Shruti Rajagopalan Profile picture
Dec 3, 2019 25 tweets 5 min read Read on X
Today is the 35th anniversary of the Bhopal Gas Tragedy. As 60% of the country was born after the tragedy, a thread to acknowledge the endless suffering of the victims, and recap the state blunders because of which most victims are still waiting for compensation. #Bhopal 1/n
On December 2, 1984, Methyl Iso-cyanate (MIC) and other highly toxic gases leaked from a pesticides plant set up by Union Carbide India Ltd (UCIL) - a subsidiary of Union Carbide Corporation (UCC) - in of Bhopal. At least 10,000 died within 3 days of the leak. 2/n
The govt of India was involved from the beginning. It courted UCC to set up in India, provided all he relevant clearances, relaxed some regulatory requirements, and even owned a 22% of the shares in UCIL. 3/n
Union Carbide was notorious even in the 80s for having different safety standards for developed and developing countries. They were criminally negligent and exploited the weak state capacity and lax enforcement of safety regulation and a very corrupt Indian bureaucracy. 4/n
UCIL and UCC officials fled Bhopal and India in the immediate aftermath of the gas leak. No one from the companies has faced criminal prosecution or punishment for the actions that led to the gas leak. 5/n
After the gas leak, there are at least two more tragedies that led to the continuing suffering of the victims discussed in this podcast hosted by @amitvarma seenunseen.in/episodes/2017/… - based on my paper 'Bhopal gas Tragedy: Paternalism and Filicide' shrutiraj.com/wp-content/upl… 6/n
In the immediate aftermath American lawyers (ambulance chasers) flooded Bhopal and got victims to sign contracts for representation.Everyone feared that American lawyers and ‘ambulance-chasers’ working on contingency fees, sometimes as high as 50%, would exploit the victims. 7/n
To prevent exploitation by american ambulance chasers, the govt. passed the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 [BGLDA] which took away the right of victims to have legal representation and only govt could represent the victims in any court. 8/n
Second, BGLDA replaced the adversarial system of litigation with an inquisitorial system. Normally lawyers representing victims would have won damages in an adversarial system. But now the govt would get the damages, and then a bureaucrat would distribute that among victims.9/n
Third, the BGLDA made the ‘Welfare Commissioner’ the principle searcher for valid claims and determine the severity of the injury before distributing the compensation. As we all know, most victims are still waiting for compensation. 10/n
It took many years for the govt of India to move the litigation back to India. District Judge of Bhopal ordered Interim Relief of Rs. 350 Crores (3.5 billion) in Dec 1987. On appeal to the High Court, Judge Deo reduced it to Rs. 250 Crores (2.5 billion) on April 4, 1988. 11/n
The second tragedy was the horrifying final settlement between UCC and the Govt of India (representing all victims) in Feb 1989. Both parties negotiated a settlement approved by the Supreme Court for $470 million or Rs 750 Crores (7.5 billion). 12/n
The most shocking thing about the settlement - one of the conditions absolved UCC and UCIL of all past, present and future liability for the $470 million (Rs.750 crore). This was unheard of in cases where the full effects of the has leak were unknown and unknowable. 13/n
750 crore was based on - 3000 fatalities (3 lakh each). 30,000 with permanent disabilities(50,000-200,000 each). 20,000 with temporary disabilities(25,000 -100,000 each). 2,000 with utmost severe injuries(400,000 each). 25 crore (medical facilities) & 220 crore (property). 14/n
We dont have an accurate headcount but we know its tenfold what the govt estimated. 10,000 died within 3 days of the leak, and 20,000 have died in the last 35 years because of gas leak related diseases. This does not include children who were stillborn, also in the thousands.15/n
Instead of 52,000 estimated by the govt at least 500,000 were partially or severely disabled because of the chemicals. Thousands born post the gas leak are disabled because of the toxic ground water in the area was never cleaned up. Nor were victims moved to a safe location.16/n
The reason for such a miscalculation was that the incentives under BGLDA. In the aftermath of Bhopal there were thousands of fake claims by many exploiting the tragedy. It became difficult for the welfare commissioner to separate the genuine cases from the spurious cases. 17/n
Adversarial systems reduce both Type I and II errors. Type I error - false positive- is paying spurious claims and Type II errors - false negatives - is the failure to pay genuine claims. Bhopal settlement was rife with both Type I and Type II errors. 18/n
The adversarial system - which BGLDA eliminated - is a competitive model of evidence production reducing both Type I and Type II errors. Lawyers for both parties have strong incentives to pursue all evidence relevant to their case resulting in more than one search. 19/n
But the welfare commissioner under the BGLDA only conducts one search, without the aid of self interested lawyers who have an incentive to minimize error for their clients. Even the most hardworking and well intentioned bureaucrats in this system is plagued by error. 20/n
The incentives of the Welfare Commissioners (appointment, compensation, and promotions) were in no way linked to the speedy or accurate settlement of claims. There was little incentive to carry out an extensive search, seek out the genuine claimants, and minimize error. 21/n
Also, “ambulance chasers” have the right incentives. Where lawyers work on a success-fee or contingent fees arrangement, they get paid only if they win the case. While their intentions are distasteful, their incentives are very well aligned with the victims of Bhopal. 22/n
Removing institutions that created the right incentives led to 20,000 undecided claims in 2004 and Rs.1,503 crores (because of interest) was yet to be disbursed, after nearly 570,000 claims had been settled. Current numbers, though unknown, are worse. 23/n
The average compensation to victims was less than Rs.25,000 ($350). While UCCs criminal and fraudulent behavior caused the leak, the lack of compensation is a result of state callousness, hubris, paternalism, and malincentives detailed this paper shrutiraj.com/wp-content/upl… 24/n
The biggest lesson from Bhopal is that we the Indian bar council should allow contingency fee arrangements and the govt should rely more on adversarial litigation instead of inquisitorial searches given current state capacity. And reopen claims using these two systems. 25/n

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More from @srajagopalan

Dec 2
December 2/3 is the 40th anniversary of the #BhopalGasTragedy. Almost 70% of the Indians today born after the tragedy. Rewriting a thread I did a few years ago to acknowledge the endless suffering of the victims, and recap the many blunders by the Government of India and Union Carbide because of which most victims are still waiting for compensation. 1/n
On December 2, 1984, Methyl Iso-cyanate (MIC) and other highly toxic gases leaked from a pesticides plant set up by Union Carbide India Ltd (UCIL) - a subsidiary of Union Carbide Corporation (UCC) - in of Bhopal. At least 10,000 died within 3 days of the leak. 2/n
The govt of India was involved from the beginning. It courted UCC to set up in India, provided all he relevant clearances, relaxed some regulatory requirements, and even owned a 22% of the shares in UCIL. 3/n
Read 25 tweets
Dec 31, 2022
Remember the eighties when wrong numbers and crossed connections were so common that misbehaving phones found their way into Indian movies? This trope disappeared at the turn of the century. In this essay, I explain the evolution through 18 movie clips! 🧵
tinyurl.com/4ethprvf
In Mr. India, writers Salim-@Javedakhtarjadu masters of setting up characters, and @shekharkapur introduce Gaitonde and his phone through a series of wrong numbers. 2/n
vimeo.com/user191454509?…
Fixed line phones used wires that got mixed up or damaged over time. Indian telecom infrastructure was so bad it became a convenient trope. In Mr. India, the plot thickens when Seema overhears a conversation between Daga and Wolcott about Hawa Hawaii. 3/n
vimeo.com/user191454509?…
Read 32 tweets
Jul 22, 2022
I've been thinking about a subgenre of Hindi film music from '50-70 that's disappeared. The cabaret/club/dance song where the female singer raised philosophical questions.A departure from the usual cabaret/club/dance songs meant to titilate/objectify/sexualize/pine. 10-Song 🧵 👇
1. Tadbeer Se Bigdi Hui
Taqdeer Banale Taqdeer Banale
Apne Pe Bharosa Hai
Toh Yeh Daav Lagale

From Baazi (1951): composition by SD Burman with lyrics by Sahir Ludhianvi.

Geeta Bali on screen to Geeta Dutt's voice.

2. Ai Meri Zindagi,
Aaj Raat Jhum Le

From Taxi Driver (1955): composition by SD Burman with lyrics by Sahir Ludhianvi (same as Baazi).

Shiela Ramani on screen to Lata Mangeshkar's voice.

Read 13 tweets
Jul 1, 2022
On 5th #GSTDay, I argue that in trying to make GST more equitable through multiple rates, GST has become more complex and less equitable because of regressive nature of compliance costs.

My paper (forthcoming in Social Philosophy & Policy). shrutiraj.com/wp-content/upl…

Here's why 👇
GST was marketed as a tax system that:
✅ Is easy to comply with as it subsumes multiple taxes into one tax
✅ Will unify the state tax system and convert India into a single free trade zone
✅ Has the potential to reduce corruption and tax evasion 2/n
But getting all states and political parties to agree on this reform meant building consensus on the actual rate/rates. Various experts came up with different rates for a single GST. 3/n
Read 16 tweets
Dec 31, 2021
2021 has been an incredible year for the @IdeasofIndia podcast @mercatus with transcripts @Discourse_Mag. Thanks to all the guests and listeners for their support and generosity. A list of the fantastic scholars and conversations below. 👇
We released 17 regular episodes and 14 short episodes with young scholars in our job market series, all made possible by the amazing team @mercatus. Our production team @Jeff_Holmes @FloerIt and Morgan Hamilton and @Discourse_Mag team David Masci and Christina Behe.
1. 2021 started with a continuation of the job market candidates in the 2020-2021 cycle. With Dr. Vaidehi Tandel @VaidehiTandel, now a lecturer at Henley Business School at University of Reading ,about her research in urban economics. discoursemagazine.com/economics/2021…
Read 34 tweets
Jul 24, 2021
On the 30th anniversary of the budget speech that liberalized India from socialism, I am thrilled to announce The 1991 Project @mercatus.

A year long project to revive the discourse on growth-centered economic ideas to unleash the next stage of reforms.

the1991project.com
My lead essay describing life under socialism in India, the 1991 reforms, why they matter, and the way forward in the quest for economic freedom and growth in India.

the1991project.com/essays/shruti-…
To learn more about what happened in 1991, read our interactive timeline of events explaining how India went from crisis to consensus.

the1991project.com
Read 10 tweets

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