How the law dealt with the Union Carbide Gas Slaughter The legal surroundings of the 26 year old anathema Part I

INTRODUCTION
In our Westminster form of Government, the Executive is a subset of the Legislature. In other words, a few lawmakers get the privilege of forming the Government depending on the ele

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jesun

March 5, 2011 - 2:20am

sir, i would like to know your critical opinion of the supreme court judgement on the recent iridium case regarding corporate criminal liability. what do u think are the shortcomings of the judgement and what grounds can it be appealed upon (hypothetically) thankyou

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Kartikeya Tanna

August 31, 2010 - 1:12pm

@Apocalyptic, thank you for your analysis. You are bang on point about the Anderson saga. Arjun Singh\'s statement in the Parliament and various disclosures (the most pertinent being the one by the then Foreign Secretary) indicate that Warren Anderson wanted to come to India to see the effect of the disaster and he was not to be arrested. And though this is just an opinion, it is widely believed that the MP Government went against the central mandate and arrested him for local electoral favor. Whatever may be the truth, the mishandling exacerbated public anger and is still a mess today. @Don - thank you for the information.

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Don

August 26, 2010 - 10:13pm

A very objective analysis. For more facts read the Black Box of Bhopal.

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Apocalyptic Sage

August 25, 2010 - 7:33am

Kartikeya - thank you for your excellent and concise analysis. Looking forward to Part II. Insofar as the Warren Andersen saga is concerned, it is worth pointing out for the benefit of the readers that Mr. Andersen was not present in Bhopal at the time when the gas leak occurred. He only travelled there from the US via New Delhi in the following days, and his travel was preceded by a prior assurance of safe passage provided by the Government of India. As you might surmise, in the absence of such an assurance, it is likely that Mr. Andersen would not have visited India, and would not have been placed under arrest in the first place. Thus, given that safe passage had been granted, the Government of India had an obligation to ensure that he was not unduly detained, and his expeditious release was thus necessitated. I do not believe that the Government of India acted maliciously in facilitating Mr. Andersen return to the US - in fact, frankly, they did not have much of an option in the matter. As you have pointed out, the real failures of successive governments - both Central and State - have been the complete lack of any meaningful assistance to the victims and the grossly insensitive manner in which they have been treated.

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