India: Bhopal: Children born with "congenital" conditions in Bhopal after gas leak in 1984

These kids were born with deformities and maladies termed "congenital" as a result of the Bhopal Disaster, Bhopal, Madhya Pradesh state, India -- in which Union Carbide Corporation / Dow Chemical, a USA company, was involved, altho an Indian-owned affiliate was held to be mostly responsible.  One court required the two companies to establish a hospital in Bhopal to treat the injured ($17 million was the figure given).  "Survivors have said that Dow Chemical should pay at least $8 billion to address the compensation needs of all survivors and those bereaved. The Central Government is asking only for $1.2 billion." bhopal.net International Campaign for Justice in Bhopal

-- Albert Gedraitis



"Children born with congenital disease, second generation victims of the1984 Bhopal gas tragedy, participate in a candle light vigil to pay homage to the people killed in the tragedy, in Bhopal, India. The Bhopal industrial disaster killed about 4,000 people on the night of Dec. 3, 1984."  -- Christian Science Monitor, Gallery, ;pix #5 (Nov30,2k12)

On 14 December 1984, the Chairman and CEO of UCC, Warren Anderson, addressed the US Congress, stressing the company's "commitment to safety" and promising to ensure that a similar incident "cannot happen again". 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,^[56] leading to the beginning of legal proceedings. In 1985, Henry Waxman, a California 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.^[58] March 1986 saw UCC 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".^[56]

The Government of India claimed US$ 350 million from UCC.^[5] The Indian Supreme Court told both sides to come to an agreement and "start with a clean slate" in November 1988.^[56] 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.^[5] 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.^[59]

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.^[56]  -- Wikipedia