Bhopal Gas Explosion Investigations

Navendu Mishra Excerpts

Tuesday 15th November 2022 Westminster Hall

[Navendu Mishra (Stockport) (Lab)]

I beg to move,

That this House has considered potential UK support for investigations into the Bhopal gas explosion.

It is a pleasure to serve under your chairship, Ms McVey. I thank right hon. and hon. Members who are here to contribute for their interest in raising awareness of the tragedy and, most importantly, for campaigning for justice for the victims and survivors. I declare an interest as co-chair of the all-party parliamentary group for India (trade and investment) and the secretary of the Indo-British all-party parliamentary group.

As hon. Members know, 38 years ago next month, the greatest industrial disaster in history occurred in the Indian state of Madhya Pradesh, where a Union Carbide plant leaked 27 tonnes of the deadly gas methyl isocyanate. None of the six safety systems designed to contain such a leak was adequate or operational, allowing the gas to spread throughout the city of Bhopal. The aftermath was catastrophic: up to 10,000 people died in the first 72 hours of the leak; over half a million people were exposed to the gas; 25,000 people died as a result of gas exposure; 150,000 chronically ill survivors remain; and an estimated 100,000 people have been exposed to contaminated water. By 2002, Greenpeace reported that 150,000 victims were chronically ill, with—even at that point—one person dying every two days.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

I congratulate my hon. Friend on securing this important debate and thank him for doing so. The Bhopal gas disaster is history’s worst industrial catastrophe: 25,000 people were killed or died later from their injuries. As he pointed out, approximately 120,000 to 150,000 people remain chronically ill, with no hope of recovery. Does he agree that, rather than being betrayed and ignored, after 38 long years victims and their families deserve justice, accountability and proper compensation?

[Navendu Mishra]

Those figures are staggering, but several organisations have disputed them, saying that they are probably much higher in reality. Thirty-eight years is a very long time. I am 33 years of age; I was born in 1989—years after the gas leak. I fully agree with my hon. Friend’s point.

After the disaster it took almost five years for Union Carbide, in a partial settlement with the Indian Government, to pay out to some of the victims. The $470 million agreed resulted in 93% of claimants being awarded the equivalent of £380 each for what, in reality, are life-changing injuries. Over 38 years, that amounts to a measly and unjust 5p a day. The victims were not consulted during the settlement discussions and, understandably, many felt cheated by the compensation.

Although it may seem far-fetched, it appears that corporations value a Bhopali survivor’s life 100 times less than the life of an Alaskan seabird, because in 1989 —the same year as the partial settlement—Exxon spent $51,000 on the rehabilitation of each bird affected by its oil disaster.

The Dow Chemical Company, which is the parent company of Union Carbide, has for too long evaded its responsibility to the victims and survivors. Even before the explosion, the factory had been dumping toxic waste on the site and at nearby solar evaporation ponds, poisoning the water supply; and, after a cost-cutting spree from managers, old and faulty safety equipment was issued, and safety training cut from six months to two weeks. In addition, the safety training manuals were in English. It does not take a genius to work out that many people would not understand English in a state where the majority of people are Hindi speakers. Then again, that complete lack of awareness was evident when, only 19 years ago, Dow’s public affairs officer described the $500 payment in the 1989 payout as

“real good for an Indian.”

That is a disgusting attitude.

Today we are still campaigning for justice for the victims and survivors. Groups such as Action for Bhopal, the International Campaign for Justice in Bhopal, the trade union Unison, the British TUC, and Indian civil society and trade unions, have all called for compensation, environmental remediation, medical care and research, and support for the victims.

In 2013, Unison welcomed survivors of Bhopal to its national delegate conference, and I thank Unison for standing up for the victims. Several trade union members were killed in the Bhopal tragedy. If their concerns had been listened to by management, the leak might not have happened.

I place on the record the name of Mr Ashraf Mohammad Khan. He died horribly after being drenched in phosgene in an event just a few years before the 1984 tragedy. The safety systems at the plant were not only incredibly poor; they were virtually non-existent and accidents with fatal consequences took place earlier in the 1980s.

In this House, the work of my right hon. Friend the Member for Hayes and Harlington (John McDonnell), my hon. Friend the Member for Brent North (Barry Gardiner) and my right hon. Friend the Member for Islington North (Jeremy Corbyn) has not gone unnoticed in the historic campaign to raise awareness of this tragedy. I am also aware that the right hon. Tessa Jowell, the late Member for Dulwich and West Norwood, was also supportive of the survivors and victims.

Sadly, despite the fact that it has been conceded that this was “a terrible tragedy” and one that continues to affect the citizens of Bhopal to this day, in written parliamentary questions that I tabled earlier this year the UK Government’s abdication of responsibility for the victims of this tragedy was plain to see. Indeed, what is more disappointing is that the Minister who responded claimed that responsibility for remediation rests with the Indian authorities, when it is clear that it lies with the Dow Chemical Company. It is very disappointing that the Foreign, Commonwealth and Development Office seems to be parroting the lines of Dow’s public relations department.

In 2012, when we were celebrating the sporting expertise of nations from across the globe at the Olympics in London, the current Chancellor, who was then the Secretary of State for Culture, Media and Sport, signed off on Dow sponsoring a fabric wrap around the Olympic stadium at a cost of £7 million. I hope the Minister here today can explain why. Surely the Government agree that companies that abuse human rights that have failed to redress abuses for which they are responsible must be held to account and made to repair the harm they have caused, rather than being rewarded with highly profitable contracts and prestigious sponsorship agreements. Alternatively, is it the case that the current Government do not want to understand the plight of the victims and survivors?

Some people have wrongly alleged that this case is all but settled and that the pay-off in 1989 dealt with this monumental tragedy. However, it is far from “case closed” when justice continues to be evaded. In 1991, just two years after the settlement, a US Supreme Court order reinstated section 304B criminal charges against a dozen accused, which included Union Carbide. Over 30 years ago, Indian courts declared Union Carbide a “proclaimed absconder” for its failure to attend trial.

Since 2001, Dow has been issued with six summons and to this day it has still not appeared. India has since filed a curative petition in its Supreme Court to remedy what it termed “a gross miscarriage” of justice and perpetration of irredeemable injustice being suffered by the victims of the Bhopal gas tragedy. The petition argues that civil compensation has been based on mortality and morbidity figures that were completely incorrect and far removed from reality. We await the next hearing on this tragedy early next year.

Before I secured this debate, the FCDO asked me whether I wanted a meeting to discuss the specific issues relating to the tragedy that I wanted to explore, so I will now directly raise those issues with the Minister.

As the Government continue to negotiate a trade agreement with India, which I of course welcome, we must not see our ties as being wholly about shared business interests, but about our shared responsibilities. Our responsibility in the face of this disaster, which took place 38 years ago, is to try to obtain justice for the victims and their families. That includes lobbying Dow to provide unpublished findings of all studies on the effect of methyl isocyanate on living systems, and to provide unpublished findings of investigations into the soil and groundwater in and around the Bhopal factory.

Additionally, Dow previously accepted liability for asbestos claims against Union Carbide in the USA predating the merger with Dow. When Dow settled a suit on behalf of Union Carbide in 2002, $7.16 trillion was wiped off Dow’s share price.

Given that Dow has offices in Britain, could the Minister—not civil servants, but the Minister—request a meeting with Dow executives to ask why there is this disparity between accepting liabilities in the USA and not accepting them in India? Does Dow value the life of American victims differently to how it values Indian victims?

In 2011, the Institute of Environmental Management and Assessment published an article and video by two British environmental scientists, which suggested that double-blind sampling between Indian and European laboratories and eventual site clean-up works could be the way forward. However, they noted that such work would require high-level political support. Therefore, having abolished the Department for International Development and slashed the aid budget, will this Government be interested in remediating this historic injustice and providing the required political support?

Before I end, I pay tribute to Mr Rajkumar Keswani, the Bhopali journalist of the Jansatta daily newspaper, who raised the alarm about the Union Carbide plant before the leak, but was ridiculed. Between 1982 and 1984, he wrote several articles detailing the poor safety standards at the plant. If he had been listened to, this grave tragedy might have been averted.

I also thank Mr Nigel Smith, my good friend from my constituency of Stockport, who has been supporting Bhopali victims and survivors for many decades. It is now for Union Carbide and Dow to accept the “polluter pays” principle, which is adhered to by both India and the United States. Neither the Union of India nor the state government of Madhya Pradesh should bear any burden for this tragedy. Rather, Dow should front up all the financial burden and costs for the purpose of environmental clean-up and remediation, as well as the medical treatment of not only the victims but the survivors and their families.

Since the onset of the pandemic, evidence shows that the death rate of Bhopal survivors due to covid-19 is 6.5 times higher than those not exposed to the deadly gas. No one can say, therefore, that this disaster does not continue to blight the lives of so many. To Members across the House, who live thousands of miles from where the tragedy unfolded, it may seem remote, but for the victims, their children and families, whose lives and livelihoods have been affected by the events of the evening of 2 December 1984, today is important, because it should be the start of our country’s contribution to the campaign for justice for the victims and survivors. I hope the Minister can assure all of us.

[Several hon. Members rose—]

--- Later in debate ---

[Navendu Mishra]

First and foremost, this debate is about the victims and survivors, who deserve justice. I thank all hon. and right hon. Members who have contributed. I am grateful to the Minister for her response, but it is disappointing that the Foreign Office seems to be parroting lines from the Dow Chemical Company and saying that Union Carbide and the Government of India are responsible for the clean-up. It is absolutely Dow Chemicals that is responsible. I also did not receive a response regarding the comments about the current Chancellor, the former Secretary of State for DCMS, who signed off on the sponsorship agreement for the London 2012 Olympics.

I welcome the trade agreement with India. The UK and India are natural partners, and the trade agreement will benefit people in my constituency and across the UK. However, we need to ensure that the agreement is about not just business ties but people-to-people links, culture, education and medical research and care—all those things.

I will finish with three questions to the Government that have not been answered. First, will the Government provide political support to achieve justice for the victims and survivors? Secondly, will they demand action from Dow Chemical in Britain, including demanding a meeting to put pressure on it to face justice in the Indian courts and provide the unpublished findings of all research conducted by Union Carbide and Dow since the disaster? Finally, will they apologise for allowing Dow Chemical to sponsor the London 2012 games, which gave Dow positive publicity and legitimacy?

Question put and agreed to.

Resolved,

That this House has considered potential UK support for investigations into the Bhopal gas explosion.