Wednesday, June 16, 2010

Verdict Vs Justice



What is verdict and what is justice? A verdict is court's say in a case after careful consideration of arguments of both sides. But everyone knows that it cannot satisfy both sides. One finds it extremely correct and goes to home happily while the other feels that it is not so. He goes to home with disbelief and unacceptance. Whether one is unsatisfied or not is not the matter. But whether the verdict is justice is the matter. Sometimes verdict kindles a chain reaction in the community. The same has happened now in our country after June 7 2010 when verdict came after 26 years in Bhopal Gas Tragedy case which is still the worst industrial disaster in the world.It killed nearly 30000 to die and left thousands disabled and more bitterly hereditary consequences in children born in that region.The verdict was more tragic than the tragedy itself when the victims were left in shock and disbelief. Just 2 years imprisonment that too bailable for a paltry INR 25000 was what the verdict given by a local court for the crime committed by the high influential people. Under sections 304 A( causing death by negligence), 304 II( culpable homicide not amounting to murder), 336 337 338 ( gross negligence) the verdict was given. The main accused Warren Anderson's name was not mentioned in it. Just see what KG Balakrishnan Chairman of National Human Rights Commission told- "There is difference between murder and culpable homicide. When there is no criminal intent, it does not amount to murder and whether the dead is one or thousand, it would be considered culpable homicide and not murder"-This is our IPC and according to it only lots of cases have been dealt with daily all over India and Bhopal Gas Tragedy is one among them. Isn't it? You and I will readily nod against this statement. But law persons won't do the same. Warren Anderson the then CEO of Union Carbide Corporation came to India four days later, arrested and let off the hook. The bird flied to US only not to be found thereafter. It is said that Warren knew very well about the faulty design about the plant at Bhopal but didn't care about it. He used this knowledge to improvise his factory there at his home country. Now UCC claims that it has nothing to do with the disaster as Union Carbide Corporation was only holding just above 50 % of shares in UCIL( Union Carbide India Limited) and Bhopal plant was a Indian company built by Indian engineers. It stated that it was a sabotge and the company had no role. Also it claimed that it has paid enough money to the victims and helped in building a hospital for the victims. It was ready to serve the people further but was sent back by the government of Madyapradesh. These are the claims made by UCC which are published in its website. Then what about Warren Anderson? Well, he is there safely enjoying a lavish lifestyle in suburban New York. It is said that his golf club's subscription is thrice that of what has been paid for victims. UCC didn't accept legal notice on behalf of Anderson saying that it doesn't know where he is. Whether will he be extradited to India, we don't know. Now what will happen to nuclear liability bill we don't know( The american suppliers don't want to be drawn to court for recovery of damages if something goes awry!).Leaving all this behind what has happened to our fellow citizens is something unimaginable. Its like adding salt to wound. Having waited all these years what they have got is nothing. Humiliation is one that no one can accept. And the humiliation in the form of a verdict to those victims is humiliation to everyone in India who still belive law is equal. They say law presently is inadequate to handle mass killings like this or a massacre or a riot. If law is inadequate then make it adequate. People need justice and not explanation like according to IPC and bla bla bla. Now the GoM is reconstituted which will meet today.There may be recommendations to increase the compensation. These can never calm justice loving section of our country who want not just a verdict but a real justice . If such instances continue judicial system will lose people's confidence which is already very low.


PS: This blog is based on news from print, TV and internet media.