Catastrophe of Bhopal

The catastrophe of Bhopal , occurred the December 3rd 1984, is most important industrial Catastrophe to date. The explosion of a factory of pesticides released 40 tons of Isocyanate of methyl in the atmosphere of the city, killing between 16.000 and 30.000 people, including eight thousand the first night.

First steps

The installations causes some in the catastrophe of Bhopal belonged to the Union Carbide India Limited (UCIL), subsidiary Indian of the Union Carbide Corporation (UCC) , one of the first chemical groups states-uniens. Their construction had already presented security issues, announced in 1982, and presumedly regulated since.

By reducing the operation costs to increase a profitability considered to be insufficient, the group would have sacrificed safety.

In the Sixties, India whose population increases quickly aims at the food Autosuffisance via a “Green revolution”. The selected plants require more manure and more pesticides. The project of UCC to build a factory of Pesticide S is thus well accommodated, its production in front of according to its promoters making it possible to save nearly ten percent of annual harvest. A first factory is built in 1969 in the State of Madhya Pradesh, in the center of the country. In 1977, the Indian government requires the construction of one second factory, under penalty of not renewing the user license of UCCI.

This second factory is built in 1978 with Bhopal, capital of the State then cash less than 300.000 inhabitants, with 600 kilometers in the south of New Delhi. The factory designed to produce 5.000 tonnes/an pesticides (whereas the demand for India would never have exceeded the 2000 tonnes/an), is with 5 kilometers outside the city, and with one kilometer of the station. It produces Temik and the Sevin , primarily composed of Isocyanate of methyl (or MIC; Methyl isocyanate in English), produces extrèmement toxic and allergen. This product can be quickly neutralized by an envelope of Soude which would prohibit any emanation (Union Carbide corporation had however not considered to be useful to make be reproduced that in the reports/ratios on the safety of the factory). This liquid very dangerous for all the living beings is confined at a temperature lower than 0°C, temperature beyond which it is transformed into a gas heavier than the air, as toxic as the Chlore.

Attracted by the water, the electricity and the wages offered by the factory, the population will flow around the industrial site: the population passes to 385.000 inhabitants in 1971, to 671.000 in 1981, then with nearly 800.000 in 1984. Poorest bind themselves in the Bidonville of Khasi Camp located between the city and the factory. Of isolated that it was, the factory is found included in a dense city of which the closest houses or shelters cling to nettings of enclosure, without diagram of urbanization nor possibility of applying a management system of the industrial risk to the peripheral zones. The factory will never turn to full capacity, announcing incidents and serious accidents as of the year of its construction (1978), in particular followed immense Incendie in 1978 and of five important escapes of Gaz in 1981 and 1983 balanced by a death and forty seven wounded, more than 670.000 dollars of damage. All that will have overlooked thanks to the local good relationships of UCIL: “It is true that the local politicians could nothing refuse in Union Carbide (India) which offered emoluments, sinecures and receptions sumptuous to them”. The Indian government will extend for a further seven years the authorization of manufacture of the Sevin in spite of the warnings of the press and members of the opposition of the Parliament of the State.

In 1982, a detailed inspection reveals ten serious deficiencies in the security systems of the factory.

Starting from 1982, the factory becomes largely overdrawn because of the price-cutting of its products. UCC, the head office, consider its closing but the Indian government refuses because that would constitute a very bad example for other potential foreign investors. To rebalance its accounts, Indian subsidiary company UCIL then decides to reduce the operating costs and, with this intention, gradually lays off part of its qualified personnel, of which a part will be replaced by less trained employees.

In 1984, after multiple temporary closings, two of the ten deficiencies announced in 1982 are still not corrected.

The catastrophe

The first incident

The first significant incident takes place the October 21st 1984, towards 22:00: the operators fail in their attempt to increase the pressure in the tank 610 to extract the MIC from them which is stored there.

Harms from Sunday the 2nd to Monday, December 3

The factory then is partially closed and idles with manpower even more reduced than of habit.

21:15 : An operator of MIC and his foreman carry out the washing of a pipe with large Eau. This pipe communicates with silo 610; it seems that the valve remained opened, contrary to the security instructions. Water thus will run during more than 3 hours and approximately thousand liters of water will flow in the tank.

22:20 : Tank 610 is filled with MIC to 70% of its capacity (it contains exactly 11.290 Gallon S, that is to say approximately 42.740 Liter S. One measures an interior pressure of 2 there psi (1 psi = 0,068 94 bar), value considered as normal (the acceptable pressure lies between 2 and 25 psi.)

22:45 : The new night shift takes the changing.

23:00 : A controller notes that the pressure of tank 610 is of 10 psi, that is to say five times more than hardly an hour before. Accustomed to the dysfunctions of testing devices, it does not hold account of it. Employees feel tinglings of the eyes and announce also a small escape of MIC close to this tank. Such facts being frequent in the factory, one does not pay to it special attention.

23:30 : The escape is located and the controller is warned. This one decides that it will be occupied some with midnight and quarter, after its pause the.

00:15 : The interior pressure of tank 610 exceeds the acceptable limit: it reaches 30 psi and seems to continue to increase.

00:30 : The pressure reaches 55 psi. The controller, facing the instructions received not to disturb his department head unnecessarily, finally decides to telephone to him to prevent it. He leaves then to go to observe the state of the tank, which trembles and releases from heat. The concrete lid of the tank is split, then the valve of safety explodes, letting escape a mortal cloud.

01:00 : The department head arrives, notes quickly the toxic gas leaks of tank 610 and makes sound alarm.

02:30 : One succeeds in closing the valve of safety of silo 610.

03:00 : The plant manager arrives and gives the order to prevent the police force, which had not been made hitherto, because the semi-official policy of the factory was never not to imply the local authorities in the minor problems of operation. Carbide observed the same policy in the USA.

A toxic cloud is spread on an extent of twenty-five square kilometers. The major part of the population sleeps or does not react to the alarm signal. The factory workers, conscious of the danger, flee without using the four buses parked in the court. It is difficult to prevent the authorities because the telephone lines of the factory function badly.

Panic extends to all the city and, in most total incomprehension, of the hundreds of thousands of people are taken with the trap, wandering in the narrow lanes of the shantytown, seeking helps which will be long in being set up. The gas attacks initially the eyes, involving a Cécité, provisional in the successful outcomes, before being engulfed in the Poumon S to cause serious respiratory insufficiencies. The three hundred and fifty doctors of the city who little by little mobilize themselves waste time to include/understand what occurs because none of them was informed on the true nature of the MIC and of the dangers that it presents.

The government of the Madhya Pradesh established the detail of the human account:

3.828 dead (identified)
40 final total disablements
2.680 final partial disablements
1.313 temporary partial disablements with final disability
7.172 temporary partial disablements with temporary disability
18.922 final disabilities without incapacity
173.382 temporary disabilities without incapacity
155.203 temporary wounds without disability

Maybe, on the whole, 362.540 victims to differing degree. Only 80.000 compensation requests near the Indian authorities will be deposited.

As of the December 4th, Warren Anderson, chairman from Union Carbide, leave to inspect the places with a team of experts to try to make the light on the drama. It is arrested and imprisoned then finally expelled. It is only the December 20th which the authorities will let come the board of inquiry on the spot. As of the December 6th, the factory was closed and his dismantling was undertaken. Around the December 13rd, the inhabitants of the city started to flee in mass, very often without precise destination, because it was necessary to restart the factory in order to destroy remaining gas stocks.

Stock exchange battle

As of December 1984, the course of action UCC to Wall Street falls of 52 $ to 32 $ and the company sees its dimension credit to fall. That implies a higher bidding of the loan S which it contracts and, therefore, an increase in its financial expenses which comes to weaken its results. The company is some all the more weakened since, overall, its results of the former years were already below the average of those of industry.

During the summer 1985, the rumor of future a Public offering of purchase (tender offer) is spread. It is about an attempt at repurchase of a sufficient number of actions of UCC to modify the internal power struggle and to thus take the majority of the votes to the Board of directors during a Extraordinary general assembly of the shareholders. The increased request for actions of UCC quickly makes go up the course, doubling it almost since it reaches 60 $.

The August 14th 1985, a competitor states-unien, GAF Corporation, announces that it holds 5,6% of the actions of UCC. The August 28th, the board of directors of UCC announces series of measure to be protected from this attack. The principal ones relate to material changes among the personnel directing, of the nonprofitable factory shutdowns and the setting with foot of approximately 4.000 people for only the the United States, in order to reduce the costs of exploitation. GAF corporation repurchases the outstanding shares, which still makes assemble the courses. But, in same time, UCC also proceeds it to the repurchase of the greatest possible number of its own actions. So the stock exchange continues to go up. In spite of that, the August 30th 1985, GAF Corporation controls already 10% of the actions and continues its attack. Lastly, the December 9th 1985, GAF Corporation makes an purchase offer to 4,3 billion dollars is an offer of 68 $ per action. The December 15th, UCC makes against-offers and forces GAF to offer 74 $ per action the December 26th, then 78 $ per action the January 2nd 1986, which would represent 600 million dollars moreover than one month before.

But, this same January 2nd, 1986, UCC a complete plan of reorganization involving of deep changes announces. This plan includes/understands:

the sale of the division of the products of the great consumption ( Eveready , Prestone , Glad , etc), by far most profitable of the group, for an amount of 2,2 billion dollars;
a new buyout offer of actions for 500 million dollars;
of new factory shutdowns and the reductions of manpower;
the creation of a supplementary programme to the environment having a budget of 100 million dollars;
the sale or the revaluation of various credits (90 million for stocks, 675 million on the permanent assets, 100 million expenses of factory shutdowns);
the sale of nonstrategic credits for an amount of 500 million.

Vis-a-vis this avalanche of measurements, the January 9th 1986 GAF Corporation withdraws its offer and resells its actions with UCC. GAF carries out a benefit of more than 90 million dollars.

Legal battle

The drama of Bhopal will give place to two distinct procedures: the first will oppose the State of Madya Pradesh to the UCIL, the UCC and the Indian Gouvernement; the second will oppose the Indian government to the UCIL, the UCC and the government of the United States

The first stage will consist in choosing the qualified court, each part wishing to be judged in the country of the other, for reasons of jurisprudences. The May 12th 1986, Keenan Judge decides that the business cannot be judged in the United States.

As of the August 8th 1986, in an interview granted to the London daily newspaper Times, UCC announces which will be its line of defense: the MIC react violently to the contact with water, which no employee should be unaware of, UCC thus will assert of a Sabotage.

On its side, the Indian government adopted a hard line with respect to the opposing party, systematically refusing all the offers of assistance, gifts or co-operation, and preparing to show the direct responsibility for UCC in the business. He asks for an allowance of 15 billion dollars in compensation and for exemplary damage - this is why he asks that the case be judged in the United States, which has a more abundant jurisprudence and the practice to grant to the victims of the high damages. He thus makes Appel decision of Keenan judge declaring the jurisdictions states-uniennes inefficient.

The November 17th 1986, UCC publish reports of investigation underlining the fact that the introduction deliberated on great quantities of water into tank 610 caused the disaster. The November 21st, a representative of UCC announces that the name of the guilty Indian employee of this gesture will be revealed at the court in convenient time. The Indian government is débouté the January 14th 1987 by the second room of the Court of Appeal of Manhattan. It specifies in its judgment that UCC is not directly implied; it confirms that its Indian subsidiary company UCIL is a legal entity independent and separated from UCC, alleging that it is directed only by Indian citizens and employs only nationals.

While UCC continues to accumulate evidence and presumptions, and protests against impossibility of reaching a key witness, S. Sunderajan, the procedure is set up at Bhopal. The December 17th 1987, UCC denounces the fact that the Court of the District of Bhopal wants to make him pay a provisional amount of 270 million dollars before even the audiences. The January 18th 1988, the States-uniens call some at the High court of the State de Madhya Pradesh to make cancel this ordinance. The April 4th, Sethy judge confirms the provisions for damage imposed by the Court of Bhopal but brings back the amount to 192 million.

The May 10th 1988 is published the study of the cabinet Arthur D. Little which confirms the thesis of sabotage. The June 3rd the States-uniens make to call near the High Indian Federal court of the judgment of the High court of the State de Madhya Pradesh of the April 4th.

The September 8th 1988, the High Indian Federal court gives reason to the States-uniens. The October 14th, Deo Judge, of the District court of Bhopal is deprived of the business to the profit of an other judge more experienced. The drama goes back then to nearly four years. The victims continue to wait.

It is finally the February 14th 1989 which the Indian Supreme court returns its verdict: the states-uniennes part is condemned to pour a total of 470 million being divided into 50 million for UCIL (paid for their exchange-value in rupee S), and 415 million for UCC (the 5 missing million corresponds to the sum which the American federal court had immediately obliged UCC to pay for first aid with the victims). As of the February 24th, the two condemned companies announce that the required sums were versed.

The decision of the Supreme court causes many movements. Indeed, in addition to the time higher than four years which was necessary to arrive at a conclusion, much of people find the amount of the rather weak judgment. The extent of the reactions is such, in the world, that the May 4th 1989, the Indian Supreme court, in a long plea, defends its judgment while insisting on the fact that, compared to the Indian uses, the necessary sums are extremely high. This plea will be largely used by UCC which tries to remake an image, at least in India, while showing at which point it was punished.

Consequences

In the week which follows the catastrophe, then again in February and May 1985, UCC sends to Bhopal doctors, of which some are international celebrities in Pneumologie and Ophtalmologie, as well as medical device. The December 10th 1984, UCC offers to a million dollars to the funds of intervention of the Indian Prime Minister. During the first six-month period 1985, the employees states-uniens of UCC, just like the pensioners or the old ones of the company collect and send 120.000 dollars to the various organizations of help in Bhopal L. Progressively with the awakening of the width of the damage, UCC reinforces these measurements. The April 18th 1985, it offers five million dollars to the title of the humanitarian Aid. These funds are refused by the Indian Gouvernement and they will be later on versed with the Croix-Rouge states-uniennes under Bhopal. To date, it seems that two million only was used by the Indian Red Cross. In April 1985 and January 1986, UCC makes a loan of 2,2 million dollars to the Université of the State of the Arizona to set up a Technical center and formation for Bhopal. In May 1986, UCC still gives a million to a Governmental organization (ONG) Suisse, Sentinelles , for training programs medical with Bhopal.

In January 1986, UCC and UCIL offer to finance the construction of a Hôpital intended for the treatment of the victims of Bhopal. This offer will be retained in October 1991 by the Indian Supreme court which will ask the two companies to pour approximately 50 million rupee S to this end (either a little more than 100 French franc million). A few days later the two companies will confirm their agreement for this contribution which still had not been accepted by the Indian authorities end 1992.

At the time of a short speech presented to the economic forum of Davos, the February 5th 1991, the new president of UCC, Robert Kennedy, affirmed: “ Care for the planet has become has critical business exit -- exchange to our jobs ace senior managers ” (to be concerned with our planet became a essential Enjeu for the companies -- fundamental for our responsibility for leaders).

In addition to the formal engagement of the president in favor of the respect of the Environment and the security issues, UCC created a committee “health, safety. made up environment” external people; an executive vice-president (that is to say the equivalent of an executive vice president in a Multinational French) is from now on specifically in charge of the environmental problems. The performances of UCC as regards fight against the Pollution, of safety and respect of the environment, are the object everywhere in the world of regular audits carried out by independent and credible specialist companies. The company also defined an environmental strategic planning having precise objectives and controllable.

With regard to the safety of the installations, the written procedures were rewritten to make them really operational. One thus passed of more than one meter thickness of documents to 1,5 cm. To that many sensitization programs and of responsibilisation of the personnel are added, a revision of all the production processs, of transport, use and elimination of the hazardous substances.

UCIG, subsidiary company producing of industrial gases, reduced by 97% its toxic emissions between 1987 and 1990. UCC&P, subsidiary company producing the chemicals and plastic S, reduced its rejections of carcinogenic substances of 50% and potentially carcinogenic substances of 90% for the same period.

industrial Pollution

Time of the activity of the factory, Déchet S had been hidden in the ground, without protection. Today still (at the end of 2003), this waste spreads in the ground water, poisoning the water drawn by the inhabitants in the neighborhoods. Approximately 30 people die each month of this toxicity, but nothing is done to clean the factory, where waste trails with open sky, and which the children of the Bidonville S use like playing field.

Continuations

Warren Anderson, the chairman of the factory is sought by the Indian authorities to have neglected 30 major security issues in this factory, whereas similar problems had been repaired in a factory located at the the United States. The bad maintenance of the factory is the cause of this explosion.
La Union Carbide company was then repurchased by Dow Chemical which left the site to the abandonment.

Compensations were granted to some families to avoid complaints, and the majority of the survivors continue to live with the accesses of an always toxic site. Union Carbide poured 470.000.000$ but continuous to refuse to accept the responsibility. Each victim received approximately 500$.

See too

Environment

External bonds

- Web site of Gerard Verna
Site of Union Carbide on the catastrophe of Bhopal

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