chemicals by senior government representatives.
In other words, no objection is all that the government has provided by way of help to the litigation in America.
Those trying to pin accountability on Dow Chemicals point to the obvious double standard.
"People are drinking toxic water. UCC has denied all responsibility. In 2002, Dow put aside 2.2 bn dollars for asbestos related hazard in United States. UCC left factory site as it was, said Karuna Nundy, advocate, Justice for Bhopal.
While Dow Chemicals reluctance may be traced to its eye on the company bottom-line, more worrying, say activists is the Indian government's reluctance to get involved in Bhopal fight for justice.
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