Thursday, May 12, 2011

Indian court refuses to increase the punishment of those responsible for the Bhopal disaster

India's Supreme Court rejected Wednesday a request by the authorities to increase the penalties handed down against former leaders of the pesticide plant manager of the industrial accident at Bhopal. A toxic cloud had escaped from the pesticide plant of Union Carbide on the night of December 3, 1984.

The accident, the worst in the history of global industry, made the first three days between 8 000 and 10 000 deaths among the population of this city in central India, as the Public Centre for Medical Research (ICMR). Official figures suggest 3,500 dead. On 13 April, the Indian Supreme Court had begun consideration of a request from the authorities for tougher sentences against former leaders of the pesticide plant manager of the industrial accident.

Federal Police (Central Bureau of Investigation) asked the court that the seven former officers were convicted of manslaughter. This charge is punishable by ten years imprisonment. In 1996, the country's highest court had ruled that defendants could only be prosecuted for negligence. "The request is based on a false and erroneous argument," suggested on Wednesday the five judges of the Supreme Court, adding that "no satisfactory explanation" had been provided to make this request after so many years.

In June 2010, the Indian court sentenced him to two years in prison the former leaders of the Union Carbide factory. These convictions had caused an outcry among the public and victims' associations. The Attorney General Ghoolam Vahanvati found that there had been "serious omissions" from the makers of the plant.

The construction of the plant was defective, he argued, and despite a gas leak before the tragedy of 1984, no action had been taken to improve the chemical storage and maintenance of the site.

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