Bohpal Disaster

[Orion]

A court in India has issued a warrant for the arrest of the former head of the American chemical company responsible for a gas leak that killed at least 10,000 people in Bhopal 25 years ago.

Warren Anderson was the head of Union Carbide Corp. when its factory in the central Indian city leaked 36 tonnes of poisonous gas on Dec. 3, 1984 — the world's worst industrial disaster.

More than 555,000 people who survived the initial disaster are thought to have suffered aftereffects, though the exact number of victims has never been determined. Many have died over the years from gas-related illnesses, like lung cancer, kidney failure and liver disease.

On Friday, in response to a recent appeal by a victims' group, Bhopal's chief judicial magistrate Prakash Mohan Tiwari ordered the arrest of Anderson, who is reportedly living in the U.S. Tiwari also ordered the Indian government to press the U.S. for Anderson's extradition.

Anderson was arrested in India immediately after the disaster, but he quickly left the country. The Indian government has since said it did not know where he was.

In Bhopal, victims and civil rights activists who gathered outside the court cheered at the news of the order.

In 1989, Union Carbide paid $470 million US in compensation to the Indian government and said officials were responsible for the cleanup. Victims accuse New Delhi of delaying distribution of the funds.

The government says its efforts were slowed when Dow Chemical Co. took over Union Carbide in 2001, seven years after Union Carbide sold its interest in the Bhopal plant. Dow maintains that the 1989 settlement resolved the legal case.

Although the compensation money has been tied up by government corruption, there is also the separate issue of bringing this corporate giant to justice. The U.S. often preaches responsibility to developing nations, and many also excuse corporate behavior in foreign countries because we blame those foreign countries for having lax regulations, but what happens when those countries want to show some accountability?

Should Anderson be extradited? My answer is yes.

 

[RightinNYC]

Although the compensation money has been tied up by government corruption, there is also the separate issue of bringing this corporate giant to justice. The U.S. often preaches responsibility to developing nations, and many also excuse corporate behavior in foreign countries because we blame those foreign countries for having lax regulations, but what happens when those countries want to show some accountability?

Should Anderson be extradited? My answer is yes.

Absolutely not.

Should we extradite anyone whom the public in other countries believes is a bad person? Does anyone think that he would get anything close to a fair trial?

I have additional issues with the idea of punishing individual corporate executives for injuries caused by a corporation, especially where there is no evidence that the injuries were proximately caused by that individual's actions.

 

[Orion]

Absolutely not.

Should we extradite anyone whom the public in other countries believes is a bad person? Does anyone think that he would get anything close to a fair trial?

I have additional issues with the idea of punishing individual corporate executives for injuries caused by a corporation, especially where there is no evidence that the injuries were proximately caused by that individual's actions.

Then you should have no problem with foreign countries refusing extradition requests from the United States just because its laws and penal code deem someone bad. It's not a one way street.

Also, I have read up on the Bhopal incident. The execs all fled the country when it happened, leaving the aftermath to the local authorities and community. They clearly knew something, or in the least wanted to escape responsibility. It has taken this long for India to decide it even wants to charge people formally. If it were simply a matter of populism, that decision would have been made a long time ago.

I'm not convinced the trial would be unfair. In any case, if companies want to outsource to places like India or China, they need to realize they are subject to local law. If this happened in the U.S., the execs. would be charged immediately.

 

[RightinNYC]

Then you should have no problem with foreign countries refusing extradition requests from the United States just because its laws and penal code deem someone bad. It's not a one way street.

If the act that occurred is something that is criminal in both countries, like murder or rape, extradition makes sense.

If it is something that is not criminal in the home country and is not proximately related to the actions of the individual, then it absolutely does not make sense.

Also, I have read up on the Bhopal incident. The execs all fled the country when it happened, leaving the aftermath to the local authorities and community. They clearly knew something, or in the least wanted to escape responsibility.

First, they did not flee the country when it happened - they weren't in the country to begin with. They traveled to India to survey the site on the explicit condition that they would not be arrested while they were there. Despite that, they were arrested 4 days after the incident occurred.

They're not idiots who were going to stay there and be lynched by a mob. Any smart person would do the exact same thing if they got the chance.

It has taken this long for India to decide it even wants to charge people formally. If it were simply a matter of populism, that decision would have been made a long time ago.

They arrested them 4 days later, charging them with homicide. They started the litigation after less than 3 months. They tried to force the US to extradite them in 1987.

I'm not convinced the trial would be unfair.

I don't see how it wouldn't be.

In any case, if companies want to outsource to places like India or China, they need to realize they are subject to local law. If this happened in the U.S., the execs. would be charged immediately.

No, they would not.

How many CEO's can you name who were charged with manslaughter/homicide resulting from accidents at their companies in similar situations?

 

[Renae]

So Orius,

If you owned a company that had a plant in another country... and everything you knew said things were A-OK, then then plant blows up... would you willingly go over and stand trial?

Something tells me you would not.

 

[Black Dog]

Although the compensation money has been tied up by government corruption, there is also the separate issue of bringing this corporate giant to justice. The U.S. often preaches responsibility to developing nations, and many also excuse corporate behavior in foreign countries because we blame those foreign countries for having lax regulations, but what happens when those countries want to show some accountability?

It was an accident and the company is/has paid restitution. Unless he was somehow criminally negligent, no.

"Plant design modified by Indian engineers to abide by government regulations and economic pressures to reduce expenses contributed most to the actual leak. The problem was then made worse by the plant's location near a densely populated area, non-existent catastrophe plans and shortcomings in healthcare and socio-economic rehabilitation. Analysis shows that the parties responsible for the magnitude of the disaster are the two owners, Union Carbide Corporation and the Government of India, and to some extent, the Government of Madhya Pradesh." - [ame=http://en.wikipedia.org/wiki/Bhopal_disaster]Bhopal disaster - Wikipedia, the free encyclopedia[/ame]

Should Anderson be extradited? My answer is yes.

"The Union Carbide India, Limited (UCIL) factory was established in 1969 near Bhopal. 51% was owned by Union Carbide Corporation (UCC) and 49% by Indian authorities" - [ame=http://en.wikipedia.org/wiki/Bhopal_disaster]Bhopal disaster - Wikipedia, the free encyclopedia[/ame]

Until the Indian officials (government) are arrested for their participation and 49% ownership we should under no circumstance extradite this man.

 

[underdog334]

Statute of limitations?

 

[Red_Dave]

Absolutely not.

Should we extradite anyone whom the public in other countries believes is a bad person? Does anyone think that he would get anything close to a fair trial?

What makes you think we wont? If anything it will be unfair in his favor

 

[Tashah]

Have any Indian government officials or Indian Bophal plant managers or employees been charged and prosecuted?

 

[DamnYankee]

It's been 25 years, already? Seems like it happened just yesterday. I must be getting old.

 

[Black Dog]

Have any Indian government officials or Indian Bophal plant managers or employees been charged and prosecuted?

I am not certain but I don't think anything was done as they blamed it all on this one guy.

Go figure?