Serve Indian court summon on Dow Chemical in Bhopal Gas Tragedy case: US Congress members

Ahead of the 40th anniversary of the Bhopal Gas Tragedy (December 2/3), a dozen members of the United States’ Congress have written to their Department of Justice, seeking immediate action to serve Bhopal district court’s summons in the ongoing criminal case upon Dow Chemical Company. 

Dow Chemical is the current owner of Union Carbide Company Limited that owned the fertilizer plant in Bhopal from where toxic gas leaked in December 1984 killing hundreds and maiming thousands for life.

The Bhopal court where the criminal case of the gas tragedy is under hearing has sent seven summonses to the Dow Chemical to appear in the court and face trial, but to no avail. Under the seventh summon the company is expected to appear in court on October 4.

With no forward movement by the US government in getting the summonses served to the Dow Chemical, the 12 Congress members have written a hard hitting letter to the deputy attorney general Lisa Monaco of the US Department of Justice.

The Congress members have said that “the Department’s inaction is creating an indelible stain upon our nation’s reputation for upholding international legal and moral standards that must be corrected.”

Among signatories to the letter are members Rashida Tlaib, Frank Pallone Jr., Pramila Jayapal, James P. McGroven, Raul M. Grijalva, Linda T. Sanchez, David J. Trone, Barbara Lee, Jamie Raskin, Eleanor Holmes Norton, Greg Casar and Cori Bush.

The letter dated September 6 says,

 “This December marks the 40th commemoration of the chemical disaster in Bhopal, India. Those charged with criminal responsibility for this tragedy have shockingly never been held accountable. Still pending criminal investigations have generated seven summonses for The Dow Chemical Company to appear in an Indian court. We urge you to take immediate actions to address this injustice by serving India’s legal summons upon Dow, as requested under the terms of a Mutual Legal Assistance Treaty on Criminal Matters, signed by India and the United States on October 17, 2001.”

It mentioned that experts estimate that the Bhopal disaster poisoned more than half a million people with highly toxic methyl isocyanate (MIC) gas and killed more than 7,000… with at least 15,000 additional deaths linked to the disaster’s impacts. Many survivors continue to suffer with various kidney diseases, cancers, and neurological disorders, while many children are afflicted with birth defects, mental disabilities, and stunted growth.

“Police in Bhopal named Union Carbide among the accused within hours of the disaster. A subsequent three- year investigation by India’s Central Bureau of Investigation found that Union Carbide was responsible for inadequate technology, double standards in safety and emergency-preparedness, and reckless cost-cutting of security systems within the pesticides plant from which the poison gas leaked. Several serious charges were brought against Union Carbide including culpable homicide, which is the equivalent to criminally negligent manslaughter under U.S. law,” the letter mentions.

In the aftermath of the disaster, Indian law enforcement leveled serious charges against Union Carbide and sent repeated summonses requiring company officials to appear before courts in the country, all of which were ignored. Indian courts declared the company an “absconder,” or fugitive from justice, leading to an unsuccessful attempt to force Union Carbide to appear in court in India through a judicially ordered seizure of its assets in 1992, the letter says.

It adds that in February 2001, Union Carbide became a wholly owned subsidiary of Dow Inc. Dow has perpetuated UCC’s non-compliance with Indian law by failing to ensure the appearance of the company in the criminal hearings despite seven notices for appearing in Indian court, starting August 2013.

Of the 31 years, Union Carbide has spent evading India’s criminal justice system, 22 have been under Dow’s stewardship. As the parent company of Union Carbide, Dow bears the responsibility for Union Carbide’s liabilities, the letter mentions.

The Indian government’s actions relating to Bhopal, including the summons served to UCIL and Dow, are entirely lawful under the terms of a Mutual Legal Assistance Treaty on Criminal Matters (MLAT) signed between our countries in 2001. The Department’s failure to fulfill India’s requests is a clear breach of American obligations under international law that you are required to uphold, the letter says.

The letter also mentioned that during a Westminster debate last November, British parliamentarians cited the Department of Justice’s “refusal” to serve India’s summons to Dow Chemical’ on “six separate occasions” and urged the UK government to “seek answers from their allies in India and the U.S. on why they continue to block further investigations and further compensation claims, given the scale and impact of the tragedy.” This, the Congress members said, was putting a stain on the reputation of the U.S.

“We strongly urge the Department of Justice to take immediate steps to serve the Indian government’s summons upon Dow Inc. and any other action necessary to uphold its treaty requirements with India. We appreciate your consideration of these requests and look forward to hearing how you plan to address these 40 years-long injustices,” the letter said in conclusion.

Survivors’ organizations express gratitude, urge INDIA alliance to take up issue

Five Bhopal-based gas tragedy survivors’ organizations thanked the 12 Congressmen for this unprecedented action. “It is indeed heartening to find some of the most powerful voices in the US Congress calling for the US DOJ to act as per law and stop their country’s image being sullied as a safe haven for criminal corporations,” said president of the Bhopal Gas Peedit Mahila Stationery Karmchari Sangh, Rashida Bee.

Nawab Khan of Bhopal Gas Peedit Mahila Purush Sangharsh Morcha said, “We make a special appeal to I.N.D.I.A. (political alliance of opposition parties) to include the provision of justice and a life of dignity to Bhopal survivors and their children and those poisoned through groundwater in their agenda for changing Bharat.”

Rachna Dhingra of Bhopal Group for Information & Action said, ”There is a lesson in this action by the US lawmakers, for our government’s departments that are helping the US corporations to remain unpunished. Hopefully it will be emulated by the leading voices of the current opposition in our country.”

“2024 is also the 40th Anniversary of the Union Carbide disaster in Bhopal where justice  continues to be denied,” Balkrishna Namdeo, President of the Bhopal Gas Peedit Nirashrit Pensionbhogee Sangharsh Morcha pointed out.

“With this action by the US lawmakers we now look forward to having Dow Chemical’s Amy Wilson answering charges of sheltering fugitive killer Union Carbide in the Bhopal District Court,” Said Nousheen Khan of Children Against Dow / Carbide.