NEW DELHI, March 10: The government has decided to turn down the request of a powerful section of the BJP’s Madhya Pradesh unit who have been demanding that entire Bhopal be declared `gas affected.’ On Febuary 15, Bhopal’s BJP MP Susheel Chandra Verma tendered his resignation on the issue. The Government, however, held consultations with Attorney-General Soli Sorabjee and Additional Solicitor General Altaf Ahmad and decided not to concede the demands of the agitating members.
At stake is the disbursement of the remaining Rs 1,000 crore given by Union Carbide Corporation (UCC) to the Indian Government after the disastrous December 1984 leak of MIC gas in Bhopal. This money is almost half the total compensation given by the UCC — the settlement was for $ 470 million.
Currently, the thinking in the Government appears to be that at some point, the Supreme Court could be consulted on how the remaining funds are to be utilised or what sort of projects could be set up for the victims.
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According to sources, legal officers the Government consulted feel that while the compensation to the 36 municipal wards — which have been declared `gas affected’ — is justified by the methodology directed by the Supreme Court in its 1989 order, the Centre has no locus standi to give directions to Bhopal’s Welfare Commissioner to disburse funds to the remaining 20 wards.
The sources say a letter will soon be dispatched to the Welfare Commissioner stating that the Government was sympathetic to the claims of the residents of the 20 wards and would be routing all demands of compensation to Bhopal.
Verma and his fellow campaigners, state BJP vice president Babulal Gaur and state BJP secretary Shailendra Pradhan, argue that the remaining Rs 1,000 crore should be distributed in the 20 wards of Bhopal left out so far.
Verma’s rationale: If the remaining relief is not distributed, it will have to be returned to the UCC. “People do not understand that Rs 1,000 crore will be wasted if it is not utilised,” he told The Indian Express.
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“I am deeply distressed that the BJP Government has been in power for one year and has done nothing about this.”
After submitting his resignation, Verma held meetings with Petroleum and Chemicals Minister Surjit Singh Barnala and Ministry officials and as he himself concedes, they continue to block his proposal.“I would not like to blame the Central Government alone for the deadlock. It is people in the Ministry who have been most unsympathetic,” he says.
Last week, the Petroleum and Chemicals Ministry sought the opinion of the Attorney-General and the Additional Solicitor General since the whole issue of distribution of the $ 470 million compensation was decided through a February 1989 order passed by the Supreme Court. When contacted, Minister of Parliamentary Affairs P Kumaramangalam said: “We have taken legal opinion and will soon be sorting out the issue.”
The Indian Government had originally demanded $ 3 billion from the UCC and eventually the $ 470 million received, was distributed as per the calculations worked out by the Supreme Court to the following categories: families of 3,000 persons killed, 2,000 persons injured, 30,000 persons who suffered partial disabilities, 50,000 cases with minor injuries, and so on. The compensation varied from Rs 3 lakh to Rs 10,000.
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But the debate over the remaining funds rages on. Says Jaiprakash, Convenor, Bhopal Gas Peedit Sangharsh Sahyog Samiti: “The demand that the remaining Rs 1,000 crore should be distributed to people living in the 20 wards of South Bhopal is untenable and a violation of the Supreme Court’s directives. There may be a case for people living in these wards getting compensation for the trauma they faced but for this they have to make a fresh claim.”