Indian Holocaust My Father`s Life and Time - SIX HUNDRED THIRTY FOUR
Palash Biswas
http://indianholocaustmyfatherslifeandtime.blogspot.com/
http://basantipurtimes.blogspot.com/
Indian Judiciary Defends Zionist Corporate Imperialism and Ethnic Cleansing as Supreme Court Rejects Harsher Sentences for Bhopal Disaster!I have been talking to friends countrywide for last few years about Strategic Marketing of Genocide in Rural Agrarian Aborigin Indigenous India as Brahaminical CIVIL Society, Media, NGOs Foreign Funded and Intelligentsia align with Brahaminical Hegemony for Polarisation of Hindutva forces to push for Economic Reforms and ForeignCapital Inflow coinciding with Rergence of US Model Pro Democracy Movement. MANDATE was Manipulated in Last Loksabha Elections led by Pro Active Brahaminical Elements. Now, Exit Polls and Opinion Surveys show the TREND of a Spectacular Repeat in favour of LPG Mafia Extra Constitutional Rule in India. Babari Mosque Verdict Stay last day was meant to evoke Hindu Nationalism while Bhopal Gas Tragedy stance of the APEX court suggest how Indian Judiciary has been Transformed into a TOOL to defend the NUCLEAR Strategic Alliance of ZIONIST Manusmriti Hegemony in India and Corporate Imperialsm!Meanwhile,Nationwide Public Awareness Campaign and Jail Bharo ANDOLAN against Brahmin COPNGRESS Rule of Injustice and Atrocities! Reports Mulnivasi Nayak!
Unless the Excluded Communities do mobilise themselves against the Hegemony, no RESPITE possible as Anti Land Acquisition Movement headed by Brahaminical Poitical Parties only do DIVERT the Liberation movement as Mamata Banerjee and her allies betrayed with SINGUR and Nandigram, while Wiping out the LEFT and Strengthening the LPG Mafia Government. In Noida, also the CROWN Prince of the Ruling Hegemony has taken over HELMS!
Bhopal gas tragedy: Supreme Court rejects CBI plea to re-open http://youtu.be/PF2YSQqLHZkase
Unfazed by the rejection of CBI's curative by the Supreme Court in Bhopal Gas tragedy case, government today said the option of seeking stringent punishment for the convicts was still open and it would be pursued.
Law Minister Veerappa Moily also insisted that the curative petition had nothing to do with the compensation to be given to the victims which the government was handling separately.
"The doors are still open as the issue of seeking a stringent punishment for the convicts in the local court can still be pursued...this has been made clear by the Supreme Court itself. The government would certainly exercise that
option," Moily said.
He was commenting on the Supreme Court rejecting the CBI petition for stringent punishment against the convicts in the 1984 tragedy.
"We will go by the decision of the Supreme Court," he added.
Giving the background of the decision to file the curative petition, Moily said after this matter came up, the Group of Ministers (GoM) had decided on it in its "due wisdom" after obtaining the opinion from the Attorney General.
GoM was headed by Home Minister P Chidambaram.
Soon after the SC verdict, Attorney General G E Vahanvati and CBI director A P Singh met Moily apparently to discuss the issue.
Moily said the government and the CBI cannot be blamed for the delay in filing the curative petition as the matter was already pending in a lower court in Madhya Pradesh.
When asked about his decision to draft a "stand-alone" law to deal with man-made disasters after the June 2010 court verdict let off the convicts with lighter punishments, he said the process was still on.
Exit polls say Mamata likely to sweep WB, split on TN, Kerala
The Left Front's 34-year rule in West Bengal is set to end with the Trinamool Congress-led alliance likely to win three-fourths of the seats.
- Quiet 48th birthday for Raja at Tihar
- Bhopal gas case, Amar Singh tapes verdict today
- Netai and Lalgarh vote with a vengeance
- 'Urbanites spending over Rs20/day aren't poor'
http://economictimes.indiatimes.com/news/economy/indicators/emerging-market-economies-growing-pranab/articleshow/8248701.cms
Taking on Uttar Pradesh Chief Minister Mayawati , Rahul Gandhi today joined the land war at Batta Parsaul village, pledging full support to farmers fighting against acquisition and promising not to desert them till their demands are met.
Sneaking into Batta Parsaul village , the epicentre of the agitation in Western Uttar Pradesh, in the wee hours riding pillion on a motorcyle, he sat with the agitating farmers throughout the day in scorching heat to emphathise with their cause and women who lost their men.
"I feel ashamed to call myself Indian after seeing what has happened here. The (state) government here has unleashed atrocities on its own people," the Congress General Secretary told the farmers.
Even as he sat on a dharna, a war of words erupted, with BJP terming it as a "drama" and wanting to know why the UPA government was still not acting on his earlier promise of bringing Land Acquisition Bill in Parliament.
Meanwhile,ISLAMOPHOBIA follwed by Ossama BIN Laden Episode and Babri Mosque Verdict takes an Internationa dimension as With a new chill in US-Pakistani ties following Osama bin Laden's killing, Prime Minister Manmohan Singh is all set to travel to Afghanistan, a visit sure to rankle Islamabad.
It will be the first trip to Kabul after August 2005 by a prime minister from India, which for decades has quietly competed with neighbour Pakistan for influence in strategically placed Afghanistan.
Details of Manmohan Singh's journey are a closely guarded secret here. Officials say they are ignorant about the travel dates and that this would be known only 36 hours before Manmohan Singh takes off.
One reason for the secrecy -- normally the prime minister's travel dates are known weeks in advance -- could be security concerns.
India's close association with the Hamid Karzai regime and its intense dislike for the Pakistan-backed Taliban have made it a target of militants in Afghanistan believed to be linked to Islamabad.
But while not talking about the prime minister's impending visit, Indian officials insist it has no desire to reduce Pakistan's influence with policy makers in Kabul.
But a deeply suspicious Pakistan persuaded Ankara to exclude India from a 2010 meeting Turkey hosted on reconciliation efforts in Afghanistan.
India was incensed. "No one country can have veto over Afghanistan," an official here said.
India wants a role commensurate to the billions of dollars it has poured into rebuilding Afghanistan.
"We are for a regional approach to Afghanistan which will include all its neighbours including India, Iran, Russia, Central Asian countries, China and of course Pakistan," said the official. "We are certainly not looking to exclude Pakistan."
Pakistan, which had staunchly backed the Taliban regime (along with Saudi Arabia and the United Arab Emirates) until the US ousted it, is determined to have "strategic depth" in Afghanistan.
It is bitterly opposed to the four consulates India has in Afghanistan apart from its embassy in Kabul. These include two opened in Mazhar-e-Sharif and Herat after the Taliban's ouster and two others reopened in Kandahar and Jalalabad which had remained shut since 1979.
Pakistan says these are used by India as "listening posts" and to fuel money and weapons to terrorists in Balochistan.
As an US ally in the war on terror, Pakistan had been trying to claim a large role in Afghanistan if and when the Americans withdraw. Knowing this, New Delhi is opposed to a total US pullout from Afghanistan.
But with the May 2 killing of Osama by US commandos deep in Pakistan taking Washington-Islamabad ties to an all-time low, Indian experts think New Delhi will be better heard both in Kabul and by Washington.
Both India and Afghanistan have repeatedly accused Pakistan of sponsoring terroristm and giving sanctuary to terrorists. The US had carefully played a middle road -- until Osama was found holed up in Abbottabad.
India spends $1.3 billion annually on Afghan projects ranging from roads, rails, education and health sector. It is also building the new parliament in Kabul.
Hundreds of Indians are involved in various projects, and at least five have been abducted and killed by the Taliban. The Indian embassy in Kabul has been bombed twice.
Manmohan Singh's trip will also be in answer to the annual visits Karzai makes to India, one of the places where he was educated. Karzai was in New Delhi the last time in February this year.
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Moneycontrol.comBhopal gas tragedy survivors unhappy with SC decision
2 hours agoSurvivors of Bhopal gas disaster today said the Supreme Court decision to dismiss the Central Bureau of Investigation's (CBI) curative petition has come ...Business Standard - 331 related articles -
SC rejects CBI plea to re-open Bhopal gas tragedycase - Rediff ...
11 May 2011 ... The bench headed by the Chief Justice SH Kapadia will pass its verdict over the petition seeking to recall the apex court's 14-year-old ...
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Bhopal gas tragedy: 8 found guilty, get bail - Times Of India
7 Jun 2010 ... BHOPAL: The seven Indian Union Carbide India Ltd (UCIL) officials convicted in the 26-year-old Bhopal gas tragedycase have been granted ...
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Explore Profile of Bhopal Gas Tragedy at Connect.in.com, seeBhopal Gas Tragedy web of connections, news, videos, photos and post your opinions.
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SC says no to reopening Bhopal case
The eight convicted will now get away
New Delhi: The Supreme Court of India has turned down the Central Bureau of Investigation's curative petition in the Bhopal Gas case today.
The bench headed by the Chief Justice SH Kapadia passed its verdict over the petition seeking to recall the apex court's 14-year-old judgment that had diluted the charges against the accused who were prosecuted just for the offence of being negligent.
Last month, the apex court had questioned the CBI for approaching it 16 years after it had diluted in the charge of culpable homicide not amounting to murder against the accused in the Bhopal gas tragedy case.
Then, a five-judge special bench headed by Chief Justice S H Kapadia had raised the question on delay and asked the CBI as to why it had not filed the review petition during all these years.
Attorney General G E Vahanvati, appearing for the CBI, said: "I don't know why it was not filed by the CBI but a review petition was filed in the case by someone else and it was dismissed."
He said there was a series of illegal omissions on the part of the accused from 1982 onward which led to that disaster.
He further said there was serious security default besides a default in the design in the plant which led to the disaster.
The bench was then hearing a petition filed by the CBI seeking to recall the apex court's 14-year-old judgement that had diluted the charges against the accused who were prosecuted just for the offence of being negligent.
The CBI petition sought restoration of the stringent charge of culpable homicide not amounting to murder instead of death caused due to negligence against the accused.
The Supreme Court had on August 31 last year reopened the Bhopal gas leak case and issued notices to all the accused on the basis of a petition filed by the CBI seeking to restore against them the stringent charge of culpable homicide, which attracts a maximum punishment of ten years jail term.
In in-chamber proceedings, a bench comprising Chief Justice S H Kapadia and Justices Altamas Kabir and R V Raveendran sought response from the accused on the curative petition filed by the CBI, which wanted a reconsideration of the 1996 judgement, which diluted charges against former Union Carbide India Chairman Keshub Mahindra and six others.
In the early hours of December 3, 1984, around 40 metric tonnes of toxic methyl isocyanate (MIC) gas leaked into the atmosphere and was carried by the wind to the surrounding slums.
The government says around 3,500 died because of the disaster. Activists however calculate that 25,000 people died in the immediate aftermath and the years that followed.
Source: ANI
Pak paid UK MP £135,000 for promoting Kashmir case
Islamabad: Pakistan government paid British parliamentarian George Galloway £135,000 from a secret fund for promoting its case on the Kashmir issue, according to information provided to a Parliamentary panel.
The revelation was made yesterday when the Public Accounts Committee (PAC) of the National Assembly or lower house of Parliament examined an audit report. Foreign Secretary Salman Bashir, who attended the meeting of the PAC, said the issue could not be discussed before the media present at the venue.
He said the audit report involved the Foreign Ministry's secret fund and should not be taken up at an open forum. The PAC was informed that £135,000 had been refunded by Galloway, then a member of the British Parliament.
The amount was paid to him from the "Pakistan projection fund" by the Pakistan High Commission in London but it was never credited to the government account. The audit report said the Foreign Ministry did not provide an official record of the transaction despite repeated reminders.
The PAC has questioned the use of secret funds on several occasions. Bashir told the panel that an in-camera session could be arranged if PAC members were interested in learning the specifics of secret funds used by the Foreign Ministry in the past.
Yasmin Rehman of the ruling PPP, who was presiding over the PAC meeting, accepted the Foreign Secretary's contention and said that the committee would not have been put the matter on its agenda if it had known about the sensitivity of the issue.
She advised the Foreign Office to inform the PAC in advance about such issues so that in-camera meetings could be held.
During yesterday's meeting, the PAC also took up the sale of the Pakistan Embassy complex in Tokyo at a price far below the market rate, leading to a loss of six billion Japanese yen, and the sale of Pakistan embassy building in Jakarta without mandatory permission from the Foreign Ministry.
Source: PTI
Rahul Gandhi joins land war in UP, pledges support to farmers
GREATER NOIDA: Taking on Uttar Pradesh Chief Minister Mayawati , Rahul Gandhi today joined the land war here, pledging full support to farmers fighting against acquisition and promising not to desert them till their demands are met.
Sneaking into Batta Parsaul village , the epicentre of the agitation in Western Uttar Pradesh, in the wee hours riding pillion on a motorcyle, he sat with the agitating farmers throughout the day in scorching heat to emphathise with their cause and women who lost their men.
"I feel ashamed to call myself Indian after seeing what has happened here. The (state) government here has unleashed atrocities on its own people," the Congress General Secretary told the farmers.
Even as he sat on a dharna, a war of words erupted, with BJP terming it as a "drama" and wanting to know why the UPA government was still not acting on his earlier promise of bringing Land Acquisition Bill in Parliament.
The Congress, on its part, said it was keen to get on early passage of the bill in Parliament.
Gandhi, who sat with the farmers for over 12 hours, said he associated with them as they were demanding their "right" and there was "nothing wrong" in it.
"I want to tell you that I am with you till your demands are met. Till your work is not done, the Congress party will not desert you," he said to a thunderous applause from the gathering which shouted slogans hailing him.
He said an official had told him that the agitation was like "naxalism" but he had found that the farmers were peacefully making their demands.
Gandhi demanded a judicial inquiry into the exchange of fire on Saturday last between farmers and police in which two farmers and two policemen were killed.
Earlier, after reaching the village at 4 AM along with party colleague Digvijay Singh, he heard the farmers and had tea with them. He also visited various hamlets.
SDM Vishal Singh met Rahul and asked him to end the dharna in view of the potential security risk to him in view of the situation in the area. Vishal Singh also expressed inability to provide security as he had come without intimation.
But the young Congress leader told the official that unless their demands are met he will not leave the village. The demands also included release of detained farmers.
Digvijay Singh said till a judicial inquiry submitted a report no action should be taken against the farmers in respect of FIRs lodged against them. He also demanded that all arrested farmers be released and that there should not be any forcible land acquisition.
Indian Court Rejects Harsher Sentences for Bhopal Disaster
Anjana Pasricha | New Delhi May 11, 2011
Photo: AP
Activists of All India Youth Federation raise slogans against America, Indian government and Warren Anderson, the head of Union Carbide Corp. at the time of the gas leak, during a candlelight vigil in New Delhi, India (File Photo)
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India's top court has turned down a plea to reopen a case aimed at getting a stronger punishment for those found guilty for the 1984 gas leak in Bhopal, which killed thousands of people. The judgment has disappointed activists who have campaigning for more than a quarter century for stronger penalties for what is widely called the world's worst industrial disaster.
Public outrage
A five-judge bench of the Supreme Court refused a plea by the government to reinstate stronger charges against seven Indian employees of U.S. chemical firm Union Carbide, whose plant in Bhopal leaked toxic gases on sleeping residents 27 years ago.
The two-year prison sentences handed down to them last year had triggered public outrage. Representatives for the victims complained those found guilty came off with relatively light punishments for a disaster that killed thousands and left tens of thousands more struggling with its consequences.
Bhopal victim activists say the seven men got away with light sentences because a 1996 court ruling had reduced the charge against them to the relatively minor one of death by negligence.
After the government promised to seek harsher penalties, public prosecutors approached the top court last August to reopen the trial and restore the more serious charge of culpable homicide.
But the Supreme Court has said the government has not given sufficient reason to build a case of culpable homicide. The court also questioned why the government waited for 14 years to reinstate the stronger charges.
Victims speak out
Victims in Bhopal and activists expressed deep disappointment with the verdict.
Survivor Rasheeda Beehas, who been on the forefront of the fight for justice for the Bhopal victims, says it has been established that negligence of officials of the Union Carbide plant in India and the United States caused the disaster, and she had hoped that the Supreme Court would ensure that those guilty of causing so many deaths and so much suffering would get 20-year prison terms.
Rachna Dhingra is an activist with the Bhopal Group for Information and Action, which is working to rehabilitate victims and get speedier justice for them. She blames the government's investigative agency, the Central Bureau of Investigation, for mishandling the case.
"Here we are stuck with a prosecution that really has no interest, no competence in fighting this case," she said. "This attitude has to change."
The activists and campaigners have promised to carry on their fight.
Seeking justice
The government says it is doing its best to see that justice is done. It has also filed a petition in the Supreme Court to seek higher compensation for the victims from Dow Chemical company, which bought Union Carbide in 2001.
Under the original compensation package, which was brokered in 1989, Union Carbide agreed to pay the Indian government $470 million in damages.
The Indian government says 3,500 people died in the days after the disaster. Activists put the toll at more than 20,000, pointing out that many have died in the years since from the lingering effects of the toxic leak.
http://www.voanews.com/english/news/asia/south/Indian-Court-Rejects-Harsher-Sentences-for-1984-Bhopal-Disaster-121627474.html
India-US trade may reach $100 bn in three years
Trade between India and the US is expected to grow to $100 billion within two to three years while Indian companies are strengthening their presence in the US across various sectors, a senior Indo-American Chamber of Commerce (IACC) official said Tuesday.
"I expect the trade between both the sides to reach around $100 billion within two-three years time," IACC president Gautam Mahajan told IANS, adding that the trade volumes would increase due to the growth of several sectors like food processing, education and infrastructure.
According to Mahajan, corporate India, which is strengthening its presence in the US, is also expected to invest around $10 billion in the next five years to start greenfield projects in sectors such as manufacturing and services.
"Apart from trade, the other rising sector in the bilateral business is that of Indian investments going to the US, which could be around $8 billion to $10 billion in the next five years. This is a new trend altogether because earlier Indian corporates used to buy established companies and now they are going for greenfield projects," he added.
Mahajan was also upbeat about the IACC's upcoming chapter in New York, set to be inaugurated on May 25.
"This new chapter will add impetus to business and trade between both sides," he said.
The start of the new chapter will be followed by a seminar which would focus on emerging sectors like education, infrastructure and small and medium enterprises (SME).
"Around 75 representatives of various companies across sectors would participate in the Summit for US-India Trade and Economics (SUITE) 2011 from the Indian side," he said.
11 MAY, 2011, 10.03PM IST,REUTERS
Barack Obama ahead of Republicans at 2012 election
WASHINGTON: President Barack Obama has a wide lead over potential Republican rivals for the presidential election in 2012, but faces serious doubts about his handling of the US economy, a poll found on Wednesday.The survey offered a boost for the US president after the killing of al Qaeda leader Osama bin Laden. Now, 45 per cent of Americans believe he will win re-election, a 1O-point rise from a poll taken before November's congressional elections.
The field of possible Republicans challengers to Obama has not generated much enthusiasm so far, with several waiting to announce their candidacy.
Obama, who made history by becoming the first African-American president in 2008, leads possible Republican candidates by double digits.
He polls above 50 per cent when compared to his closest rivals, former Arkansas Governor Mike Huckabee and former Massachusetts Mitt Romney, according to the poll.
Obama leads Huckabee by 51 per cent to 39 per cent, and Romney 51 by per cent to 38 per cent.
The president's approval rating is at 49 per cent, a 3-point increase over last month, amounting to only a modest bounce after the bin Laden operation. Other surveys have given him a slightly larger post-bin Laden boost.
Obama got no lift on the economic front, the issue that is likely to determine whether he wins again in 2012.
Only 34 per cent of Americans approve of his handling of the economy, a finding linked directly to a surge in gasoline prices to around $4 a gallon. It was the lowest approval for Obama on the economy in the Ipsos poll since he took office in January 2009.
Although employers have been hiring at a faster rate in recent months, Americans are still grappling with 9 per cent unemployment.
"The economy and jobs are definitely the No. 1 issues," said Ipsos pollster Julia Clark.
While the successful bin Laden mission pushed Obama's approval rating on handling terrorism to 59 per cent, "that is probably not enough to swing an election because we know the economy is the most important issue," Clark said.
American attitudes about whether the country is on the right or wrong track have improved. Now, 56 per cent think the country is on the wrong track, up sharply from the 69 per cent who thought so last month.
The survey was conducted May 5-9. A randomly selected sample of 1,029 adults was interviewed by telephone, both landlines and cell phones. The results are considered accurate to within 3 per centage points.
Osama Bin Laden's son Omar says US broke international law
In a statement Omar said 'Arbitrary killing is not a solution to political problems, justice must be seen to be done.'
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India's list of 50 most wanted terrorists in Pakistan
New Delhi: India has handed over to Pakistan a fresh list of its most wanted 50 fugitives allegedly hiding in that country which includes runaway don Dawood Ibrahim and some 20 members of his underworld group.
Lashkar-e-Taiba (LeT) chief Haafiz Saeed tops the list, which officials said was handed over to Pakistani Interior Secretary Qamar Zaman Choudhary during his talks with Home Secretary G.K. Pillai in Delhi March 28.
It also includes LeT leaders who India says were the handlers of the 10 Pakistani terrorists who slaughtered 166 people in Mumbai during the Nov 26-29, 2008 terror attack. They are Sajid Mir, Abu Qahfa, Mazhar Iqbal and Zakiur Rehman Lakhvi.
The list also includes suspected army officials like Major Iqbal and Major Sameer Ali who were allegedly involved in the 2008 attack.
Rehman Pasha, one of the fugitives in the list, is believed to have been the handler of the Indian Mujahideen terror group through the LeT's Karachi Project.
Predictably, Jaish-e-Mohammed chief Maulana Masood Azhar, who was released after the 1999 hijack of an Indian Airlines aircraft to Kandahar, also figures in the list.
Source: IANS
11 MAY, 2011, 09.37PM IST, MAN MOHAN RAI,ET BUREAU
Rahul Gandhi on an indefinte dharna; Mayawati govt faces crisis
LUCKNOW: In what could turn out to be Mayawati government's biggest political crisis, Congress General Secretary Rahul Gandhi sneaked into Bhatta Parsaul village on the fringes of Greater Noida which has been at the epicenter of recent farmers violence against forcible land acquisition to begin an indefinite agitation in support of the villagers.While the state government had till late evening not reached out to resolve the stalemate, Rahul Gandhi insisted that he would continue to sit on an indefinite dharna (agitation) at the village till their demands are not met.
Unconfirmed reports said that he had cancelled all his appointments for the next four days and if he continues to camp in the village the state government would take a major beating.
The farmers anger against massive land acquisition started by the Mayawati government erupted last week on Saturday in the twin villages of Bhatta and Parsaul where farmers clashed with the police, leaving four dead.
With Rahul Gandhi now joining their fray and camping in the village indefinitely, it could turn out to be a massive crisis staring in the face of Chief Minister Mayawati.
The Gandhi scion reached the village early in the morning riding pillion on a motorcycle. According to Congress sources, he had planned his visit in advance so that the police were not able to stop him from going inside the village.
Earlier this week senior BJP leader Rajnath Singh, RLD Chief Ajit Singh, and Samajwadi Party leader Shivpal Singh Yadav had tried to reach the village but had returned after the police stopped them from proceeding further.
Rahul Gandhi started from his Delhi residence at around 4:30 in the morning and on reaching the rural areas switched vehicles to sit pillion on the motorcycle of a villager so as to avoid attention.
Taking care not to be identified by the large number of police and PAC men deployed in the area he managed to sneak inside Parsaul village at around 6:30AM.
Even as the villagers were waking up Rahul Gandhi entered the village and mingled with the farmers and listened to their problems.
TV channels showed women crying while narrating the horrors of police atrocities when farmers staged a protest last Saturday and the strong arm tactics adopted by the administration to acquire land.
Rahul Gandhi walked all around the Bhatta and Parsaul village listening to their demands and later had breakfast of jaggery and 'muttha' in one house.
A chaupal meeting was held were villagers gathered around Rahul Gandhi and said that their was a fertile land lying in the Doab belt and were being forced to give it up for Rs 4 lakh a bigha.
Villagers said that the administration was forcing people to surrender their land at low rates while corporate houses were minting money. The farmers said that land was being acquired from them at the rate of Rs 850/square meter while the same was being sold by real estate property developers at more than Rs 10,000/ square meter.
Emerging market economies growing: Pranab
NEW DELHI: Finance Minister Pranab Mukherjee today said major emerging market economies are experiencing robust growth, though surge in capital inflows and inflation, especially through hardening of global commodity price , is a source of worry.
Addressing senior officials of Indian Foreign Service, he said in case of Europe, there are still some concerns, with Greece followed by Ireland and now Portugal seeking help from the European Union and the International Monetary Fund (IMF).
There may be other countries in the European Union that may face sovereign debt problems, Mukherjee said, adding there are some concerns on the strength of the post-crisis revival in these economies.
The Minister, however, said he is hopeful that on the whole the year 2011 would see an improvement in the world economy.
Global crude is still above USD 100 a barrel while wholesale price inflation stood at 8.98 per cent in March.
Mukherjee said leaders of the G20 countries have been discussing global financial instability and the resulting economic slowdown.
"...we are engaged in finding ways to ensure better macroeconomic coordination, regulation of markets, strengthening of the monitoring and response mechanisms and promoting growth in a sustainable manner," he added.
At the same time, countries in the developed and the developing world have adopted revival strategies, keeping with their needs, the Minister added.
On country's diplomacy, Mukherjee said, Indian diplomacy has to acquire a decisive economic perspective in its approach.
He said while anchoring the foreign policy primarily towards promotion of national interest, there is a need to engage with the partners in a manner to create strong mutual stakes in each other's development process, in general, and economies in particular.
IMF hails India rate rise
MUMBAI: The International Monetary Fund on Monday hailed moves by India's central bank to hike interest rates in an attempt to curb the rising cost of living.
"The Reserve Bank of India (RBI) has acted successively and substantially, in a clear trend to maintain its policy stance until inflation declines," said the IMF's Asia-Pacific department director Anoop Singh .
"We strongly welcome the RBI's monetary policy actions and are confident that with its stated policy stance, inflation will start trending down in due course," Singh told a news conference in Mumbai.
His comments came after the RBI last week hiked rates by a higher-than-expected 50 basis points.
It was the ninth rate increase in 15 months and came after data showed annual inflation had unexpectedly risen to 8.98 percent in March from 8.31 percent the previous month.
RBI governor Duvvuri Subbarao said short-term economic growth may have to be sacrificed in the fight against inflation, fuelled by rises in the cost of food and commodities such as fuel.
Singh said the IMF expects inflation in India to peak by mid-2011 and then start moderating, echoing the RBI's assessment.
Asian economies including South Korea, Indonesia, Taiwan and China are all battling inflation, which has become a major headache for Indian Prime Minister Manmohan Singh as he oversees a strongly growing economy.
Obama seeks immigration reform lest India, China beat US
WASHINGTON: US President Barack Obama has made an impassioned call for immigration reform projecting it as a boost to America's competitiveness so that China or India don't best it as high-tech leaders.
"We don't want the next Intel or the next Google to be created in China or India," he said in a speech at the US-Mexican border in El Paso, Texas Tuesday. "We want those companies and jobs to take root here."
"Reform will also help to make America more competitive in the global economy," said Obama, noting that the US provides "students from around the world with visas to get engineering and computer science degrees at our top universities".
"But then our laws discourage them from using those skills to start a business or a new industry here in the United States," Obama said. "Instead of training entrepreneurs to stay here, we train them to create jobs for our competition."
"In a global marketplace, we need all the talent we can attract, all the talent we can get to stay here to start businesses - not just to benefit those individuals, but because their contribution will benefit all Americans."
"Look at Intel, look at Google, look at Yahoo, look at eBay," Obama said. "All those great American companies, all the jobs they've created, everything that has helped us take leadership in the high-tech industry, every one of those was founded by, guess who, an immigrant."
"So immigration is not just the right thing to do. It's smart for our economy," he said, making the case that immigration reform would have economic benefits for the middle class and for businesses while also improving national security.
"One way to strengthen the middle class in America is to reform the immigration system, so that there is no longer a massive underground economy that exploits a cheap source of labour while depressing wages for everybody else," Obama said.
"That's why immigration reform is an economic imperative."
Supreme Court wants corrupt judges thrown out | ||||||||||||||
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In a strong message against corruption in the subordinate judiciary, the Supreme Court on Tuesday observed incorrigible judges who were bringing the entire judiciary to disrepute should be thrown out. "A large section of subordinate judges is bringing disrepute to the entire judiciary. We have to hear of judges taking money and can do nothing but hang our heads in shame," a bench comprising Justices Markandey Katju and Gyan Sudha Misra said. "Incorrigible judges should be thrown out," the bench said, while dealing with a contempt petition against an additional district judge (ADJ). ADJ Archana Sinha, who repeatedly pleaded for mercy, had stayed the operation of a Supreme Court order on the eviction of a tenant from a prime property in Connaught Place. "The ( ADJ's) order is quashed as mala fide and void," the bench said, while directing the Delhi High Court to seek an explanation from her. The bench directed the chief justice of the HC to conduct an inquiry into the matter and take such action as he deemed fit. With Sinha's counsel Jayant Bhushan claiming her action was not mala fide, Justice Katju, who initially planned to suspend her with immediate effect, asked: "She sat over the head of the Supreme Court. You want us not to suspend her?" "She had no business to hear the matter. Instead she superseded and overruled us," he said. Bhushan, thereafter, tried to take the court through some documents to show her action was not totally unjustified, but the court was not inclined to consider such pleas. "Once she came to know of the Supreme Court order, all this was irrelevant and she should not have touched the matter," Justice Katju said. "We have to hear of judges taking money. A message has to go. We will not tolerate this," the bench said. At one point, the bench mellowed down when Sinha pleaded for mercy with folded hands. "Hamare pas bhi dil hai (we also hearts too)," Justice Katju said.
No justice after 26 yrs: Bhopal victimsSC rejects CBI plea for more stringent punishment to seven main accused
Agencies  
Posted On Wednesday, May 11, 2011 at 10:49:39 PM
CBI curative plea in Bhopal case 'fallacious,' rules Supreme Court PTIIn this December 2010 file photograph, a survivor of Bhopal gas tragedy holds a placard during a demonstration on the eve of the 26th anniversary of the incident in Bhopal. No satisfactory explanation for filing petitions after 14 years of judgment In a major setback to the Centre, the Supreme Court on Wednesday dismissed as "fallacious" the CBI's curative petitions for recalling its 1996 judgment, which dropped the charge of culpable homicide not amounting to murder against the former chairman of Union Carbide India, Keshub Mahindra, and other accused in the Bhopal gas leak case of 1984. As the Supreme Court had reduced the charges against the accused from Section 304 (II) of the Indian Penal Code — culpable homicide not amounting to murder — to Section 304 (A) — criminal negligence, a trial court in Bhopal in June 2010 awarded them a maximum sentence of two year-imprisonment. Following a public outcry, the Central Bureau of Investigation filed the curative petitions for a direction to frame charges against Mr. Mahindra and others for culpable homicide not amounting to murder that would attract a maximum imprisonment of 10 years. The other accused who got the lesser sentence and were granted bail are the then UCIL managing director, Vijay Gokhale; the former vice-president, Kishore Kamdar; the former works manager, J.N. Mukund; the former production manager, S.P. Choudhary; the former plant superintendent, K.V. Shetty; and the former production assistant, S.I. Quereshi. Now, rejecting the curative petitions, a five-judge Constitution Bench said: "No satisfactory explanation has been given to file such curative petitions after about 14 years from the 1996 judgment." The Bench of Chief Justice S.H. Kapadia and Justices Altamas Kabir, R.V. Raveendran, B. Sudershan Reddy and AfItab Alam, however, made it clear that the September 1996 judgment and order never fettered the CBI or the Madhya Pradesh government from seeking enhancement of charges. Delivering the judgment for the Bench, Chief Justice Kapadia pointed out that the CBI/Madhya Pradesh government did not question the 1996 judgment or file any review petition and instead proceeded, in the next 14 years, to prosecute the accused under IPC Sections 304 A, 336 (act endangering life or personal safety of others) and 337 and 338 (causing hurt/grievous hurt) read with Section 35 (criminal knowledge or intention). The CBI filed an appeal before the sessions court for enhancement of the charges and the State also filed a revision against the magistrate's order awarding a two-year sentence. In these pending appeals "the legal position is correctly stated," the CJI said. But the "curative petitions are based on a plea that is wrong and fallacious. One of the main planks of the curative petitions is that even though in the course of trial before the magistrate, additional evidence has come on record that fully warrants the framing of higher charges and the trial of the accused on those higher charges, as long as the 1996 judgment stands the sessions court would feel helpless in framing any higher charge." The Bench said that if, according to the CBI, the magistrate had failed to appreciate the correct legal position and misread the September 13, 1996 decision as tying his hands from exercising the power under Section 323 or 216 of the Cr.PC it could certainly be corrected by the appellate/revisional court. On the night of December 2, 1984, there was a massive escape of lethal gas from the methyl isocyanate storage tank in Bhopal plant into the atmosphere, causing the death of 5,295 people and leaving 5,68,292 others with different kinds of injuries ranging from permanent total disablement to less serious problems. The accused, other than Warren Anderson (who was chairman and CEO of Union Carbide when the accident occurred), challenged in the Madhya Pradesh High Court the framing of charges by the sessions court. After their plea was dismissed, the Supreme Court in 1996 quashed the charge of culpable homicide not amounting to murder. Keywords: Bhopal gas tragedy case, curative petition, Madhya Pradesh government, CBI, Union Carbide, Kesub Mahindra, criminal negligence NATIONALJamia amends rules, new reservation norms issuedCourt vacates stay on publishing Amar Singh's telephone tape contentsEC focus on TV channels owned by partiesMan dies as chemical container catches fire
May 11 another black day, say anguished Bhopal activistsSocial activists fighting for enhanced punishment to the accused in the Bhopal gas disaster on Wednesday expressed dismay over the Supreme Court's order dismissing the CBI's curative petition and called it "another black day". "Supreme Court today has heaped yet more injustice on victims who have already suffered it earlier — in 1989 on settlement (for compensation) and in 1996 after dilution of penal charges against the accused. May 11 is another black day in the history of Bhopal," social activist Satinath Sarangi told reporters soon after the apex court delivered its verdict. Mr. Sarangi alleged that the state organs, including judiciary, were not keen on justice to Bhopal gas victims. "Why should people suffer because the CBI has not done its job well? The government machinery is not inclined to give justice to victims and this includes judiciary. It (court) could have seen that 1996 judgement equated the corporate massacre with a meagre traffic accident." "The message you are sending out to world is that you can come here, kill us and go back," he added. A five-judge constitutional bench, headed by Chief Justice S. H. Kapadia today dismissed a curative petition filed by the CBI, seeking recall of the apex court's September 1996 order which had diluted the stringent charges of culpable homicide not amounting to murder against the Bhopal gas leakage tragedy accused and had ordered their trial for milder offence of causing death by rash and negligent acts. While the offence of culpable homicide not amounting to murder entails up to ten years of jail term, the offence of causing death by a rash and negligent act fetches a maximum of two years' jail term on conviction. The leakage of the deadly Methyl Isocyanate gas from a Union Carbide plant at Bhopal on December 2-3 night in 1984 has left over 15,000 dead and tens of thousands others maimed for life. Additional Solicitor General Indira Jai Singh, however, saw a silver lining in the apex court's verdict and said, "The judgement very categorically says that Sessions Court in revision case pending, can go ahead and frame charges under section 304—II (culpable homicide not amounting to murder or the unintentional killing) on the basis of the new evidence that has surfaced now. In that sense, it is positive." "The court has opened a door for prosecution of accused under charges of culpable homicide not amounting to murder (304—II of IPC).... It is now up to the sessions court to decide and frame charges," she said. She said that "two years punishment (awarded by trial court earlier) is not enough". Bhopal gas activist Mr. Sarangi, however, expressed dismay and anguish that the 1996 judgement was not set aside. He said, "Last year when trial court heaped this injustice, the whole country had voiced its outrage. Now the Supreme Court has put its stamp of approval on it. This is disgusting. I am disappointed. We have no other way than to go back to the people and for the victims to speak and express their outrage again." Mr. Sarangi pointed out that "the court could have seen that the concept of curative petition came in 2002 only and more evidence from the U.S. federal court surfaced only six months back. New evidence makes things clearer." Activist Madhumita Das also lamented that "people have to suffer for mistakes committed by the governments". "I am shocked. After so many years there was hope for Bhopal victims. For the mistakes of the government and the CBI, the victims have to suffer again," she rued. "The Supreme Court could have taken a more pragmatic view. It is the second time that Supreme Court has failed them (victims)," she said. Another activist Rachna Dhingra said, "At the end of the day, the victims have to pay for CBI's unwillingness and incompetence. As the next step we will seek to have day-to-day hearing of the case in the Sessions Court and seek trial on graver charges in light of the new evidence. Keywords: Bhopal gas tragedy, Supreme court verdict With the bench deciding to let her off with a written apology, the counsel for the landlord, Dushyant Dave, opposed any leniency for the judge. "Let her give an explanation to the high court chief justice. I believe there is a history behind this. The judiciary gets a bad image because of judges like these," Dave said. Opposing leniency, he said: "If it was contempt by someone from the executive, he would have been sent to jail for this." The bench, thereafter, took a tough stand and referred the matter to the HC chief justice after holding in clear terms that her action was tainted with mala fide intentions. | ||||||||||||||
11 MAY, 2011, 03.09AM IST, VIKAS DHOOT,ET BUREAU
PF trusts jittery over tax treatment of gains above 8.5 pc
NEW DELHI: The government's decision to raise the interest rate on employees' provident fund (EPF) savings for 2010-11 to 9.5% while keeping the tax-free ceiling at 8.5% has made the 2,700 PF trusts run by Indian companies jittery over the tax treatment of last year's interest.There is ambiguity over how the 1% differential between EPF rate and the tax-free ceiling should be treated while crediting interest to employees. If the Finance Ministry does not revise the ceiling to 9.5%, it would mark the first time that PF savings are subject to tax.
Industry chambers Assocham has urged the government to align the tax-free cap with the 9.5% rate after several corporate PF trusts raised the issue. "This decision seriously jeopardises salaried employees' interests, whose PF contributions are already under threat of value erosion due to high inflation in the country," Assocham said in a missive to the Central Board of Direct Taxes chairman.
The Employees' Provident Fund Organisation (EPFO) has been urging the Finance Ministry to revise the tax-free ceiling on PF savings in line with the 9.5% rate. But with no notification in sight two months into the new financial year, crediting the 9.5% interest to employees has become a tax risk for the 2,700 PF trusts managed by India Inc.
The EPFO has begun crediting interest to PF accounts without taxing the extra 1% interest over the notified ceiling. But company-run trusts are in a bind as they are subject to scrutiny from both the tax and the PF authorities.
"Some companies have started taxing workers on the extra interest over 8.5%, others have paid 8.5% and are hoping for the air to be cleared before crediting the rest," said an advisor to several corporate retirement trusts.
The problem has been compounded by the decision to stop interest credits on inoperative accounts (with no inflows for over 3 years) from April 1, 2011.
"Several former employees who left their PF savings with us to get tax-free income, are now hounding us to settle their balances," said the finance manager of a firm with over 5,000 workers. These workers are looking to reinvest their savings elsewhere, but the PF trusts are waiting for clarity on the 9.5% interest credit.
"If we settle these accounts without deducting tax and there is no change in the ministry's stance, we won't be in a position to reach these workers and collect the tax," the manager explained.
Even for existing members, taxing 1% of the 9.5% payout is an administrative headache for PF trusts. Usually, the income tax department notifies a tax-free PF rate for the whole year.
However, in 2010-11, the tax-free ceiling is 9.5% from April to August, and 8.5% thereafter. So, trusts that intend to tax PF credits would have to calculate the liability on 1% PF income for seven months.
UP farmers' protest: Rahul Gandhi arrested
NDTV Correspondent, Updated: May 11, 2011 23:29 IST
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The state police whisked away the Congress leader as a preventive measure and sources say he may be dropped off at the DND flyover.
He, along with other Congress leaders, had planned to sit through the night. Sources said this was being seen as Rahul Gandhi taking on Mayawati on her home turf yet again.
The state Congress President Rita Bahuguna Joshi has described the arrest as an act of cowardice.
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PrintThe Congress general secretary had ridden pillion on a motorcycle into Bhatta Parsaul at 4 am this morning , dodging the strong police force deployed there. It was only when he began meeting farmers and heard their grievances that the policemen recognised the young Congress leader, who has often slipped out of his security cordon in the past to meet people.
In comments there are likely to spark off a fresh political controversy, Rahul Gandhi slammed the state government and said, "I have seen the violence unleashed on your men and women. By seeing what has happened here, I feel ashamed to be an Indian. The state government is tormenting its own people. I was travelling with the Assistant District Magistrate and he told me that it is like Naxalism has reached here."
Mr Gandhi, who sat with the farmers for over 12 hours, said he associated with them as they were demanding their "right" and there was "nothing wrong" in it.
"I want to tell you that I am with you till your demands are met. Till your work is not done, the Congress party will not desert you," he said to a thunderous applause from the gathering which shouted slogans hailing him.
Earlier, an elderly woman told the AICC General Secretary how "brutally PAC men had manhandled women members of her family in the name of conducting a search" after the clashes broke out. Another elderly man showed injuries on his body allegedly inflicted by policemen with batons.
Rahul Gandhi's party collegaue Digvijay Singh, who accompanied him has demanded that till a judicial inquiry submitted a report no action should be taken against the farmers in respect of FIRs lodged against them. He also demanded that all arrested farmers be released and that there should not be any forcible land acquisition.
Bhatta Parsaul, in the suburbs of the national Capital, has turned into a political battleground for parties after four people, including two policemen, were killed in Saturday's clashes between police and farmers. The Opposition has flayed the UP government for its land acquisition policy.
Farmers in Greater Noida and adjoining areas are demanding more compensation from the Mayawati government for their land.
Farmers were paid a little over Rs. 800 per square metre. The same land was sold to developers at Rs. 3200 a metre. And those developers are now offering residential plots, for example, at more than Rs. 14,000 a metre.
The Jaiprakash Group, contracted to build the highway, was given 6000 acres by the state government. The company says that it needs to develop that land to offset the 10,000 crores it will spend on constructing the Yamuna Expressway. There are ten other companies like Waves, Paras, 3C who have also been given the land that was acquired from farmers at fantastically low prices.
Rahul, who is the MP from Amethi in Uttar Pradesh, had last year visited Tappal Village in Aligarh district taking the local police by surprise when he went to meet farmers who had launched a protest demanding higher compensation for the land acquired by the Mayawati government for the Yamuna Expressway project.
BJP, SP slam Rahul Gandhi for visit to Bhatta Parsaul village
The BJP has slammed Rahul Gandhi for his visit to Bhatta Parsaul village. "I would like to remind you that Rahul earlier went to Tapal Gaon of Aligarh also. He had said that in the next Parliament session, the land acquisition amendment bill will be brought in. What has happened now? None of the bills have been bought to the Parliament. I want answers to all this," said BJP leader Rajnath Singh.
The Samajwadi Party also hit out at the Congress leader. "Rahul Gandhi is sitting there on protest. Nothing will happen if he keeps sitting there. The Central government needs to take some steps and if Rahul Gandhi wants, this can be done. The Central government should compensate the farmers," said Samajwadi Party leader Akhilesh Yadav.
(With PTI Inputs)
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India to award Rs 170 bn port projects in FY12
India's federal shipping ministry plans to award 24 port projects in FY12 worth about 170 billion rupees, Rakesh Srivastava , joint secretary , shipping, said on Wednesday at an industry event.
Rahul pledges support to farmers in Greater Noida
Rahul Gandhi takes on Mayawati, joins protesting farmers in Greater Noida; BJP slams Gandhi scion, asks Congress not to indulge in theatrics over the agitation
Greater Noida: Taking on Uttar Pradesh Chief Minister Mayawati, Rahul Gandhi on Wednesday joined the land war in Greater Noida, pledging full support to farmers fighting against acquisition and promising not to desert them till their demands are met.
Sneaking into Batta Parsaul village, the epicentre of the agitation in Western Uttar Pradesh, in the wee hours riding pillion on a motorcycle, he sat with the agitating farmers throughout the day in scorching heat to empathise with their cause.
"I feel ashamed to call myself Indian after seeing what has happened here. The (State) government here has unleashed atrocities on its own people," the Congress general secretary told the farmers.
Even as he sat on a dharna, a war of words erupted, with BJP terming it as a "drama" and wanting to know why the UPA government was still not acting on his earlier promise of bringing Land Acquisition Bill in Parliament.
The Congress, on its part, said it was keen to get on early passage of the bill in Parliament. Gandhi, who sat with the farmers for over 12 hours, said he associated with them as they were demanding their "right" and there was "nothing wrong" in it.
"I want to tell you that I am with you till your demands are met. Till your work is not done, the Congress party will not desert you," he said to a thunderous applause from the gathering which shouted slogans hailing him.
He said an official had told him that the agitation was like "naxalism" but he had found that the farmers were peacefully making their demands. Gandhi demanded a judicial inquiry into the exchange of fire on Saturday last between farmers and police in which two farmers and two policemen were killed.
Earlier, after reaching the village at 4 am along with party colleague Digvijay Singh, he heard the farmers and had tea with them. He also visited various hamlets.
SDM Vishal Singh met Gandhi and asked him to end the dharna in view of the potential security risk to him in the area. Vishal Singh also expressed inability to provide security as he had come without intimation.
But the young Congress leader told the official that unless their demands are met he will not leave the village. The demands also included release of detained farmers.
Digvijay Singh said till a judicial inquiry submitted a report no action should be taken against the farmers in respect of FIRs lodged against them. He also demanded that all arrested farmers be released and that there should not be any forcible land acquisition.
Don't indulge in theatrics on farmers' agitation: BJP to Cong
With Rahul Gandhi sitting on a dharna in Greater Noida, BJP today asked the Centre and Congress not to indulge in theatrics on the farmer agitation and sought to know what was preventing it from taking strong action against the Mayawati government despite having powers.
Former BJP President Rajnath Singh said when he tried to visit Bhatta Parsaul village in Greater Noida to support the farmers' agitation, he was not allowed as Section 144 (curfew) was in force.
"But Section 144 was lifted when two Congress General Secretaries Rahul Gandhi and Digvijay Singh went there. Now they are sitting on a dharna there. I appeal to Sonia Gandhi and Prime Minister Manmohan Singh not to do any nautanki (theatrics) in the biggest state of the country," Rajnath Singh told reporters.
He demanded that Sonia should ask the two Congress leaders to come back from the village. The senior BJP leader wondered why the UPA government is not taking any action against the Mayawati-led BSP regime despite the situation going "from bad to worse" in the state.
"Corruption has reached its zenith in the state. Democratic demonstrations by farmers and others for their rights is being suppressed through bullets and batons. Can the Prime Minister not take any effective action against the UP government when he has a government at the Centre," he said.
"Does the Indian Constitution prevent him from taking any effective action?" he asked. BJP alleged that by sitting on a dharna Rahul Gandhi was "fanning the flames" already burning in the state.
"The UP government is creating fear... Mayawati has no right to continue in office. She should resign," Rajnath said. Asked if he was demanding imposition of President's rule in UP, he evaded a reply.
Rajnath Singh alleged that BSP and Congress had joined hands. "Congress and BSP are hand in glove on this issue. This was seen earlier in the Parliament's Public Accounts Committee. On the issue of corruption, both SP and BSP have joined hands with the Congress," he said.
Singh will sit on a 24-hour hunger strike tomorrow in Ghaziabad. Leader of the Opposition in Lok Sabha Sushma Swaraj, her counterpart in Rajya Sabha Arun Jaitley, party vice-president Mukhtar Abbas Naqvi and NDA Convenor Sharad Yadav will lend him support and address the meeting.
"The biggest reason for SP and BSP support to the Congress is the CBI. Its fear is leading the two to support Congress. SP and Congress may forgive Mayawati but when we form the government we will investigate all cases of corruption against her," Singh said.
The main opposition demanded that the Land Acquisition Amendment Bill should be passed at the earliest and the state government should not acquire "even an inch" of agricultural land till this legislation comes into force.
Singh demanded that the Centre should issue an advisory to this effect to the state governments. "The Prime Minister should call a special session of Parliament within a week or ten days and pass the Land Acquisition (Amendment) Bill," he said.
Rajnath Singh insisted that since the BSP has realised it is not going to get a majority in the UP Assembly elections due next year, it is "hobnobbing" with the Congress. "But BJP will not let these ulterior motives of the BSP to succeed," he said.
The BJP's Uttar Pradesh unit described Gandhi's sit-in in support of farmers as politicallly-motivated. The upcoming assembly elections in the state was the main reason behind his new-found concern for farmers, Satyadev Singh, a spokesman for party's state unit, said in Lucknow.
The youth Congress leader had been giving assurances that a new land acquisition law would be enacted soon for the benefit of farmers but nothing had been done in this regard so far, he said.
Source: PTI
Why can't surplus grain be sold to poor, asks Supreme Court
New Delhi: The Supreme Court Tuesday asked the central government, which admitted to shortcomings in the public distribution system, why it could not give the surplus food grain that it couldn't store to hungry people at subsidised rates.
"Why can't you give it at subsidised rates to the hungry populace. You have it. You can't store it. You can't destroy it. Give it to the people who need it," said the apex court bench of Justice Dalveer Bhandari and Justice Deepak Verma.
"What you (the central government) have done is not adequate. At least the grains you can't store, you give them (to the hungry)," said the court, when its attention was drawn to a report by a news channel that had shown the stored food grains being burnt in Punjab after becoming unfit for consumption.
As the court vented its ire over the inadequacy of action on the central government's part, the government said it has decided to make further additional allocation of 50 lakh tones of rice and wheat to all the states and union territories. The allocation would start in two weeks' time.
Appearing for the petitioner, Peoples Union for Civil Liberties (PUCL), senior counsel Colin Gonsalves said: "The food that can't be stored, let it be stored in the stomach of hungry." He told the court that nutritional level in India was less than that of Bangladesh.
As the court exhorted the central government to be alive to the needs of the poorest of the poor, the Planning Commission told the court that it was aware that many states complain that people who are indisputably poor are left out of BPL list because of the cap (limit) imposed by the central government but this was not wholly true.
Appearing for the Planning Commission, Solicitor General Gopal Subramanium told the court that the blame for the poor being left out of the BPL list could not be attributed to the cap (limit of BPL families) but "the fact that certain non-entitled persons are given BPL cards leaving those entitled to BPL cards uncovered".
This was stated by Planning Commission Advisor B.D. Virdi, in an affidavit filed in response to an April 20 direction of the apex court seeking to know if the 37.2 percent cap was the uniform poverty ratio for assistance under the BPL schemes and how data of 1990 was relevant in 2011 in calculating BPL families.
The Planning Commission told the court that it had not fixed a uniform cap of 37.2 percent for every state. However, it said that "in any system of entitlement which is not universal, there will be a cap".
Giving the background for evolving of the methodology for calculating the estimates of poverty, the commission told the court that it should not be interfered with as it was "carefully developed by experts over the year to estimate the incidence of poverty in different parts of the country".
The Planning Commission also defended the poverty line fixed at a daily consumption expenses per head of Rs.20 per day in urban areas and Rs.15 in rural areas at 2004-2005 prices.
However, the court was told that this could be revised upward if updated to the current price index. "These amounts could be significantly higher if updated to reflect price rise since 2004-2005," the commission said.
Source: IANS
Bhopal case: SC allows court to consider stringent charges
New Delhi: The Supreme Court today refused to alter its 1996 judgement diluting charges in the Bhopal gas disaster case but left it open to the Sessions Court there to consider restoring stringent charges against the accused, who had got punishment under lighter provisions.
Holding that the 1996 judgement that diluted charges against the accused was "not binding", the apex court dismissed a curative petition filed by the CBI saying it was based on a "wrong and fallacious plea" and filed after a lapse of 14 years.
"In our view, on the basis of the material on record, it is wrong to assume that the 1996 judgement is a fetter against proper exercise of powers by a court of competent jurisdiction under the relevant provisions of the Code", a five-judge constitution bench headed by Chief Justice S H Kapadia said.
The court said the 1996 verdict was not "binding" on the trial court which failed to appreciate the correct legal provision for trying the accused under the stringent provision in the tragedy that killed over 15,000 people and left maimed several thousands due to the leakage of deadly methyl isocyanate (MIC) gas in December, 1984.
In its nine-page judgement, which has come under attack from campaigners for sterner punishment to the accused, the bench said curative petitions of CBI and Madhya Pradesh Government were not only based on the "wrong and fallacious" plea but were filed after a lapse of 14 years without satisfactory explanation.
"No satisfactory explanation is given to file such curative petitions after about 14 years from 1996 judgement of the Supreme Court," the bench, also comprising justices Altamas Kabir, R V Raveendran, B Sudershan Reddy and Aftab Alam said.
The June 7 verdict of the Chief Judicial Magistrate, Bhopal, awarding two years imprisonment to the accused including the then Chairman of the Union Carbide India Keshub Mahindra had sparked a nationwide outrage following which the government decided to file a curative petition against the lighter punishment for those responsible for the gas tragedy.
The apex court today said both CBI and the Madhya Pradesh government had adopted a correct legal premise in approaching the Sessions Court with the criminal revision petition for restoration of stringent charge of culpable homicide not amounting to murder under section 304 (part II) of the IPC which attracts maximum punishment of 10 years jail term.
The bench noted that the 1996 judgement diluting the charges to section 304 A for negligence was based on the evidence presented before it at that relevant time and it was wrong to assume that it was binding on the trial court when additional facts and material were forthcoming.
Chronology of Bhopal gas tragedy
The Supreme Court today dismissed CBI's curative petition against its 1996 judgement but left it open for Sessions Court, Bhopal, to consider restoring stringent charges against the accused.
Following is the chronology of Bhopal gas tragedy:
Dec 2-3, 1984: Leakage of toxic Methyl Isocyanate (MIC) gas from the Union Carbide plant in Bhopal reported.
Dec 3, 1984 : Police registers FIR. Arrests Union Carbide India Ltd (UCIL) employees, including Jai Mukund (Works Manager), Satya Prakash Chaudhary (Assistant Works Manager), K V Shetty (Plant Superintendent), R B Roy Chaudhary (Assistant Works Manager), Shakeel Ibrahim Qureshi (Production Assistant).
Dec 6, 1984: Case transferred to CBI.
Dec 7, 1984: Police arrest Chairman of Union Carbide Corporation Warren M Anderson, Chairman of UCIL Keshub Mahindra and Managing Director of UCIL Vijay Prabhakar Gokhle.
Dec 7, 1984 : Warren Anderson released on bail of USD 2,000, upon a promise to return.
Dec 9, 1984 : CBI takes over the case and starts investigation.
Feb 1985: Indian government files claim for USD 3.3 billion from Union Carbide in a US court.
Mar 29, 1985: The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 passed authorising the Centre to represent the victims exclusively.
Aug 8, 1985: Centre institutes action against the UCC in United States District Court for award of compensation for the damage caused by the disaster.
May 12, 1986: US District Court Judge Keenan transfers all Bhopal litigations to India.
Nov 30, 1987 : CBI files charge sheet in the court of Chief Judicial Magistrate (CJM), Bhopal, charging the accused under section 304 (culpable homicide not amounting to murder)/326 (voluntarily causing grievous hurt by dangerous weapons or means), 324 (voluntarily causing hurt by dangerous weapons or means) and 429 (mischief by injury to works of irrigation or by wrongfully diverting water) read with section 35 of IPC.
Dec 1987: CBI files charge sheet against Anderson and other accused, including UCC (USA), Union Carbide (Eastern) Hong Kong, and UCIL. Summons served on Anderson and UCC on charges of culpable homicide.
Dec 1, 1987 : CJM, Bhopal issues summons against Anderson.
Dec 17, 1987: District court makes an interim order directing payment of Rs 350 crore as interim compensation.
Apr 4, 1988 : UCC challenges this award before the High Court of Madhya Pradesh, which reduces the quantum of interim compensation to Rs 250 crore.
July 7, 1988 : CJM, Bhopal issues fresh summons against Anderson.
Sept 20, 1988 : Letter received from Embassy of India in Washington that summons had been served on Anderson.
Nov 15, 1988 : CJM, Bhopal issues bailable warrants against Anderson.
1988: Special Leave Petitions were filed by the Centre as well as the UCC.
Feb 14, 1989: SC directs overall settlement of the claims for USD 470 million. Directs consequential termination of all civil and criminal proceedings.
1992: Part of USD 470 million is disbursed by the government among Bhopal gas victims.
February 1992: Anderson declared fugitive by court.
Apr 10, 1992 : Bhopal court issues Non-Bailable Warrant against Anderson for arranging extradition proceedings against him.
Apr 13, 1992: Centre lays down guidelines for determination of compensation with Rs 1-3 lakh for death.
May 25, 1992 : CJM, Bhopal separates the trial of Anderson, Union Carbide Corporation (USA) and Union Carbide Eastern Inc. (Hong Kong) from that of the other accused persons.
June 22, 1992: Bhopal CJM commits the case to the Sessions court against rest of the nine accused persons.
Nov 1994: Despite numerous petitions by survivors' groups, the Supreme Court allows Union Carbide to sell stake in UCIL to McLeod Russell (India) Ltd of Calcutta.
Sept 13, 1996: SC on plea of accused dilutes the charges framed against them by the trial court and upheld by Madhya Pradesh High Court.
Apex court said accused will be tried under section 304 (A) (causing death by negligence), 336 (act endangering life or personal safety of others), 337 (causing hurt by act endangering life or personal safety of others) and other sections of IPC.
Mar 10, 1997 : SC dismissed the petition filed by an NGO, Bhopal Gas Peedith Sangharsh Sahayog Samiti, seeking a review of its 1996 judgment diluting the charges.
Nov 1999: Victims' organisations file a suit against Union Carbide and Anderson in federal court of New York for violating international human rights law, environmental law.
Feb 2001: Union Carbide refuses to take responsibility for UCIL's liabilities in India.
Aug 2002: Charges of culpable homicide are maintained against Anderson by Bhopal court, which demands his extradition to stand trial.
Oct 11, 2002 : CJM, Bhopal issued fresh arrest warrant under section 304, 324 and 429 read with section 35 of IPC. The arrest warrant was not executed by the US authorities and returned.
May 2003: Indian government formally conveys to the US its request for extradition of Anderson.
Mar 2004: A US court says it could order Dow Chemicals to clean soil and ground water in the abandoned factory site if the Indian government provides a no objection certificate. The Indian government forwards the certificate to the United States.
June 2004: The US rejects request for Anderson's extradition.
July 19, 2004: SC orders Central Bank to pay out more than 15 billion rupees, part of the original USD 470 million received as compensation kept in the account since 1992.
Oct 25, 2004: Bhopal gas victims protest the failure of the government to pay victim's compensation.
Oct 26, 2004: SC sets deadline of November 15 to pay out the rest of USD 470 million paid by Union Carbide as compensation.
July 22, 2009 : Bhopal CJM issued fresh NBW against Anderson.
June 7, 2010 : After more than 25 years, Bhopal CJM Mohan P Tiwari holds guilty all the eight accused persons and sentences them to two years of jail term along with fine (under section 304A IPC). However, all the eight convicts were granted bail.
Aug 31, 2010 : CBI files a curative petition before the Supreme Court to re-examine its September 1996 judgement, which had ruled in favour of the trial of various Bhopal gas tragedy accused on charges of causing death due to negligence rather than the harsher penal provision of culpable homicide not amounting to murder.
Dec 3, 2010: Centre files curative petition for enhancement of compensation for victims from Rs 750 Crore to Rs 7700 crore.
Feb 28, 2011 : A five-judge bench of Supreme Court decides to hear on day-to-day basis from April 13 the Centre's plea for restoration of the stringent charge of culpable homicide not amounting to murder against the accused and enhancement of compensation for the victims.
Mar 22, 2011 : CBI moves Delhi court to obtain a Letter Rogatory to extradite Anderson from the US to face trial in India.
Mar 23, 2011 : Delhi court allows CBI plea seeking to extradite Anderson from the US.
Apr 7, 2011 : Madhya Pradesh government moves SC seeking permission to intervene in the petition filed by CBI.
Apr 13, 2011: SC questions delay in filing the curative petition.
Apr 19, 2011 : CBI tells SC that two-year jail for accused in Bhopal gas case is less.
Apr 20, 2011 : Keshub Mahindra opposes CBI's plea to impose harsher punishment on him.
Apr 27, 2011 : SC reserves verdict on CBI's curative petition.
May 11, 2011: SC dismisses CBI's curative petition but leaves it to Sessions court to consider strict charges against accused.
Source: PTI
SC says no to reopening Bhopal case
Yamuna Expressway: Land gone and much else too
Zirakpur/ Greater Noida: The Yamuna Expressway was, they were told, to be the great big leap in their fortunes. But farmers along the expressway who are agitating over the loss of their land point to the reality. Their land is gone, there is little hope of the 165-km Expressway meeting its deadline and they have no alternative income.
"I had 14 bighas of land that has been acquired for the construction of the township. I used to do agriculture on it. Now, I don't know how I am expected to make ends meet," says Mahesh Kumar of Chigarpur in Aligarh district.
The region saw four farmers die in police firing last year in August, following protests for higher compensation for their land. Many of the farmers have accepted compensation. But the money is running out fast and alternative employment simply isn't there.
"The government has paid us Rs 436 per sq metre for the land for construction of the expressway and Rs 570 for land around the highway where the township will be developed. But, the prices are much higher in places such as Noida. We must get the same price for our land as farmers in Noida," said Sundar Singh of the Kisan Union in Chigarpur. Clearly, this is an unworkable proposition.
Unlike last August, Chigarpur is relatively calm. However, armed men of the Provincial Armed Constabulary can be seen around the construction site of the Yamuna Expressway, ensuring the violent protests of Bhatta-Parasaul in Greater Noida don't travel here.
State violence
In Bhatta-Parasaul, which saw violence resulting in the death of four persons, including two policemen over the weekend, the debate has shifted from the demand for compensation for land to the action the state police took following the firing of a bullet on the District Magistrate of Gautam Budh Nagar.
After the removal of the ban on assembly by the administration today, both villages wore an air of nervous calm. However, tension was palpable, with angry villagers demanding that arrested men be released immediately.
In Bhatta, which has a population of around 30,000, there are no male members to be seen. The females allege the police has taken away every adult male member of the village to ensure the area is violence-free.
"We had seven bighas of land which was acquired and we were paid around Rs 50 lakh for it. We have no dispute with the government. But despite this, the police entered our house, damaged our cars and vandalised our home. Later, the police took my husband with other villagers and I have heard nothing about him since," says the wife of Subhash Chander Sharma, who works with the Border Security Force.
The police maintain they haven't violated any rules. "Following the violence on Saturday when the police took action, most of the people ran away and they haven't returned since," said Rajnikant Mishra, Inspector General of Police, Meerut range.
Meanwhile, the police is looking for Manveer Singh Tewatia, the man the police believe instigated the farmers. Tewatia, who has aboutn 20 cases against him, has been leading the farmers' agitation at Bhatta-Parsaul since January 17.
Source: Business Standard
Wipro buys majority stake in Brazil-based manufacturer
Bangalore: Wipro today announced it has signed an agreement to acquire a majority stake in Brazil-based hydraulic cylinder manufacturer RKM Equipamentos Hidráulicos Ltd.
Subject to customary regulatory approvals, the acquisition is expected to be completed during the quarter, the Bangalore-headquartered company said. Financial details of the transaction were not disclosed.
The acquisition would be a part of Wipro's Infrastructure Engineering division. Wipro Infrastructure Engineering is a global leader in precision engineered hydraulic cylinders and components.
It is a Tier-1 supplier to global original equipment manufacturers of construction and earth moving machinery, material handling equipment, forestry equipment, heavy and medium commercial vehicles, among other industries, across Asia and Europe.
Wipro Infrastructure Engineering President Pratik Kumar said, "Brazil is an extremely attractive market for us, driven by a high growth economy and huge investments in infrastructure over the next few years. RKM provides us an ideal platform to expand and extend our portfolio of offerings in the Brazilian market and well as rest of the Latin America."
Jose Luiz Ramos, the CEO of RKM Equipamentos Hidráulicos, said, "The partnership with Wipro Infrastructure Engineering will give us a wider customer access and expansion opportunities into new-end equipment segments."
Source: PTI
Cairn Energy may extend Vedanta sale deadline again
New Delhi: Edinburgh-based Cairn Energy may have to once again extend the deadline for concluding sale of 40% stake in its Indian unit to Vedanta Resources as a ministerial panel vetting the deal is unlikely to meet before next week.
A desperate Cairn Energy Chief Executive Bill Gammell today met Oil Minister S Jaipal Reddy to press for a decision before the May 20 deadline his firm and Vedanta have set for concluding the $9.6 billion deal.
Gammell, who could not get an audience with Reddy yesterday, "expressed deep concern" on missing the deadline, a source privy to the deliberations at the meeting said.
Reddy on his part expressed helplessness as Finance Minister Pranab Mukherjee is the one who has to convene the meeting of the Group of Ministers (GoM). Moreover, the deadline were internal to Cairn and Vedanta and had got nothing to do with government.
Cairn Energy spokesperson David Nisbet could not be reached for comments immediately. "There is no indication of the GoM meeting being held this week. Finance Minister's office has inquired of availability between May 17 and 19 and it is very unlikely that the meeting can take place before that," the source said.
It is not clear if the GoM would take more than one meeting to vet the proposal, after which it has to go back to the Cabinet Committee on Economic Affairs (CCEA) -- the final approval authority in this case.
Cairn, which had previously set April 15 as the deadline for concluding the sale, had made much hue and cry saying the timelines were sacrosanct and could not be extended.
But a day after CCEA on April 6 refered the deal for vetting to the GoM, the deadline got prolonged to May 20. The source said Gammell, who also had a brief meeting with the Law Minister M Veerpa Moily, again harped that the May 20 deadline cannot be extended.
The GoM, which besides Mukherjee, Reddy and Moily comprises of Planning Commission Deputy Chairman Montek Singh Ahluwalia and Telecom Minister Kapil Sibal, is split right in the middle on the issue of giving approval to the deal.
Law Ministry and Planning Commission have backed Reddy's first option of giving clearance to Vedanta only if it agrees to ONGC being allowed to recover the Rs 18,000 crore the state-owned firm is liable to pay in royalty on behalf of Cairn India in the all important Rajasthan oilfields.
Finance Ministry is in favour of Reddy's second option of government giving consent without any pre-condition and taking appropriate decisions to protect ONGC's interests.
Source: PTI
Obama no better than my father: Osama's son
Washington: Calling US President Barack Obama no better than slain Osama bin Laden, the Al Qaeda leader's son has alleged that his father was summarily executed, deprived of a fair trial and denied a family burial.
One of the oldest of Osama's two dozen children, Omar bin Laden who has previously denounced his father's murderous ways, said Tuesday: "As (I) condemned our father, (I) now condemn the president of the United States for ordering the execution of unarmed men and women."
In a lengthy statement given to the New York Times, Omar bin Laden wrote that he has a list of issues with the May 2 US raid on Osama's hideout in Abbottabad, Pakistan that killed his father.
First, he said he and his siblings want proof from Obama that their father is really dead.
"We are not convinced on the available evidence in the absence of dead body, photographs, and video evidence," Omar wrote.
Next, he wants to know "why an unarmed man was not arrested and tried in a court of law so that truth is revealed to the people of the world".
Then Iraqi president Saddam Hussein got trial, he pointed out.
"Not only international law has been blatantly violated, but USA has set a very different example whereby right to have a fair trial, and presumption of innocence until proven guilty by a court of law," Omar wrote.
"We maintain that arbitrary killing is not a solution to political problems," he said.
Omar stressed that he "always disagreed with our father regarding any violence and always sent messages to our father that he must change his ways and that no civilians should be attacked under any circumstances".
He demanded answers in 30 days and said he is putting together a panel of British lawyers.
"Failure to answer these questions will force us to go to international forum for justice such as International Criminal Court and International Court of Justice and UN."
Omar and his mother, Najwa bin Laden, cowrote "Growing Up Bin Laden" in 2009. They both left Osama and moved to Syria two days before 9/11.
Meanwhile, US Vice President Joe Biden brushed aside Omar's comments.
Asked to respond to claims by Osama bin Laden's sons that the killing of the Al Qaeda leader was "illegal", Biden responded with a smile: "Are you kidding?"
Source: IANS
The Bhopal disaster was one of the world's worst industrial catastrophes. It occurred on the night of December 2–3, 1984 at the Union Carbide India Limited (UCIL)pesticide plant in Bhopal, Madhya Pradesh, India. A leak of methyl isocyanate gas and other chemicals from the plant resulted in the exposure of hundreds of thousands of people. Estimates vary on the death toll. The official immediate death toll was 2,259 and the government of Madhya Pradesh has confirmed a total of 3,787 deaths related to the gas release.[1] Others estimate that 3,000 died within weeks and that another 8,000 have since died from gas-related diseases.[2][3] A government affidavit in 2006 stated the leak caused 558,125 injuries including 38,478 temporary partial and approximately 3,900 severely and permanently disabling injuries.[4] UCIL was the Indian subsidiary of Union Carbide Corporation (UCC). Indian Government controlled banks and the Indian public held 49.1 percent ownership share. In 1994, the Supreme Court of India allowed UCC to sell its 50.9 percent share. The Bhopal plant was sold to McLeod Russel (India) Ltd. UCC was purchased by Dow Chemical Company in 2001. Civil and criminal cases are pending in the United States District Court, Manhattan and the District Court of Bhopal, India, involving UCC, UCIL employees, and Warren Anderson, UCC CEO at the time of the disaster.[5][6] In June 2010, seven ex-employees, including the former UCIL chairman, were convicted in Bhopal of causing death by negligence and sentenced to two years imprisonment and a fine of about $2,000 each, the maximum punishment allowed by law. An eighth former employee was also convicted, but died before judgment was passed.[7] The UCIL factory was built in 1969 to produce the pesticide Sevin (UCC's brand name for carbaryl) using methyl isocyanate (MIC) as an intermediate. A MIC production plant was added in 1979.[8][9][10] During the night of December 2–3, 1984, water entered a tank containing 42 tons of MIC. The resulting exothermic reaction increased the temperature inside the tank to over 200 °C (392 °F) and raised the pressure. The tank vented releasing toxic gases into the atmosphere. The gases were blown by northwesterly winds over Bhopal. Theories differ as to how the water entered the tank. At the time, workers were cleaning out a clogged pipe with water about 400 feet from the tank. The operators assumed that owing to bad maintenance and leaking valves, it was possible for the water to leak into the tank.[11]However, this water entry route could not be reproduced.[12] UCC also maintains that this route was not possible, but instead alleges water was introduced directly into the tank as an act of sabotage by a disgruntled worker via a connection to a missing pressure gauge on the top of the tank. Early the next morning, a UCIL manager asked the instrument engineer to replace the gauge. UCIL's investigation team found no evidence of the necessary connection; however, the investigation was totally controlled by the government denying UCC investigators access to the tank or interviews with the operators.[13][14] The 1985 reports give a picture of what led to the disaster and how it developed, although they differ in details.[14][15][16] Demographics Bhopal is the capital of the landlocked province of India called Madhya Pradesh. Bhopal is also home to several hospitals, a musical academy, The University of Bhopal, and several smaller colleges. Of the 900,000 Indian citizens, nearly two-thirds were directly affected by the gas leak. A primarily industrial city, 80% of Bhopal's citizens were the working poor, with hard labor, low wage jobs. The lingering disabilities from the gas leak have prevented many people from continuing their trades, forcing this region into further poverty. Though attempts have been made at providing jobs, only 100 have been provided, with 50,000 people still in serious need of economic rehabilitation. Though the initial death toll was astounding a 2,500, it has more than doubled to well over 5,000 since the disaster (unofficial reports are as high as 16,000). Racial distribution is a non-issue, as those affected were almost entirely Muslim Indians. What we must focus on is the fact that those in power to make decisions that led to this disaster were all wealthy white Americans, or high-ranking non-Muslim Indian government officials, who never felt its effects. Certainly a case for distributive injustice. Environmental justice Environmental justice is achieved when everyone, regardless of race, culture, or income, enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making process to have a healthy environment in which to live, learn, and work." (U.S. EPA Environmental Justice Program). In Bhopal Disaster the people living near it accident place where all working class or unemployed. The standard of living was very low. Environmental justice advocates make the argument that minority populations are often related with environmentally hazardous activities because they have few economic choices and are not fully aware of the risks involved with it. A mixture of this lack of awareness and economic power makes poor minority communities a frequent target for environmentally hazardous activities. Preventing environmental disasters Multi-national corporations often target developing countries. They are eager to support industrialization to boost the economy, but lack the infrastructure to manage it properly. Without suitable laws and regulations, developing nations are not prepared for such events. In their efforts to attract business, these nations often overlook the health and safety violations of the corporations doing business in their borders like the Bhopal disaster. The tragic consequences of Bhopal raise issues of both a practical and philosophical nature. Industry is not always good - it can kill, as evidenced by Bhopal, and in poor countries, industrial risk is high. Every day in developing countries there are a wide range of industrial accidents, and people are poisoned over time by environmental pollution. Large multinational companies that set up industrial operations in the third world must take responsibility for their operations and actions. The responsibility must be on them to ensure that safety regulations are met with regard to the health of their workers, and the surrounding environment. Drawn by low-cost labor, new markets, and lower operation costs, corporations have little incentive to address environmental and human risks once they are well-established. The problem was made worse by the mushrooming of slums in the vicinity of the plant, non-existent catastrophe plans, and shortcomings in health care and socio-economic rehabilitation.[2][3][17] Much speculation arose in the aftermath. The closing of the plant to outsiders (including UCC) by the Indian government and the failure to make data public contributed to the confusion. The Council of Scientific and Industrial Research (CSIR) were forbidden to publish their data on health effects until after 1994. The initial investigation was conducted entirely by CSIR and the Central Bureau of Investigation.[3] UCC produced carbaryl using MIC as an intermediate.[3] After the Bhopal plant was built, other manufacturers including Bayer produced carbaryl without MIC, though at a greater manufacturing cost.[18] However, Bayer also uses the UCC process at the chemical plant once owned by UCC at Institute, West Virginia, USA. Other factors identified by the inquiry included: use of a more dangerous pesticide manufacturing method, large-scale MIC storage, plant location close to a densely populated area, undersized safety devices, and the dependence on manual operations.[3] Plant management deficiencies were also identified – lack of skilled operators, reduction of safety management, insufficient maintenance, and inadequate emergency action plans.[3][19] The chemical process, or "route", used in the Bhopal plant reacted methylamine with phosgene to form MIC (methyl isocyanate), which was then reacted with 1-naphthol to form the final product, carbaryl. This route differed from MIC-free routes used elsewhere, in which the same raw materials are combined in a different manufacturing order, with phosgene first reacted with the naphthol to form a chloroformate ester, which is then reacted with methyl amine. In the early 1980s, the demand for pesticides had fallen, but production continued, leading to buildup of stores of unused MIC.[3][18] Attempts to reduce expenses affected the factory's employees and their conditions. Kurzman argues that "cuts...meant less stringent quality control and thus looser safety rules. A pipe leaked? Don't replace it, employees said they were told ... MIC workers needed more training? They could do with less. Promotions were halted, seriously affecting employee morale and driving some of the most skilled ... elsewhere".[20]Workers were forced to use English manuals, even though only a few had a grasp of the language.[11][21] By 1984, only six of the original twelve operators were still working with MIC and the number of supervisory personnel was also cut in half. No maintenance supervisor was placed on the night shift and instrument readings were taken every two hours, rather than the previous and required one-hour readings.[11][20] Workers made complaints about the cuts through their union but were ignored. One employee was fired after going on a 15-day hunger strike. 70% of the plant's employees were fined before the disaster for refusing to deviate from the proper safety regulations under pressure from management.[11][20] In addition, some observers, such as those writing in the Trade Environmental Database (TED) Case Studies as part of the Mandala Project from American University, have pointed to "serious communication problems and management gaps between Union Carbide and its Indian operation", characterized by "the parent companies [sic] hands-off approach to its overseas operation" and "cross-cultural barriers".[22] The personnel management policy led to an exodus of skilled personnel to better and safer jobs. It emerged in 1998, during civil action suits in India, that the plant was not prepared for problems. No action plans had been established to cope with incidents of this magnitude. This included not informing local authorities of the quantities or dangers of chemicals used and manufactured at Bhopal.[2][3][11][18] A series of prior warnings and MIC-related accidents had occurred: In November 1984, most of the safety systems were not functioning. Many valves and lines were in poor condition. Tank 610 contained 42 tons of MIC, much more than safety rules allowed.[3] During the nights of 2–3 December, a large amount of water entered tank 610. Arunaway reaction started, which was accelerated by contaminants, high temperatures and other factors. The reaction generated a major increase in the temperature inside the tank to over 200 °C (400 °F). This forced the emergency venting of pressure from the MIC holding tank, releasing a large volume of toxic gases. The reaction was sped up by the presence of iron from corroding non-stainless steel pipelines.[3] It is known that workers cleaned pipelines with water. They were not told by the supervisor to add a slip-blind water isolation plate. Because of this, and the bad maintenance, the workers consider it possible for water to have accidentally entered the MIC tank.[3][11] UCC maintains that a "disgruntled worker" deliberately connected a hose to a pressure gauge.[3][13] At the plant[3] Outside[3] The leakage caused many short term health effects in the surrounding areas. Apart from MIC, the gas cloud may have contained phosgene, hydrogen cyanide, carbon monoxide, hydrogen chloride,oxides of nitrogen, monomethyl amine (MMA) and carbon dioxide, either produced in the storage tank or in the atmosphere.[3] The gas cloud was composed mainly of materials denser than the surrounding air, stayed close to the ground and spread outwards through the surrounding community. The initial effects of exposure were coughing, vomiting, severe eye irritation and a feeling of suffocation. People awakened by these symptoms fled away from the plant. Those who ran inhaled more than those who had a vehicle to ride. Owing to their height, children and other people of shorter stature inhaled higher concentrations. Many people were trampled trying to escape.[3] Thousands of people had succumbed by the morning hours. There were mass funerals and mass cremations as well as disposal of bodies in the Narmada river. 170,000 people were treated at hospitals and temporary dispensaries. 2,000 buffalo, goats, and other animals were collected and buried. Within a few days, leaves on trees yellowed and fell off. Supplies, including food, became scarce owing to suppliers' safety fears. Fishing was prohibited as well, which caused further supply shortages.[3] A total of 36 wards were marked by the authorities as being "gas affected", affecting a population of 520,000. Of these, 200,000 were below 15 years of age, and 3,000 were pregnant women. In 1991, 3,928 deaths had been certified. Independent organizations recorded 8,000 dead in the first days. Other estimations vary between 10,000 and 30,000. Another 100,000 to 200,000 people are estimated to have permanent injuries of different degrees.[3] The acute symptoms were burning in the respiratory tract and eyes, blepharospasm, breathlessness, stomach pains and vomiting. The causes of deaths were choking, reflexogenic circulatory collapse and pulmonary oedema. Findings during autopsies revealed changes not only in the lungs but also cerebral oedema, tubular necrosis of the kidneys, fatty degeneration of the liver and necrotising enteritis.[26] Thestillbirth rate increased by up to 300% and neonatal mortality rate by 200%.[3] Whether hydrogen cyanide was present in the gas mixture is still a controversy.[26][27] Exposed to high temperatures, MIC breaks down to hydrogen cyanide (HCN). According to Kulling and Lorin, at +200 °C, 3% of the gas is HCN.[28] However, according to another scientific publication,[29] MIC when heated in the gas-phase starts to break down to hydrogen cyanide (HCN) and other products above 400 °C. Concentrations of 300 ppm can lead to immediate collapse. Laboratory replication studies by CSIR and UCC scientists failed to detect any HCN or HCN-derived side products. Chemically, HCN is known to be very reactive with MIC.[30] HCN is also known to react with hydrochloric acid, ammonia, and methylamine (also produced in tank 610 during the vigorous reaction with water and chloroform) and also with itself under acidic conditions to form trimers of HCN called triazenes. None of the HCN-derived side products were detected in the tank residue.[31] The non-toxic antidote sodium thiosulfate (Na2S2O3) in intravenous injections increases the rate of conversion from cyanide to non-toxic thiocyanate. Treatment was suggested early, but because of confusion within the medical establishments, it was not used on larger scale until June 1985.[3] It is estimated 100,000 to 200,000 people have permanent injuries. Reported symptoms are eye problems, respiratory difficulties, immune and neurological disorders, cardiac failure secondary to lung injury, female reproductive difficulties and birth defects among children born to affected women.[3] The Indian Government and UCC deny permanent injuries were caused by MIC or the other gases. Now owned by Dow Chemical Company, Union Carbide denies allegations against it on its website dedicated to the tragedy. The corporation believes that the accident was the result of sabotage, stating that safety systems were in place and operative. It also stresses that it did all it could to alleviate human suffering following the disaster.[40] Theories differ as to how the water entered the tank. At the time, workers were cleaning out pipes with water. The workers maintain that entry of water through the plant's piping system during the washing of lines was possible because a slip-blind was not used, the downstream bleeder lines were partially clogged, many valves were leaking, and the tank was not pressurized. The water, which was not draining properly through the bleeder valves, may have built up in the pipe, rising high enough to pour back down through another series of lines in the MIC storage tank. Once water had accumulated to a height of 6 meters (20 feet), it could drain by gravity flow back into the system. Alternatively, the water may have been routed through another standby "jumper line" that had only recently been connected to the system. Indian scientists suggested that additional water might have been introduced as a "back-flow" from the defectively designed vent-gas scrubber.[3][11]However, none of these postulated routes of entry could be duplicated when tested by the Central Bureau of Investigators (CBI) and UCIL engineers. The company cites an investigation conducted by the engineering consulting firm Arthur D. Little, which concluded that a single employee secretly and deliberately introduced a large amount of water into the MIC tank by removing a meter and connecting a water hose directly to the tank through the metering port.[13] Carbide claims such a large amount of water could not have found its way into the tank by accident, and safety systems were not designed to deal with intentional sabotage. Documents cited in the Arthur D. Little Report state that the Central Bureau of Investigation (CBI) along with UCIL engineers tried to simulate the water-washing hypothesis as a route of the entry of water into the tank. This all-important test failed to support this as a route of water entry. UCC claims the plant staff falsified numerous records to distance themselves from the incident, and that the Indian Government impeded its investigation and declined to prosecute the employee responsible, presumably because that would weaken its allegations of negligence by Union Carbide.[41] The corporation denies the claim that the valves on the tank were malfunctioning, claiming that "documented evidence gathered after the incident showed that the valve close to the plant's water-washing operation was closed and leak-tight. Furthermore, process safety systems—in place and operational—would have prevented water from entering the tank by accident". Carbide states that the safety concerns identified in 1982 were all allayed before 1984 and "none of them had anything to do with the incident".[42] The company admits that "the safety systems in place could not have prevented a chemical reaction of this magnitude from causing a leak". According to Carbide, "in designing the plant's safety systems, a chemical reaction of this magnitude was not factored in" because "the tank's gas storage system was designed to automatically prevent such a large amount of water from being inadvertently introduced into the system" and "process safety systems—in place and operational—would have prevented water from entering the tank by accident". Instead, they claim that "employee sabotage—not faulty design or operation—was the cause of the tragedy".[42] The company stresses the "immediate action" taken after the disaster and their continued commitment to helping the victims. On December 4, the day following the leak, Union Carbide sent material aid and several international medical experts to assist the medical facilities in Bhopal.[42] Union Carbide states on its website that it put $2 million into the Indian Prime Minister's immediate disaster relief fund on 11 December 1984.[42] The corporation established the Employees' Bhopal Relief Fund in February 1985, which raised more than $5 million for immediate relief.[43] According to Union Carbide, in August 1987, they made an additional $4.6 million in humanitarian interim relief available.[43] Union Carbide states that it also undertook several steps to provide continuing aid to the victims of the Bhopal disaster after the court ruling, including: Legal action against Union Carbide has dominated the aftermath of the disaster. However, other issues have also continued to develop. These include the problems of ongoing contamination, criticisms of the clean-up operation undertaken by Union Carbide, and a 2004 hoax. Legal proceedings involving UCC, the United States and Indian governments, local Bhopal authorities, and the disaster victims started immediately after the catastrophe. On 14 December 1984, the Chairman and CEO of Union Carbide, Warren Anderson, addressed the US Congress, stressing the company's "commitment to safety" and promising to ensure that a similar accident "cannot happen again". However, the Indian Government passed the Bhopal Gas Leak Act in March 1985, allowing the Government of India to act as the legal representative for victims of the disaster,[43] leading to the beginning of legal wrangling. In 1985, Henry Waxman, a Californian Democrat, called for a US government inquiry into the Bhopal disaster, which resulted in US legislation regarding the accidental release of toxic chemicals in the United States.[45] March 1986 saw Union Carbide propose a settlement figure, endorsed by plaintiffs' US attorneys, of $350 million that would, according to the company, "generate a fund for Bhopal victims of between $500–600 million over 20 years". In May, litigation was transferred from the US to Indian courts by US District Court Judge. Following an appeal of this decision, the US Court of Appeals affirmed the transfer, judging, in January 1987, that UCIL was a "separate entity, owned, managed and operated exclusively by Indian citizens in India".[43] The judge in the US granted UCC's forum request, thus moving the case to India. This meant that, under US federal law, the company had to submit to Indian jurisdiction. Litigation continued in India during 1988. The Government of India claimed US$ 350 million from UCC.[3] The Indian Supreme Court told both sides to come to an agreement and "start with a clean slate" in November 1988.[43] Eventually, in an out-of-court settlement reached in 1989, Union Carbide agreed to pay US$ 470 million for damages caused in the Bhopal disaster, 15% of the original $3 billion claimed in the lawsuit.[3] By the end of October 2003, according to the Bhopal Gas Tragedy Relief and Rehabilitation Department, compensation had been awarded to 554,895 people for injuries received and 15,310 survivors of those killed. The average amount to families of the dead was $2,200.[46] Throughout 1990, the Indian Supreme Court heard appeals against the settlement from "activist petitions". In October 1991, the Supreme Court upheld the original $470 million, dismissing any other outstanding petitions that challenged the original decision. The Court ordered the Indian government "to purchase, out of settlement fund, a group medical insurance policy to cover 100,000 persons who may later develop symptoms" and cover any shortfall in the settlement fund. It also requested UCC and its subsidiary "voluntarily" fund a hospital in Bhopal, at an estimated $17 million, to specifically treat victims of the Bhopal disaster. The company agreed to this.[43] UCC Chairman and CEO Warren Anderson was arrested and released on bail by the Madhya Pradesh Police in Bhopal on December 7, 1984. The arrest, which took place at the airport, ensured Anderson would meet no harm by the Bhopal community. Anderson was taken to UCC's house after which he was released six hours later on $2,100 bail and flown out on a government plane. In 1987, the Indian governmentsummoned Anderson, eight other executives and two company affiliates with homicide charges to appear in Indian court.[47] Union Carbide balked, saying the company is not under Indian jurisdiction.[47] In 1991, local Bhopal authorities charged Anderson, who had retired in 1986, with manslaughter, a crime that carries a maximum penalty of 10 years in prison. He was declared a fugitive from justice by the Chief Judicial Magistrate of Bhopal on February 1, 1992, for failing to appear at the court hearings in a culpable homicide case in which he was named the chief defendant. Orders were passed to the Government of India to press for an extradition from the United States. The U.S. Supreme Court refused to hear an appeal of the decision of the lower federal courts in October 1993, meaning that victims of the Bhopal disaster could not seek damages in a US court.[43] In 2004, the Indian Supreme Court ordered the Indian government to release any remaining settlement funds to victims. In September 2006, the Welfare Commission for Bhopal Gas Victims announced that all original compensation claims and revised petitions had been "cleared".[43] In 2006, the Second Circuit Court of Appeals in New York City upheld the dismissal of remaining claims in the case of Bano v. Union Carbide Corporation. This move blocked plaintiffs' motions for class certification and claims for property damages and remediation. In the view of UCC, "the ruling reaffirms UCC's long-held positions and finally puts to rest—both procedurally and substantively—the issues raised in the class action complaint first filed against Union Carbide in 1999 by Haseena Bi and several organizations representing the residents of Bhopal". In June 2010, seven former employees of the Union Carbide subsidiary, all Indian nationals and many in their 70s, were convicted of causing death by negligence and each sentenced to two years imprisonment and fined Rs.1 lakh (US$2,124).[48] All were released on bail shortly after the verdict. The names of those convicted are: Keshub Mahindra, former non-executive chairman of Union Carbide India Limited; V.P. Gokhale, managing director; Kishore Kamdar, vice-president; J. Mukund, works manager; S.P. Chowdhury, production manager; K.V. Shetty, plant superintendent; and S.I. Qureshi, production assistant. Federal class action litigation, Sahu v. Union Carbide et al. is presently pending on appeal before the Second Circuit Court of Appeals in New York.[49] The litigation seeks damages for personal injury, medical monitoring[50] and injunctive relief in the form of cleanup[51] of the drinking water supplies[52] for residential areas near the Bhopal plant. A related complaint seeking similar relief for property damage claimants is stayed pending the outcome of the Sahu appeal before the federal district court in the Southern District of New York. Union Carbide sold its Indian subsidiary, which had operated the Bhopal plant, to Eveready Industries India Limited, in 1994. Dow Chemical Company purchased UCC in 2001 for $10.3 billion in stock and debt. Dow contends the UCC settlement payment fulfilled Dow's financial responsibility for the disaster. Chemicals abandoned at the plant continue to leak and pollute the groundwater.[53][54][55] Whether the chemicals pose a health hazard is disputed.[56] Contamination at the site and surrounding area was not caused by the gas leakage. The area around the plant was used as a dumping ground for hazardous chemicals. By 1982 tubewells in the vicinity of the UCC factory had to be abandoned. In 1991 the municipal authorities declared water from over 100 tubewells to be unfit for drinking.[3] UCC's laboratory tests in 1989 revealed that soil and water samples collected from near the factory were toxic to fish. Twenty-one areas inside the plant were reported to be highly polluted. In 1994 it was reported that 21% of the factory premises were seriously contaminated with chemicals.[38][57][58] Studies made by Greenpeace and others from soil, groundwater, wellwater and vegetables from the residential areas around UCIL and from the UCIL factory area show contamination with a range of toxic heavy metals and chemical compounds.[57][58][59][60][61] Substances found, according to the reports, are naphthol, naphthalene, Sevin, tarry residues, alpha naphthol, mercury, organochlorines,chromium, copper, nickel, lead, hexachlorethane, Hexachlorobutadiene, pesticide HCH (BHC), volatile organic compounds and halo-organics. Many of these contaminants were also found in breast milk. In 2002, an inquiry found a number of toxins, including mercury, lead, 1,3,5 trichlorobenzene, dichloromethane and chloroform, in nursing women's breast milk. Well water and groundwater tests conducted in the surrounding areas in 1999 showed mercury levels to be at "20,000 and 6 million times" higher than expected levels; heavy metals and organochlorines were present in the soil. Chemicals that have been linked to various forms of cancer were also discovered, as well as trichloroethylene, known to impair fetal development, at 50 times above safety limits specified by the United States Environmental Protection Agency (EPA).[62] In an investigation broadcast on BBC Radio 5 on November 14, 2004,[63] it was reported that the site is still contaminated with 'thousands' of metric tons of toxic chemicals, including benzene hexachloride and mercury, held in open containers or loose on the ground. A sample of drinking water from a well near the site had levels of contamination 500 times higher than the maximum limits recommended by the World Health Organization.[64] In 2009, a day before the 25th anniversary of the disaster, Centre for Science and Environment (CSE), a Delhi based pollution monitoring lab, released latest tests from a study showing that groundwater in areas even three km from the factory up to 38.6 times more pesticides than Indian standards. [65] The BBC took a water sample from a frequently used hand pump, located just north of the plant. The sample, tested in UK, was found to contain 1000 times the World Health Organization's recommended maximum amount of carbon tetrachloride, a carcinogenic toxin.[66] This shows that the ground water has been contaminated due to toxins leaking from the factory site. Environmentalists have warned that the contamination may lead to decades of slow poisoning, and diseases affecting the nervous system, liver and kidneys in humans. According to activists, there are studies showing that the rates of cancer and other ailments are high in the region.[67] Activists have demanded that Dow clean up this toxic waste, and have pressed the government of India to demand more money from Dow. UCC states that "after the incident, UCIL began clean-up work at the site under the direction of Indian central and state government authorities", which was continued after 1994 by the successor to UCIL, Eveready Industries, until 1998, when it was placed under the authority of the Madhya Pradesh Government.[43] Critics of the clean-up undertaken by Carbide, such as the International Campaign for Justice in Bhopal, claim that "several internal studies" by the corporation, which evidenced "severe contamination", were not made public; the Indian authorities were also refused access. They believe that Union Carbide "continued directing operations" in Bhopal until "at least 1995" through Hayaran, the U.S.-trained site manager, even after the sale of its UCIL stock. The successor, Eveready Industries, abruptly relinquished the site lease to one department of the State Government while being supervised by another department on an extensive clean up program. The Madhya Pradesh authorities have announced that they will "pursue both Dow and Eveready" to conduct the clean-up as joint tortfeasors.[citation needed] The successor, Eveready Industries India, Limited (EIIL), ended its 99-year lease in 1998 and turned over control of the site to the state government of Madhya Pradesh.[40] Currently, the Madhya Pradesh Government is trying to force Dow and EIIL to finance clean-up operations. On 7 March 2009, Indian scientists of the Indian Council of Medical Research (ICMR) have decided to investigate the long term health effects of the disaster. Studies will also be conducted to see if the toxic gases caused genetic disorders, low birth weight, growth and development disorders, congenital malformation and biological markers of MIC/toxic gas exposure.[68] Demographics Bhopal is the capital of the landlocked province of India called Madhya Pradesh. Bhopal is also home to several hospitals, a musical academy, The University of Bhopal, and several smaller colleges. Of the 900,000 Indian citizens, nearly two-thirds were directly affected by the gas leak. A primarily industrial city, 80% of Bhopal's citizens were the working poor, with hard labor, low wage jobs. The lingering disabilities from the gas leak have prevented many people from continuing their trades, forcing this region into further poverty. Though attempts have been made at providing jobs, only 100 have been provided, with 50,000 people still in serious need of economic rehabilitation. Though the initial death toll was astounding a 2,500, it has more than doubled to well over 5,000 since the disaster (unofficial reports are as high as 16,000).[69] Racial distribution is a non-issue, as those affected were almost entirely Muslim Indians. What we must focus on is the fact that those in power to make decisions that led to this disaster were all wealthy white Americans, or high-ranking non-Muslim Indian government officials, who never felt its effects. Certainly a case for distributive injustice. Environmental justice Environmental justice is achieved when everyone, regardless of race, culture, or income, enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making process to have a healthy environment in which to live, learn, and work." (U.S. EPA Environmental Justice Program). [70] In Bhopal Disaster the people living near it accident place where all working class or unemployed. The standard of living was very low. Environmental justice advocates make the argument that minority populations are often related with environmentally hazardous activities because they have few economic choices and are not fully aware of the risks involved with it. A mixture of this lack of awareness and economic power makes poor minority communities a frequent target for environmentally hazardous activities. Preventing environmental disasters Multi-national corporations often target developing countries. They are eager to support industrialization to boost the economy, but lack the infrastructure to manage it properly. Without suitable laws and regulations, developing nations are not prepared for such events. In their efforts to attract business, these nations often overlook the health and safety violations of the corporations doing business in their borders like the Bhopal disaster. The tragic consequences of Bhopal raise issues of both a practical and philosophical nature. Industry is not always good - it can kill, as evidenced by Bhopal, and in poor countries, industrial risk is high. Every day in developing countries there are a wide range of industrial accidents, and people are poisoned over time by environmental pollution. [71]Large multinational companies that set up industrial operations in the third world must take responsibility for their operations and actions. The responsibility must be on them to ensure that safety regulations are met with regard to the health of their workers, and the surrounding environment. Drawn by low-cost labor, new markets, and lower operation costs, corporations have little incentive to address environmental and human risks once they are well-established. On December 3, 2004, the twentieth anniversary of the disaster, a man claiming to be a Dow representative named Jude Finisterra was interviewed on BBC World News. He claimed that the company had agreed to clean up the site and compensate those harmed in the incident, by liquidating Union Carbide for $12 billion USD.[72] Immediately afterward, Dow's share price fell 4.2% in 23 minutes, for a loss of $2 billion in market value. Dow quickly issued a statement saying that they had no employee by that name—that he was an impostor, not affiliated with Dow, and that his claims were a hoax. The BBC broadcast a correction and an apology. The statement was widely carried.[73] "Jude Finisterra" was actually Andy Bichlbaum, a member of the activist prankster group The Yes Men. In 2002, The Yes Men issued a fake press release explaining why Dow refused to take responsibility for the disaster and started up a website, at "DowEthics.com", designed to look like the real Dow website but with what they felt was a more accurate cast on the events. In 2004, a producer for the BBC emailed them through the website requesting an interview, which they gladly obliged.[74] Taking credit for the prank in an interview on Democracy Now!, Bichlbaum explains how his fake name was derived: "Jude is the patron saint of impossible causes and Finisterra means the end of the Earth". He used this approach to garner major media attention showing how Dow could help.[75] After the original interview was revealed as a hoax, Bichlbaum appeared in a follow-up interview on the United Kingdom's Channel 4 News.[76]During the interview he was repeatedly asked if he had considered the emotions and reaction of the people of Bhopal when producing the hoax. According to the interviewer, "there were many people in tears" upon having learned of the hoax. Each time, Bichlbaum said that, in comparison, what distress he had caused the people was minimal to that for which Dow was responsible. In the 2009 film The Yes Men Fix the World, the Yes Men travel to Bhopal to assess public opinion on their prank, and are surprised to find that the residents applaud their efforts to bring responsibility to the corporate world.
Bhopal disaster
[edit]Summary of background and causes
Factors leading to the magnitude of the gas leak include:
[edit]Public information
[edit]Plant production process
[edit]Contributing factors
[edit]Work conditions
[edit]Equipment and safety regulations
[edit]Previous warnings and incidents
[edit]The leakage
[edit]Timeline, summary
[edit]Health effects
[edit]Short term health effects
[edit]Hydrogen cyanide debate
[edit]Long term health effects
[edit]Aftermath of the leakage
[edit]Compensation from Union Carbide
[edit]Economic rehabilitation
[edit]Occupational rehabilitation
[edit]Habitation rehabilitation
[edit]Health care
[edit]Environmental rehabilitation
[edit]Union Carbide's defense
[edit]Investigation into possible sabotage
[edit]Safety and equipment issues
[edit]Response
[edit]Long-term fallout
[edit]Legal action against Union Carbide
[edit]Legal proceedings leading to the settlement
[edit]Charges against Warren Anderson and others
[edit]Changes in corporate identity
[edit]Sale of Union Carbide India Limited
[edit]Acquisition of Union Carbide by Dow Chemical Company
[edit]Ongoing contamination
[edit]Criticisms of clean-up operations
[edit]Settlement fund hoax
[edit]References and additional resources
[edit]Books and reports
[edit]Journal articles and academic papers
[edit]Governmental institutions
[edit]Union Carbide Corporation
[edit]Dow Chemical
[edit]Mixed
[edit]Presentations
[edit]External and Wikipedia links
Wikimedia Commons has media related to: Bhopal disaster
[edit]News
[edit]Films
[edit]Musical tributes
[edit]Photos
[edit]References
[show]Dow Chemical Co.
[show]Toxicology Timeline of articles
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Law of India
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Indian Judiciary is the continuation of the British Legal system established by the English in the mid-19th century based on a typical hybrid legal system in which customs, precedents and legislative law have validity of law. Constitution of India is the supreme authority of the country. There are various levels of judiciary in India — different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, with Supreme Court of India at the top, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom. It hears all prosecutions and civil disputes, including disputes between individuals and the government. Members of the Indian judiciary are independent of the executive and legislative branches of government.
Contents[hide] |
[edit]History
Before the arrival of the Europeans in India, india was governed by laws based on The Arthashastra, dating from the 400 BC, and the Manusmriti from 100 AD. In fact there existed two codes of laws one the Hindu code of laws and the other Muslim code of laws. They were influential treatises in India, texts that were considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism. The Judiciary,]the Executive, and the Legislature were the same person the King or the Ruler of the Land. But the villages had considerable independence, and had their own panchayth system to resolve disputes among its members. Only a bigger feud merited a trans village council. This tradition in India continued beyond the Islamic conquest of India, and through to the Middle Ages. Islamic law "The Sharia" was applied only to the Muslims of the country. But this tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire. The history of Modern Judicial System in India starts from there.
[edit]The Supreme Court
On the 28th of January, 1950, two days after India became a Sovereign Democratic Republic, the Supreme Court came into being. The inauguration took place in the Chamber of Princes in the Parliament building which also housed India's Parliament, consisting of the Council of States and the House of the People. It was here, in this Chamber of Princes, that the Federal Court of India had sat for 12 years between 1937 and 1950. This was to be the home of the Supreme Court for years that were to follow until the Supreme Court acquired its own present premises.
The inaugural proceedings were simple but impressive. They began at 9.45 a.m. when the Judges of the Federal Court - Chief Justice Harilal J.Kania and Justices Saiyid Fazl Ali, M. Patanjali Sastri, Mehr Chand Mahajan, Bijan Kumar Mukherjea and S.R.Das - took their seats. In attendance were the Chief Justices of the High Courts of Allahabad, Bombay, Madras, Orissa, Assam, Nagpur, Punjab, Saurashtra, Patiala and the East Punjab States Union, Mysore, Hyderabad, Madhya Bharat and Travancore-Cochin. Along with the Attorney General for India, M.C. Setalvad were present the Advocate Generals of Bombay, Madras, Uttar Pradesh, Bihar, East Punjab, Orissa, Mysore, Hyderabad and Madhya Bharat. Present too, were Prime Minister, other Ministers, Ambassadors and diplomatic representatives of foreign States, a large number of Senior and other Advocates of the Court and other distinguished visitors.
Taking care to ensure that the Rules of the Supreme Court were published and the names of all the Advocates and agents of the Federal Court were brought on the rolls of the Supreme Court, the inaugural proceedings were over and put under part of the record of the Supreme Court.
After its inauguration on January 28, 1950, the Supreme Court commenced its sittings in a part of the Parliament House. The Court moved into the present building in 1958. The building is shaped to project the image of scales of justice. The Central Wing of the building is the Centre Beam of the Scales. In 1979, two New Wings - the East Wing and the West Wing - were added to the complex. In all there are 15 Court Rooms in the various wings of the building. The Chief Justice's Court is the largest of the Courts located in the Centre of the Central Wing.
The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges - leaving it to Parliament to increase this number. In the early years, all the Judges of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and arrears of cases began to accumulate, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978 and 26 in 1986. As the number of the Judges has increased, they sit in smaller Benches of two and three - coming together in larger Benches of 5 and more only when required to do so or to settle a difference of opinion or controversy.
The Supreme Court of India comprises the Chief Justice and 28 other Judges appointed by the President of India. Supreme Court Judges retire upon attaining the age of 65 years. In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for at least five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years or he must be, in the opinion of the President, a distinguished jurist. Provisions exist for the appointment of a Judge of a High Court as an Ad-hoc Judge of the Supreme Court and for retired Judges of the Supreme Court or High Courts to sit and act as Judges of that Court.
The Constitution seeks to ensure the independence of Supreme Court Judges in various ways. A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity. A person who has been a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.
The proceedings of the Supreme Court are conducted in English only. Supreme Court Rules, 1966 are framed under Article 145 of the Constitution to regulate the practice and procedure of the Supreme Court.
The Supreme Court of India is the highest court of the land as established by Part five, Chapter four of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal.
Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Primarily, it is an appellate court which takes up appeals against judgments of the High Courts of the states and territories. However, it also takes writ petitions in cases of[1] serious human rights violations or any petetion filed under Article 32 which is the right to constitutional remedies or if a case involves a serious issue that needs immediate resolution. The Supreme Court of India had its inaugural sitting on 28 January 1950, and since then has delivered more than 24,000 reported judgments.
[edit]List of Judges of the Supreme Court of India
List of Judges of the Supreme Court of India as on 1st February 2011. [2] [3]
Sr. No | Name of the Judge S/Shri Justice | Date of Appointment | Date of Retirement | Parent High Court |
|---|---|---|---|---|
| 1 | S. H. KAPADIA sir | 2003-12-18 | 2012-09-29 | CJI W.E.F. 2010-5-12 (BOMBAY) |
| 2 | ALTAMAS KABIR | 2005-09-09 | 2013-07-19 | CALCUTTA |
| 3 | R.V.RAVEENDRAN | 2005-09-09 | 2011-10-15 | KARNATAKA |
| 4 | DALVEER CHAND BHANDARI | 2005-10-28 | 2012-10-01 | DELHI |
| 5 | DEVINDER KUMAR JAIN | 2006-04-10 | 2013-01-25 | DELHI |
| 6 | MARKANDEYA KATJU | 2006-04-10 | 2011-09-20 | ALLAHABAD |
| 7 | HARJIT SINGH BEDI | 2007-01-12 | 2011-09-05 | PUNJAB AND HARYANA |
| 8 | V.S.SIRPURKAR | 2007-01-12 | 2011-08-22 | BOMBAY |
| 9 | B. SUDERSHAN REDDY | 2007-01-12 | 2011-07-08 | ANDRA PRADESH |
| 10 | P. SATHASIVAM | 2007-08-21 | 2014-04-27 | MADRAS |
| 11 | GANPAT SINGH SINGHVI | 2007-11-12 | 2013-12-12 | RAJASTHAN |
| 12 | AFTAB ALAM | 2007-11-12 | 2013-04-19 | PATNA |
| 13 | JAGDISH MADHURLAL PANCHAL | 2007-11-12 | 2011-10-06 | GUJARAT |
| 14 | Dr. M.K. SHARMA | 2008-04-09 | 2011-09-18 | GAUHATI |
| 15 | CYRIAC JOSEPH | 2008-07-07 | 2012-01-28 | KERALA |
| 16 | A.K. GANGULY | 2008-12-17 | 2012-02-03 | CALCUTTA |
| 17 | R.M. LODHA | 2008-12-17 | 2014-09-28 | RAJASTHAN |
| 18 | H.L. DATTU | 2008-12-17 | 2015-12-03 | KARNATAKA |
| 19 | DEEPAK VERMA | 2009-05-11 | 2012-08-28 | MADHYA PRADESH |
| 20 | DR. BALBIR SINGH CHAUHAN | 2009-05-11 | 2014-07-02 | ALLAHABAD |
| 21 | ANANGA KUMAR PATNAIK | 2009-11-17 | 2014-06-03 | ORISSA |
| 22 | TIRATH SINGH THAKUR | 2009-11-17 | 2017-01-04 | JAMMU AND KASHMIR |
| 23 | K.S.P. RADHAKRISHNAN | 2009-11-17 | 2014-05-15 | KERALA |
| 24 | SURINDER SINGH NIJJAR | 2009-11-17 | 2014-06-07 | PUNJAB |
| 25 | SWATANTER KUMAR | 2009-12-18 | 2012-12-31 | DELHI |
| 26 | CHANDRAMAULI KUMAR PRASAD | 2010-02-08 | 2014-07-15 | PATNA |
| 27 | HEMANT LAXMAN GOKHALE | 2010-04-30 | 2014-03-10 | BOMBAY |
| 28 | SMT. GYAN SUDHA MISRA | 2010-04-30 | 2014-08-28 | PATNA |
| 29 | ANIL RAMESH DAVE | 2010-04-30 | 2016-11-19 | GUJRAT |
| 30 | ||||
| 31 |
[edit]Issues
Indian courts have large backlogs. For instance, the Delhi High Court has a backlog of 466 years according to its chief justice.[4] This is despite the average processing time of four minutes and 55 seconds in the court.[4] In Uttam Nakate case, it took two decades to solve a simple employment dispute. However it need to be mentioned that the concept of backlogs doesn't describe the actual reason for some many cases lying in the courts. Rather the term "backlog" has been misused and the term "pendency" is the right word for describing the large number of cases pending in the courts today. As could be understood, the largest number of cases that are actually pending in the Indian Courts are that of minor Motor Vehicle Cases,( which evolves out of wrong parking, minor road accidents, not following traffic rules, etc. In this cases, the people involved are generally the drivers, who happen to carry 3-4 driving licences having different addressess. Thus, the actual address is never given to the police officer, due to which the accused couldn't be produced before the court for years at end and many times never.)petty crimes such as stealing ( in some cases the sum of money can be as low as 10 Rs.),abusing,insult,slap etc.It is a established fact which the Govt. of India accepts that there is 40 % shortage of judiacial staff. Opposition and ruling party's corrupt politcians profit from the delays in the system.
Corruption is rampant in India's courts. According to Transparency International, judicial corruption in India is attributable to factors such as "delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws".[5]
[edit]Jurisdiction and Seat of High Courts of India
| Name | Year of Establishment | Jurisdiction | Seats |
|---|---|---|---|
| Allahabad | 1866 | Uttar Pradesh | Allahabad(Bench at Lucknow) |
| Andhra Pradesh | 1956 | Andhra Pradesh | Hyderabad |
| Bombay | 1862 | Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu | Mumbai(Benches at Nagpur, Panaji and Aurangabad) |
| Calcutta | 1862 | West Bengal | Calcutta(Circuit Bench at Port Blair) |
| Chhattisgarh | 2000 | Chhattisgarh | Bilaspur |
| Delhi | 1966 | Delhi | Delhi |
| Guwahati | 1948 | Assam, Manipur, Meghalaya, Nagaland,Tripura, Mizoram and Arunachal Pradesh | Guwahati(Benches at Kohima, Aizwal &Imphal.Circuit Bench at Agartala &Shillong) |
| Gujarat | 1960 | Gujarat | Ahmedabad |
| Himachal Pradesh | 1971 | Himachal Pradesh | Shimla |
| Jammu &Kashmir | 1928 | Jammu &Kashmir | Srinagar &Jammu |
| Jharkhand | 2000 | Jharkhand | Ranchi |
| Karnataka | 1884 | Karnataka | Bangalore |
| Kerala | 1958 | Kerala &Lakshadweep | Ernakulam |
| Madhya Pradesh | 1956 | Madhya Pradesh | Jabalpur(Benches at Gwalior and Indore) |
| Madras | 1862 | Tamil Nadu & Pondicherry | Chennai (Bench at Madurai) |
| Orissa | 1948 | Orissa | Cuttack |
| Patna | 1916 | Bihar | Patna |
| Punjab & Haryana | 1975 | Punjab,Haryana &Chandigarh | Chandigarh |
| Rajasthan | 1949 | Rajastan | Jodhpur(Bench at Jaipur) |
| Sikkim | 1975 | Sikkim | Gangtok |
| Uttarakhand | 2000 | Uttarakhand | Nainital |
[edit]Judges of the High Courts
List of 895 Judges of all the High Courts of India as on 1st February 2011. [6] [7]
[edit]References
- ^ Introduction to the Constitution of India Dr. Durga Das Basu Sameer Ahmed
- ^ http://lawmin.nic.in/doj/welcome.htm
- ^ http://bombayhighcourt.nic.in/libweb/schclist.pdf
- ^ a b "India's Legal System in Need of Overhaul".
- ^ Praful Bidwai. "INDIA: Legal System in the Dock".
- ^ http://lawmin.nic.in/doj/welcome.htm
- ^ http://bombayhighcourt.nic.in/libweb/schclist.pdf
[edit]See also
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India's Supreme Court rejects harsher Bhopal charges
Thousands of people were affected by the gas leak in December 1984India's Supreme Court has rejected a request to re-open the 1984 Bhopal gas disaster case in order to impose harsher sentences on the accused.
Prosecutors made the appeal following last June's verdict handing down brief jail sentences to seven former managers at the Union Carbide plant.
The accused were prosecuted for negligence in relation to the disaster.
The Indian government says some 3,500 people died within days of the leak - with more than 15,000 dying since then.
Campaigners put the death toll as high as 25,000 and say the effects of the leak continue to this day.
Survivors say that are extremely disappointed with the court's ruling - a BBC correspondent in Delhi says it has come as a big blow to them.
In its ruling on Wednesday, the Supreme Court said that the "petition is based on a plea that is wrong and fallacious".
The judges said that "no satisfactory explanation" had been given for filing the petition after so long.
Union Carbide officials had initially been charged with "culpable homicide", but a 1996 court ruling diluted the charges.
Within minutes of the ruling being made, survivors reacted with dismay.
"The verdict comes as a shock for all the victims. We expected the court to review the case, understand our problems and deliver justice but sadly this has not happened," the AFP news agency quoted Balkrishna Namdeo, an activist of the Bhopal Gas Victims' Association in Bhopal, as saying.
"Every victim of the Bhopal gas leak is upset and angry today and we will express our anger across India," he said.
Last June's court order, which handed down two-year jail sentences to former plant managers, led to a public outrage in India.
In August, prosecutors challenged the leniency of the sentences and sought restoration of stringent charges of "culpable homicide not amounting to murder" against the accused.
The convictions were the first since the disaster at the Union Carbide plant - considered to be the world's worst industrial accident.
In December, the government also filed a petition in the Supreme Court seeking to more than double to $1.1bn (£700m) the compensation paid by the US chemical company for the disaster.
The attorney general's office filed a case in the court to increase the $470m settlement reached in 1989.
Many victims and campaigners say the compensation is grossly inadequate.
Dow Chemicals, which bought Union Carbide in 1999, has said in the past that the $470m settlement was fair and final.
Bin Laden sons' anger at killing
US aid to Pakistan: What next after Bin Laden
An efficient energy sector is the main priority for all businesses to be productive and competitiveAmerica has given Pakistan $18bn (£11bn) in aid since 2002, but some question whether the money has been spent wisely.
Since the death of Osama bin Laden at his compound near a Pakistani army barracks, the financial relationship between the two countries has come under close scrutiny.
One member of the US Congress has said that before any more money is sent to Pakistan, the country must decide which side it is on.
Another senator has said there should be more strings attached to any US taxpayer-funded aid to Pakistan.
Endemic corruptionAustin Long, a professor of international and public affairs at Columbia University in New York, maintains that the US security aid has done a lot to build up some Pakistani capabilities.
"It has helped them with their security efforts - the case of Osama Bin Laden being a notable exception," he says.
However, he does not feel as confident about the development assistance which the country has received.
"Some of it has done some good, particularly in frontier regions, but it is tough to know where a lot of it goes," he says.
"The same is true to some extent with the military aid, although when you see the success the Pakistani troops have had against terrorism you can see what you are getting for the money," he notes.
One of the greatest challenges facing Pakistan's political system, is to eradicate endemic corruption.
"Corruption is not at the catastrophic levels of some countries," Prof Long says, "But a proportion of any aid can be considered to have been diverted to other things."
Military mightThere are forces preventing a wider spread of entrepreneurial capitalism in Pakistan.
Some people would prefer to see more money spent on infrastructure rather than on the militaryProfessor Long believes Pakistan is where India was before the deregulation which took place after the end of the Raj.
"In Pakistan you have a very powerful military which has an interest in businesses," he says.
"The military has an entrenched economical lead in both agriculture and industry, so Pakistan society and economy will have to undergo some profound changes to unleash the capitalist spirit - which is there."
Negative impactThere are concerns about what would happen if US funds, supplied by the US Agency for International Development (USAID), are turned off.
"It would not be immediately catastrophic," says Professor Long, "But the country's economy has not being doing well for some time now with extremism and natural disasters such as flooding and earthquakes."
He notes that the economy has been under stress for some time, so the loss of that US aid would ultimately have a major impact - particularly on the military, which sees itself as the guardian of stability in the country.
Aid is not the only thing keeping Pakistan's military bound together, but it is certainly helping.
"The government could find the money to keep the military functioning but that would be money diverted from other projects, and so the economy would begin a downward spiral," he says.
Repeat scenarioThere is no indication that the US administration is about to review its aid policy.
But what effect has the chill in the political relations between the US and Pakistan had, especially on the business climate and inward investment?
Kamran Mizra, chief executive of the Pakistan Business Council, concedes that the world is looking at the country very suspiciously.
"In the short term, things are not looking good for Pakistan," he says.
He hopes that the current issues and problems are resolved and that Pakistan can get back to a normal relationship with the US.
"After the events of 11 September 2001 we had a very similar situation but we bounced back and we had the highest domestic growth between 2003 and 2007, along with a very large inflow of foreign investment," he says.
Bigger profileSome people have raised doubts that money put into the country by the American taxpayer is not doing what it is meant to do and should be used in other ways.
"I cannot underestimate the need for security. We cannot ignore that we live in a very tough neighbourhood," Mr Mizra points out.
"But I think US aid should focus more on development and working more with the private sector, rather than giving money to government agencies," he says.
"It would yield better results and also create employment and impact the common man more visibly."
Success storyEven prior to the death of Osama Bin Laden, the image of Pakistan fighting terrorism on a daily basis affected the travel plans and investment plans of foreign investors.
"But the multi-nationals already operating in Pakistan are doing extremely well," Mr Mizra says.
"The returns on investment are very good, despite the additional costs of paying for their own security arrangements," he adds.
He believes that foreign investment can help with infrastructure and the provision of energy, whilst foreign aid should go to improving the education and health facilities of the country.
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