Monday, July 19, 2010
Tale of two tragedies
Iconic images of a dead child after the poisonous gas leak in Bhopal in 1984 (Above) and of a pelican struggling in the water polluted by the BP oil spill in the Gulf of Mexico this year (Below)
Recently two compensations have made headlines- British Petroleum (BP) oil spill in the Gulf of Mexico and the
In an interview with Politico, President Obama said, “In the same way that our view of our vulnerabilities and our foreign policy was shaped profoundly by 9/11, I think this disaster is going to shape how we think about the environment and energy for many years to come.”
The Union Carbide India Limited (UCIL) Gas leak disaster at
In
This leads to a serious question: Are our laws more lenient for foreign companies unlike in the
Laws and implementation:
The
However, in
If we take the Nuclear Liability Bill for instance, we can see that certain clauses indirectly allow a way out for the manufacturers and the builders of the nuclear reactors from any financial and legal liability. The maximum financial liability in case a nuclear accident occurs in nuclear reactors would be USD 458 million- a similar law in US has set the financial liability for such accident at USD 10.5 billion.
Moreover, the operator will have to pay INR 500 crore and the remaining amount will be paid by the Indian government. The victims will not be able to sue anyone. So foreign companies will not pay an individual’s compensation once they have paid the total of INR 500 crore.
Corporate law:
There are very few laws in the world that give immunity to the corporates. However, in
Corporate offences relating to hazardous activity like in
There is no law to charge MNCs who control, are in charge of or are involved in the activity or its beneficiaries.
What Union Carbide did, was to find the loopholes and evade the responsibility. Therefore, the extradition of Warren Anderson, the CEO of Union Carbide during disaster, would not help much to get an exemplary verdict.
Union Carbide got the Supreme Court (SC) to reduce the charges to causing death by negligence - and limit punishment. This is unfortunate. The charge carried a punishment of up to two years or fine, or both (section 304A). Otherwise, corporate liability would have been tested under culpable homicide amounting to murder, carrying an imprisonment for 10 years (section 304 Part II).
In 1989, the deal included exculpating Carbide from criminal proceedings altogether. Mercifully, in 1992, the SC lifted the immunity it gave to Carbide. But Union Carbide (US) denied criminal jurisdiction to
Too Little, Too Late:
Realising the growing anguish of the people, the Indian government quickly convened a meeting of the Group of Ministers to come out with an acceptable compensation package.
The total package costs around INR 1,500 crore.
INR 10 lakh for the dead.
INR 5 lakh for those with permanent disability .
INR 3 lakh for those with partial disability.
INR 100 crore to destroy the Union Carbide plant in
Separate INR 300-crore remediation proposal to dispose of toxic waste.
Treatment of second and third generation people.
All companies go through constant monitoring and reviews. None can feign ignorance of potential disasters. Therefore, it is imperative to have laws that deter companies from being criminally negligent. But more than that, there is a need for an apolitical and efficient administrative and judicial set-up to enforce these laws. The lesson of
Saturday, July 3, 2010
New Education Authority
Thursday, July 1, 2010
World Cup 2010: How far can it help South African economy?
- The level of corruption is very high with cases filed even against its president, Jecob Zuma.
- Secondly, despite relative economic stability and steady growth, South Africa has not addressed the fundamental sources of poverty. Unemployment has reached 25%, being much higher among the black population. Income inequality has increased since the end of apartheid. It has the largest inequality quotient in the world after Brazil. Only one third of the population has government assistance in the form of pensions, child support and other grants.
- Thirdly, the lack of educational skills in population has affected the economy. The success rate for middle school students, which rose to 74 % by 2000, has fallen to 60.5 %. Less than 20 % of students pass the university entrance examination. In addition, half of all students drop out before finishing the twelfth grade.
- Protective labour laws enacted by the African National Congress (ANC) government have kept formal wages high with many employment regulations. This leaves South Africa with a high-cost, low-productivity economy, which neither attracts investment nor allows it to invest outside a few sectors.
- Land reforms have not been undertaken. Blacks are confined to only 13% of the land, and marginal land at that. This led to a decline in agricultural experience and a focus on urban and industrial employment. Efforts to buy back this land, which was possessed by the whites before 1994 for black farmers have largely failed because of the cost constraints and the land not been having put to agricultural use.
World: Business Economics July 1-15, 2010 ( Page 8-9)
Copyright@Business Economics
.