Crying Out For Justice

The Bhopal gas disaster took place in 1984 – and victims are still looking for justice.

As this article from Time magazine says:

“Two decades on, a criminal case charging Union Carbide and its officials with culpable homicide is still dragging on in a local court in Bhopal, because none of the accused have been available to the court. In 1985, the Indian government had filed a $3.3 billion claim in a U.S. court against Union Carbide, but eventually settled out of court for $470 million — which amounted to less than $500 for each of the 500,000 people harmed by the accident. In addition, Union Carbide never cleaned up the accident site, which continues to leech highly toxic chemicals into the soil and groundwater of the surrounding area, affecting even people born decades after the gas leak. In 2001, Dow Chemicals acquired Union Carbide, but has refused to accept any liability for Bhopal.”

Why was relief in torts not sought?

There is no need for a criminal case if compensation for the victims is sought. There is therefore no need to prosecute the case “beyond any reasonable doubt”.

Decisions in tort cases are based “on the preponderance of evidence” – and decisions are therefore quick.

And this is a “private”, not State action: Anyone can “sue” anyone who causes him damage. It is a "civil", not "criminal" case. Note that the article says:

“In 1985, the Indian government had filed a $3.3 billion claim in a U.S. court against Union Carbide, but eventually settled out of court for $470 million — which amounted to less than $500 for each of the 500,000 people harmed by the accident.”

So the government can sue and collect the relief on behalf of the tort victims, but the people cannot sue and collect for themselves!

This is not a “rule of law society”.

Something is seriously wrong with the administration of justice.

Perhaps it is all-round “knowledge failure.”

(And they want to teach!)