Bhopal Judgement A Slap in the Face of Victims

The judgement of the Chief judicial Magistrate, Bhopal, in the gas tragedy-mass murder case comes more as a reminder of the abject helplessness, timidity and lack of political will at best - and collusion at worst - of the Indian state in its readiness and ability to make Corporates accountable, than any sense of justice rendered.

Victims have rightly called it a "slap in our face".

It is one more indication of how Corporates can get away with the worst environmental crimes, especially if they come from the great land of US of A, which particularly makes the Government of India **** in the *****

Maoists Deny Involvement

It is now emerging that the Maoists are not behind the gruesome incident of the Gyaneshwari Expresss. Both the CPI(Maoist) and the PCAPA have denied any involvement. Apparently, on Friday night, the following statement was issued on behalf of the CPI(Maoist) WB State Committee. “We are in no way involved in this incident. We did not carry out any explosion in the railway line. Killing innocent people by sabotaging railway line is not our agenda. When we carry out any action, there are always some specific reasons behind. We also acknowledge responsibility for that. Whenever we commit mistakes we admit it. However, responsibility is being placed on us now for an incident in which we are in no way involved”.

The Hindustan Times of 29 May 2010 also carried a small mention of the denial by PCAPA (http://www.hindustantimes.com/special-news-report/News-Feed/78-die-in-train-crash-Naxals-blamed/Article1-549604.aspx) but the denial has been mostly unreported in the media.

While officials continued to blame the CPI (Maoists) and the PCAPA ( See Hindustan Times of 30^th May 2010 http://www.hindustantimes.com/Victims-kin-hunt-for-bodies-Mamata-for-votes/H1-Article3-550507.aspx) the FIR registered on this incident does not mention the involvement of the Maoist.

So what’s the truth? The country needs to know the real perpetrators of this incident. Can we hope for an honest, quick and competent enquiry into this incident?

Support Naxals and Face Punishment says PC

Our dear HM has recently issued dire threats to civil society for "supporting" the Maoists. To him, anyone who even hints at the gross injustice, years of exploitation and complete abdication of its duty by the state in the tribals areas as being the underlying cause for the growth of the Maoist movement is a supporter of the Naxals. The Times of India wrote recently (7th May 2010 http://timesofindia.indiatimes.com/india/Support-Naxals-face-punishment/articleshow/5900678.cms)

"NEW DELHI: Toughening its stance against Naxalites, the Centre on Thursday warned Maoist sympathizers — including members of civil society and non-governmental organizations (NGOs) — found supporting the ultras by propagating their ideology or by any other means to be ready to face severe punishment. "

Of course, this is utter nonsense. If one reads what the Home Affairs Ministry has to say, one would think that the civil society is more of a threat than the Maoists themselves.

Wonder what PC would say to those who said this:

"... the Naxalite movement has to be recognised as a political movement with a strong base among the landless and poor peasantry and adivasis. ....Though its professed long term ideology is capturing state power by force, in its day to day manifestation it is to be looked upon as basically a fight for social justice, equality, protection and local development. The two have to be seen together without overplaying the former..."

Would he arrest them under the UAPA?

It is a quote from the report of the Expert Committee set up by the Planning Commission of India on Development Challenges in Extremist Affected Areas, published by the Government of India in April 2008.

Ugly occupations cannot produce beautiful resistances

"The US is now learning that ugly occupations cannot produce beautiful resistances." Raza Naeem, reviewing Fareed Zakaria's book The Post-American World, in Frontline.
When will the Indian establishment realise that the same holds for structural violence, gross injustice and extreme inequity?

Shri Shekhar Gupta’s Drought Proofing India (Indian Express, 15 August 2009 http://www.indianexpress.com/news/droughtproofing-india/502292/) betrays an ignorance of the ground realities in Punjab and Haryana and the reasons behind the “success” of its agriculture. Gupta attributes the drought-proofing of these states to the big dams built in the 1950s and 1960s when the reality is quiet different. Our study of the Bhakra Nangal project and agriculture in the two states (Unravelling Bhakra, Manthan Adhyayan Kendra, 2005) clearly showed that a huge part of the agricultural production of the two states, 43% in Punjab and 34% in Haryana, was due to the mining of groundwater – that is, unsustainably drawing out more water than is being recharged. This, and several other agricultural practices that resulted in a burst in the agricultural production are the very factors that have now pushed the agriculture of the two states in a serious crisis.

Gupta also makes explicit what he thinks of people who raise questions about such large dams when he says that the dams in the Indus basin like Bhakra were built “when the most retrograde environmental and jholawala movements in the history of mankind had not yet arrived on the scene.” But his ignorance of studies which document the reality of such projects raises the question of who really is retrograde and has a closed mind. Further, Gupta may not know it, but due to the very absence of such movements, the oustees of Bhakra and Pong dams are still crying for their proper rehabilitation more than 50 years after being displaced.

However, even if we disregard Gupta's lack of knowledge about irrigation, agriculture and water, what is appalling is his take on the situation in Gujarat. His article talks about how the Patels of Gujarat sold the idea of Narmada to the people of Gujarat and that “The dam got built because the Gujaratis won’t brook any obstruction to it.” It is difficult to believe that Gupta is unaware of what this “not brooking any obstruction” involved. It was the foretaste of the same intolerance and state supported violence that was later to manifest itself in full force in the post-Godhra riots in Gujarat. The Narmada Bachao Andolan (NBA) office and activists were repeatedly attacked, meetings routinely disrupted and organizers of meetings threatened. Many of the attacks were in the presence of the police who stood by silently and watched. The attackers were mostly local and sometimes even state level politicians, and hooligans. They were never brought to book, even though in many cases they were photographed or videoed in action. The use of violence and intimidation to suppress the rights of the people of the Narmada valley, to suppress their freedom of speech and to suppress the right of the people of Gujarat to know all the aspects of the project was the hallmark of the “brooking no obstruction”. The most publicized of the cases in later years was that of Aamir Khan, whose film Faana was not allowed to be released in Gujarat by mobs threatening violence just because he articulated the right of the affected people to a proper rehabilitation.

It is difficult to believe that Shri Shekhar Gupta does not know the real nature of how the dam was pushed ahead in Gujarat. If he doesn't, this is of serious concern as he is a senior journalist of high standing. If he does know of this reality, then his implied praise of the Gujaratis not brooking any obstruction is even more a cause of worry.

17 August 2009

It is 48 oC Now

The temparature reached 48 oC on 28th April and has been hovering around that mark since then. Even a small round outside is enough to roast one! It is better inside, and Badwani has been given a special status due to it being possibly the hottest inhabited place at least in M.P. There are no power cuts during the summer months. This at least makes the temparatures a little bearable, though the searing heat makes one so restless, and all hopes of a solid working day are lost in fighting the discomfort of the heat.

Climat Change is Upon Us
Climate Change is surely upon us. It is not just the big things that we read in the press - the melting Himalayan glaciers, the increasing hurricanes and storms - but also many small things in our own neighbourhoods that show that climate change is definitely here.

Badwani, the place I live in, is possibly one of the hottest inhabited town in India. Every summer, the maximum temperatures go up to 49 oC. Yet, this summer, till day before yesterday (till 12th April) it was still pleasant, and we could sit without a fan even in the afternoon. In a day the temperatures have suddenly touched 47 oC.

On the other hand, in December last year (2008), we had a stretch of 15 days when it was so warm that one thought that summer had almost begun. Wonders of wonders, the glorious palash – also called the flame of forests for obvious reasons, that blooms just about a week before holi, heralding the approach of spring / summer – could be seen in all its splendour, albeit in isolated patches. (See the photo of a palash in resplendence). I was travelling to Indore for a marriage on 12 December, and I remember my great surprise on seeing isolated palash trees in full bloom. I have never seen such a phenomenon before.

Tarnished Gold - Dow Chemicals at IIT Bombay Golden Jubilee Gala

Later this week, from 18-20th July 2008, the Indian Institute of Technology (IIT) Bombay’s Golden Jubilee Gala Event takes off in New York. As an alumnus of this august institution, I am proud that it has completed 50 years. Yet, its showcase celebrations in New York leave one with mixed feelings as one of the Gold Sponsors is Dow Chemicals.

On 6th February 2001, Union Carbide Corporation became a fully owned subsidiary of Dow chemicals. UCC was the owner of Union Carbide India Limited (UCIL), whose factory in Bhopal in December 1984 was responsible for one of worst cases of industrial disasters in history, a reprehensible act resulting from several grossly criminal omissions and commissions. The Bhopal gas leak tragedy killed thousands on 3rd December 1984, and in the 23 years following, has killed thousands more, and has dammed thousands of others to a life of disability and disease. The victims have received neither full compensation nor justice and Bhopal continues to be blot on India’s record of human rights. UCC remains accountable for Bhopal, and as its 100% owners, so does Dow.

As the people of Bhopal continue to suffer, how can IIT Bombay associate with, and lend its credibility to Dow? This is a question that has marred the Golden Jubilee celebrations for me and for many other alumni. Earlier this week, 43 faculty members of IIT Bombay wrote an Open Letter to the organisers of the New York event, urging them to “reject any offer of a relationship with Dow Chemical or any of its Subsidiaries” and in particular “strongly urg[ing] … to refuse sponsorship from Dow Chemical for the 2008 Golden Jubilee Conference, planned for 18-20 July 2008.” The letter notes that UCC is a key accused in a criminal case related to Bhopal disaster, and is a declared absconder as it has not responded to the summons. It mentions several other environmental and legal liabilities of Dow in support of the call. Around 500 others, mainly alumni of IIT Bombay, have signed a Petition which makes a similar call. The organisers of the event have not yet responded to this.

UCC (and by implication Dow), tries to disassociate itself from the Bhopal tragedy by saying that “In 1994, Union Carbide sold its entire stake in UCIL to MacLeod Russell (India) Limited of Calcutta, and UCIL was renamed Eveready Industries India, Limited (Eveready Industries). As a result of the sale of its shares in UCIL, Union Carbide retained no interest in — or liability for — the Bhopal site.” (http://www.bhopal.com/ucs.htm ) This is a specious argument at best, and legally untenable. Sale of UCIL does not relieve UCC of the criminal liability, and it is UCC which is named in the criminal cases, and it is UCC that is the declared absconder. Dow, as 100% owner, is fully accountable for the liabilities of UCC. As recently as February 2008, the Union law ministry of India has underscored that Dow Chemical would have to face all the pending legal liabilities of Union Carbide.

Given all this, it would be unfortunate if IIT Bombay still continues with Dow’s sponsorship of the event. It would certainly taint the Golden Jubilee functions. Lest it be said that this is all last minute, it should be pointed out that many alumni and faculty have been raising this issue for months now.


What about others?

Moreover, this whole discussion also raises the need to go beyond Dow. IIT Bombay, its faculty and its alumni, by their very nature are required to have interactions with the corporate sector. Indeed, there is a need to increase and deepen the relationship between IITs and the corporate sector. Given this, it is very important which corporations IIT Bombay chooses to associate itself with, and chooses not to associate with. This would go also for the alumni associations. This is really critical as the IITs, its various Alumni bodies, and their activities have become very high profile in the recent years. They send strong signals to society, and IITs and its alumni are among the key opinion makers. If this is so, then it is essential that this role be played in a responsible manner. This means that IIT Bombay does not associate itself with corporations (and others) that are at least blatantly guilty of serious violations of environmental, human rights and legal norms.

There are some arguments presented against taking such stands. Sometime back, when there was similar controversy over IITs accepting some funding from Dow chemicals, an alumnus said that “Instead of trying to be holier than thou, and becoming judge, jury and executioner all at once, IITians should let the courts and the legal system take their course, and IITs should be open to taking funds for ethical projects and fellowships from any corporation that abides by the laws of India.”

Leaving aside the Dow case, where UCC is not abiding by Indian law and has been declared absconder, this argument would be useful in a perfect world, where the law, ‘taking its own course’ reaches justice. But the world is not perfect, and India particularly far from it. If one goes by what the law has decided, India would be one of the most corruption free country in the world. Indeed, history (and current events) shows that more often than not, the law and the legal system side with and protect the interests of the powerful and the elite, and tend to neglect or even push aside those of the weaker sections. In any case, issues of environment and human rights go much beyond the mere legal framework.

That is why it is incumbent on society – and its leaders - to take stands (and actions, and extend support) on such matters, if we ultimately want a society based on the principles of justice and fairness. That is why it is important for IIT Bombay and alumni to show that they are not ready to bestow credibility on those responsible for serious social and environmental wrong-doings. We need to show that we are not isolated from larger societal questions in this context.

It is also argued that this is a very difficult thing to do. How do we determine who is blemished and who is not? It is not easy to establish the responsibility of any specific entity in such matters. There are claims and counter claims. The risk of ending up being holier than thou, and playing judge and jury is real. But this should not be a reason for not taking stands - for then we will end up taking stands on virtually nothing - which is in itself a stand! Moreover, if IIT Bombay and its alumni do not want to deal with a problem because it is tough to handle and involves difficult choices – then we should stop patting ourselves on the back.

However, the very fact that many of the alumni and faculty have raised the issue of Dow and have initiated processes making people think indicates that there is willingness to grapple with the issue. The need is to do this in more formal ways, and institutionalise them. May be IIT Bombay, and its various Alumni associations can set up a committee to draw out criteria for accepting sponsorships. There could be a process of wider alumni consultation in this. May be the various alumni gatherings and some of the Golden Jubilee celebration get-togethers could discuss this. I am confident that IITs can set up processes that would help in identifying at least the most blatant offenders.

If sponsorships, funding and support from blatant offenders are refused, it will be an important support to people all over the world struggling against such abuses. It will also send strong signals to society that IIT Bombay and its alumni are concerned about their social responsibility and take it seriously.

Till then, the logo of the likes of Dow will sit at the top of the Golden Jubilee Gala website, (http://gj2008.iitbombay.org/) giving an entirely different meaning to its slogan “Looking Ahead – the Next 50 Years”.

Shripad Dharmadhikary
Shripad Dharmadhikary is an alumnus of IIT Bombay.

Welcome to My Blog

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