The Hindu Business Line : Bhopal gas site: Dow wants Govt to withdraw claim for clean-up

New Delhi April 10 Non-Governmental Organisations (NGOs) which have taken up the case of the Bhopal gas tragedy victims have released correspondence alleging that the new owner of Union Carbide, Dow Chemical is trying to absolve itself of the liabilities of cleaning up the "polluted'' factory site owing to the 1984 gas leak tragedy at the Union Carbide plant in Bhopal.

Using the Right to Information Act, the NGOs have in possession a letter from Dow Chief Executive Officer, Mr Andrew Lewis, to the Indian Ambassador to the US where he has said that the Indian Government should ensure that its stated position at the India-US CEO Forum that Dow was not responsible for the Bhopal incident should be reflected in all Government statements, legal files and dealings with the Indian courts.

"Dow Chemical Company has been sued in public interest litigation in the High Court of Madhya Pradesh related to environmental remediation of the site. The Government of India and the State Governments are also sued in the litigation and the Government of India has taken a position adverse to Dow. Specifically, the Ministry of Chemicals and Fertilizers applied to the court in May 2005 to order Dow to pay a deposit of Rs 100 crore, or approximately $22 million, against environmental remediation costs. The court has to date deferred the ruling on the merits of the application. It follows logically from the Government's statements regarding the non-liability of Dow, that the Ministry of Chemicals and Fertilizers should now withdraw its application for a financial deposit against remediation costs," Mr Lewis says in his letter of November 8, 2006.

Dow Chemical has also roped in the Chairman of Tata Sons, Mr Ratan Tata, who has written to the Deputy Chairman of the Planning Commission, Mr Montek Singh Ahluwalia, mentioning the letter from the Dow CEO, particularly the portion that it was critical for Dow to have the Ministry of Chemicals and Fertilizers withdraw the application for a financial deposit by Dow against remediation cost, as the application implies that the Government of India views Dow as `liable' in the Bhopal gas disaster case. "This is obviously a key aspect and I wanted your assessment as to whether this is possible," Mr Tata said in his letter.

According to the documents available with the NGOs, Dow Chemical has also said that it would not be involved in the remediation efforts and has instead suggested that the Indian Government should work closely with Indian industry and foundations, along with the Madhya Pradesh authorities, for remediation work at the Bhopal site. "This should take place expeditiously — beginning immediately with the Government of India officials and industry leaders meeting with the relevant Cabinet Secretary who has executive oversight for the remediation efforts," the company has said in its letter to the Ambassador.

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