22.6.10

GoM recommendations on Bhopal



The group of ministers (GoM) on the Bhopal gas tragedy recommended a hike in compensation for victims, review of the verdicts of the Supreme Court and trial court which are seen as being unfair to them and lenient to the accused, and a fresh effort, backed by evidence of graver charges, for the extradition of the fugitive former head of Union Carbide, Warren Anderson. As per the GoM’s recommendation, families of the deceased would be provided Rs 10 lakh instead of the Rs 1-3 lakh provided earlier. Those with permanent disability will receive Rs 5 lakh as against the Rs 50,000-Rs 2 lakh they got earlier, while those with lesser injuries will get Rs 1 lakh. Patients of cancer and renal failure will get Rs 2 lakh. But the government has decided not to look afresh at the classification and decisions taken on the claims by the welfare commissioner, Bhopal.
The GOM’s report—which recommends pursuing Anderson, enhancing compensation and a total package of Rs 1,320 crore for rehab of victims, environmental clean up and all other costs—will be taken up by the Union cabinet for consideration on June 25. While a sum of Rs 300 crore will be set apart for the clean-up job, Rs 227 crore has been earmarked for upgradation of seven hospitals, including the Bhopal Memorial Trust hospital which was set up in the aftermath of the tragedy. Importantly, the GoM has steered clear of the mystery around the arrest and release of then UCC chief Warren Anderson. Fingers have been pointed at the Rajiv Gandhi-led Centre and Arjun Singh-led MP government while diplomats have spoken of a ‘safe passage’.
A new request for the extradition of Anderson from the US will be made by India in the light of the fresh evidence that has surfaced against the fugitive as mentioned in the June 7 trial court judgment. India will take the stand that the ex-UCC chief technically still faced serious charges under Section 304-II (culpable homicide) of the IPC as he was not a party before the Supreme Court in 1996 when the culpability was diluted to a lighter Section 304 A (criminal negligence).
Though India had made the extradition request in 2003, the US had turned it down saying it did not meet the requirements of the extradition treaty. Besides making a fresh extradition effort, the Centre will also file a curative petition in the SC for review of its infamous 1996 judgment diluting the charges against the accused from the stringent section 304-II to section 304A of the IPC.
The second curative petition seeking to review the 1991 judgment endorsing the court-guided settlement between UCC and Union of India for a $470 million Settlement Fund will also be filed. Besides, the GoM also recommended a revision petition before the Jabalpur HC under Section 397 against the judgment of the trial court, arguing that it be set aside and the case referred to the sessions court for a fresh trial under sections 304-II, 324 (causing hurt), 326 (causing grievous hurt) and 429.
These recommendations are based on the evidence dug out from the Bhopal gas leak case trial records.

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