In the backdrop of outrage over trial court verdict in Bhopal gas tragedy, the Indian government Thursday announced a Rs 1265.56-crore package and decided to file a curative petition in Supreme Court besides pushing for extradition of former Union Carbide chief Warren Anderson.
The Union Cabinet, which considered the report of the Group of Ministers on the 1984 disaster, accepted all its 22 recommendations but did not fix liability on anybody.
It decided that the opinion of the Attorney General would be sought on whether Dow Chemicals or any other successor to Union Carbide Corporation (UCC) or Union Carbide India Limited
(UCIL) could be held liable, Indian Information and Broadcasting Minister Ambika Soni told reporters.
The Cabinet meeting, chaired by the country's Prime Minister Manmohan Singh, decided that ex-gratia of Rs 10 lakh would be given to the kin of each killed in the tragedy, Rs 5
lakh to those who suffered permanent disability, Rs two lakh each to people who suffered cancer and total renal failure and Rs one lakh to those with temporary disability.
The ex-gratia would benefit 45,000 affected people and the amount would be paid after adjusting the compensation already paid, Soni said.
The government also announced various packages for remediation, rehabilitation and other measures, taking the total spending to Rs 1265.56 crore.
The Cabinet decided that additional material in support of the request for extradition of Anderson may be put together
by concerned agencies and the Indian External Affairs Ministry would thereafter press the request for extradition with the US government, she said.
India had made requests for Anderson's extradition earlier, the last being in 2008, but these have not been entertained by the US.
It was also decided that a curative petition may be filed in the Supreme Court for reconsideration of its judgement of September 9, 1996, by which the "graver sections" of the
Indian Penal Code (IPC) were quashed against the accused and the trial was confined to offence under Section 304 (A), Soni said.
The dilution of charges had ensured that the accused could get only two years of maximum imprisonment.
There has been a national outrage over quantum of punishment after the Bhopal trial court gave the maximum punishment to some of the accused on June 7.
The Cabinet decided that an appeal will be filed in the Sessions Court against the judgment of the trial court to correct the error in the sentences imposed on the accused under different Sections, Soni said.
The errors pertain to the term of imprisonment (Section 338), the amount of fine (Section 304A), and the direction that the sentences shall run concurrently.
The Attorney General will examine whether a curative petition could be filed in the Supreme Court for reconsideration of the compensation amount earlier settled at USD 470 million, the minister said.
Appropriate applications will be filed before the courts concerned and request the courts, especially the High Court, to expeditiously decide the question of liability of the Dow Chemicals Company and/ or any other successor to UCC/UCIL, she said.
To repeated questions on who was liable for the tragedy, Soni said the Attorney General will examine the issue. "We have to wait for the AG's advice," she said.
Asked whether any timeline has been set for the AG's advice, she replied in the negative but said "the sense of urgency is all around" and the AG would also submit his opinion in the shortest possible time.
Replying to questions, Secretary in the Ministry of Chemicals Bijoy Chatterjee, who was also present at the press conference, said there is a case for approaching the Supreme Court for review of its 1996 judgement.
Among other recommendations approved by the Cabinet was that the government will approach the Supreme Court to allow take over of the Bhopal Memorial Hospital and Research Centre
(BMHRC) through the Department of Bio-technology and the Department of Atomic Energy.
The Hospital should then be strengthened, up-graded and run as a super specialty and research hospital.
Indian Council for Medical Reserach will establish its 31st full-fledged Research Centre in Bhopal within 90 days.
ICMR will also start conducting epidemiological studies and clinical research in areas identified by them, including respiratory diseases, eye-related diseases, cancer, total
renal failure, genetic disorders, congenital disorders, women related medical issues and second generation children related medical issues.
The reports of NEERI, NGRI and IICT will be subjected to a peer review by scientists jointly appointed by the Department of Science and Technology and the Ministry of Environment and Forests.
The government of the central Indian state of Madhya Pradesh, whose capital city is Bhopal, will complete expeditiously the work relating to repairing/ re-erecting the compound wall around the UCIL premises to prevent entry and
exit of unauthorized persons, children etc, the Cabinet decided.
The Madhya Pradesh government, which will have the responsibility of remediation actions, will suitably empower the Department of Gas Tragedy, Relief and Rehabilitation, including granting enhanced financial powers and fixed tenure for officers, at least till December 31, 2012, so that the remediation and environmental clean-up is completed in a time-bound manner.
An Oversight Committee will be established in the Ministry of Environment and Forests with representatives of the Ministries/Departments concerned of the central government and the government of Madhya Pradesh.
Minister for Environment will be the Chair and the Minister of Gas Relief, government of Madhya Pradesh, will be the co-chair. Besides, NEERI, NGRI, IICT and CPCB may be associated in a suitable capacity.
The Oversight Committee will provide oversight and support to Madhya Pradesh government in taking necessary remedial actions.
Ministry of Environment and Forests will notify the Oversight Committee.
The central government will bear the cost of the remediation of approximately Rs 310 crore in the first instance and will also take steps to claim restitution from the persons/companies found liable for the damage on the principle of 'polluter pays'.
The remediation works including disposal of the stored hazardous residues, dismantling of the contaminated structure and remediation of the contamination of water and soil will be taken up and completed by December 31, 2012.
Madhya Pradesh government will arrange incineration of toxic wastes stored at UCIL plant site in the incinerator at Pithampur by December 31, 2010.
The Cabinet decided that a Plan of Action submitted by government of Madhya Pradesh, amounting to Rs.272.75 crore, will be approved and funds provided to the state government
as additional central assistance on 75:25 basis.
The Plan of Action will result in, among others, better building and equipments for the existing 6 hospitals being run by the state government, strengthening of research activities,
employment for 10,000 victims in the enterprises to be set up under the capital subsidy scheme and shift 2500 families living in the vicinity of plant site to multi-storeyed houses in safe place.
The approval of the recommendations of the GoM will result in central government providing a compensation package of approximately Rs.650-700 crore, Rs.310 crore for environmental remediation and Rs.272.75 crore for medical, economic and
social rehabilitation of the gas victims.
This will be in addition to amounts provided for various programmes related to the tragedy.