Something About The Law

While Sophia writes her brilliant posts on her experience in Sudan, Bhopal is still on our minds. A lot has been written in varied legal circles about the issue. A good start however is Venkatesan’s article in frontline and the primer on LAOT. I’m part of the thousands who are quite disgusted with the manner in which the Court has decided the issue. However, I have all sympathies for the trial court judge, it just wasn’t his fault as he was bound by a Supreme Court judgment.

But yes, the judgment and the issue at large give us a lot of ponder about the delay and denial of justice in India. Another aspect, not seen by many, is the baffling silence by Corporate India on the issue. Not many from that side of the river seem to speak up. One must also know that Corporate India is involved in perhaps the most serious crimes/ human rights violations in the country today. This post then is about these current issues, which, if one looks in the context of Bhopal (and even without) should ask of us to think again about democracy in this country.

We’ll start with Vedanta and their so- called developmental agenda of wiping out a whole tribe so that they may build their bauxite plant in niyamgiri, Orissa. Amnesty earlier stated that the 8,000 strong Dongria Khond community, mainly ‘adivasis’ (tribals) in Odisha’s Lanjigarh suffered violations of human rights to water and health, due to pollution by Vedanta’s aluminium refinery. Many of them oppose a bauxite mine cropping up near their homes because they say it could dry up to 36 streams and two rivers that criss-cross the hills, while the noise, dust and pollution could kill off mango, pineapple, orange and other fruit plantations, a key source of food for the local people.

The issue even went to the Supreme Court where it turned out that the judge hearing the dispute (the present CJI) had shares in the Company and after hearing the case, decided to recuse himself. What happens now ? Thankfully the Ministry of Environment and Forests had formed a committee that ruled that various human rights violations were taking place and that the plant construction was/ is illegal. Vedanta however, still tries to put up half page adds showing their commitment to corporate social responsibility.

Next in line is ofcourse, Chhattisgarh, an issue that this blog has always stood for. While a lot of us may look at naxalism as the issue, one should know that the main aim of the forces (including the Salwa Judum) is to clear the forests for tribals and make way for mining companies to come and exploit some of India’s largest deposits. The Supreme Court has taken over 2 years on the issue which still hasn’t resulted in any conclusive decision. Though in a hearing sometime around march this year the SC asked the petitioners to prepare a rehabilitation plan, a series of adjournments have ensured that its implementation doesnt see the light of day. And for the information of the readers, the Reliance case, which came up for hearing much later, was expedited for hearing because the Court felt that the interests of the Company, and the shareholders and country at large would be affected. (!!)

Readers must visit the Business and Human Rights website for more about the legal aspects on Corporate HR violations. Details about the infamous Coca- Cola law suit are also available on the website. While in 2003, the Court had ruled that there was case for pollution, the plant shut down only in 2007 and the people affected are yet to see any compensation being disbursed to them. Recently, the Chief Minister after the Bhopal judgment, stated that he would ensure that 200 Crores are paid as compensation swiftly. But in all probability, this is more of a political move/ publicity stunt rather than ‘justice’.

There are also grave issues with regard to the construction of plants by POSCO in Orissa and the Lafarge mining in Meghalaya. Not to forget that the Karnataka Government recently signed MoUs worth 3 lakh crore, a majority of which would be invested in constructions and mining in sensitive tribal and forest areas.

While people may argue that in light of all this, we need to have stricter criminal sanctions for those involved, we need to understand that the law would never catch up to it. Mainly because of state interests and the plague of corruption in this country. Another way forward may be the encouragement of mass- claims against corporations, a concept that seems to have worked in the US with punitive damages and may work in India too. But nevertheless, it is the Corporations and the State hand in hand in such violations. I found Great Indian Clearance Sale quite an interesting read. The picture below should say it all.

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