Individual Report: The Bhopal Gas Tragedy - Ethical and Legal Analysis

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Added on  2022/12/28

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This individual report presents a detailed analysis of the Bhopal Gas Tragedy, focusing on the ethical and legal failures of the Union Carbide company. The report begins with an introduction to the case, outlining the tragic events and the significant loss of life caused by the 1984 industrial accident. It then delves into the causes of the disaster, examining the technical and operational failures that led to the methyl isocyanate gas leak. The report further explores the legal actions and settlements that followed, including the involvement of the Indian government and the US legal system. A key part of the report examines the ethical code of conduct and its absence within the organization. Finally, the report analyzes the ethical position of the parent company, Union Carbide, highlighting the company's responsibility and the inadequacy of the compensation provided to the victims. The report concludes by emphasizing the importance of ethical business practices and the need for firms to adhere to ethical guidelines to prevent similar tragedies in the future.
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Individual report
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Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
Individual report ..............................................................................................................................3
Case study ..............................................................................................................................3
Ethical position of the parent US Union Carbide company...................................................5
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................7
Book and journals...................................................................................................................7
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INTRODUCTION
According to studies, there are ample of ethics in business that has been implemented
within an firm or organisation, in order to achieve its goals and objectives. As these laws are
considered as significant and should be followed in a systematic pattern (Bisht, 2018). These
fundamental laws and ethics are applied to all aspects of businesses conduct. These ethics are
generally originated from each person who work in firm and perhaps through legal system.
Ethics may enhance the productivity of an organisation. The ethics are considered as rules which
are followed by firm and its members. Ethics helps to improve environment and beneficial to
establish discipline within organisation. As this report focus on the Bhopal gas tragedy among
this the ethical issues which should be considered by the firm.
MAIN BODY
Individual report
Case study
Introduction to case
This case was one of most serious and tragic cases ever encountered globally. This
incident took many lives (Sinha and Neeraj Jha, 2020). The number of people suffered due to
this incident. This disaster is related to industrial accident. According to fact of Carbide
subsidiary was preparing the product which is pesticides within a plant which is situated in
Bhopal. In 1984, 45 tons of methyl isocyanate gas was exposed fortuitously (Bhopal disaster,
2021). The resultant of this gas exposure termed as serious and the number of people abide due
to this misshapenness or tragedy. Resultant, 5000 people died due to this accident, exposure of
this heavy amount gas conducted panic situation for people and the effects of gas caused lungs
issues i.e. itching in lungs and some lead to death on the spot. The death ratio estimated by many
journals which is 8000 people in total. This lead to formation of International Medical Council
in 1993 that did proper research upon the disaster.
Causes of disaster
The disaster took place when Carbaryl was established and while the workers were
working like daily routine in 1997. The estimated data conclude that productivity of insecticides
were over 25000 ton as per annually. This makes clear that there was no issue with overload
work and production. This may also identified that sales of business firm as not going well
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Since1982. The main reason behind this following tragedy or case is, the chemical reactions
which was followed by several participants. The Methyl isocyanate was filled in a water tank by
which it reacted in the presence of catalyst and formed Carbon dioxide,among other things. All
this factors contributed in developing stress and pressure on the tank. Due to high amount of
pressure, the temperature of a tank increased over 200 degree Celsius. This amount of pressure
was not controlled by the reactors. In order to release the pressure, it became emergency call to
take out the gas from the container in local environment. The pipes were made with iron and
condition of pipes were not good, due to presence of rust the reaction became more
simultaneously. Therefore, the entire tank was empty in 2 hours. The toxic gas leads to death of
more than 8000 individuals on single day (Basha and Newaz, 2020).
Legal actions are compulsory in this case. In order to begin this, legal proceeding in
regards to UCC were concluded in mutual collaboration of Indian Government among United
States. As the local Bhopal authorities were involved with the number of victims for this Indian
government passed a act of Bhopal Gas Leak which legally allowed Indian Government to be
plaintiff on behalf of victims. According to studies, further proceedings were initiated in federal
court of United States. Also government of India has not accepted the offer and Union Carbide in
which US$3.3 billion was to be paid to all victims. The trial was conducted again by Supreme
Court of Indian with fresh stake. Further an agreement was formed to pay US$470 million for
making refund to be imitated as refund upon the disaster. In this refund initiated on immediate
basis of order that has been passed by Supreme Court of India (Saxena, 2019) . On April 17th ,
1985 judge of court John F. Keenan said that fundamental human rights has been violated within
the disaster. In the Union carbide instruction is been given in relation to relief fund over disaster
that is $5 million and $10 million to all parties injured that has been distributing with the help of
International Red Cross. The damage which happened were approx 5000-6000 million over 20
years. Supreme Court has ordered in the year 1990 and made a several appeals in order to
maintain settlement between two parties. As the law stated that these cases are general and they
can occur due to irresponsibility of organisation and workers of organisation as well. The
organisation accepted the order by making appropriate funds and UCC should be consider as
subsidiary to the victims those who suffered due to loss.
Code of ethical conduct
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The ethical code of conduct are meant to be those rules and regulations which conduct
professionalism as well as it also conduct honest integration. The implementation of this policy
in a organisatgion may provide beter understanding of problematic areas within organisation.
Acoording to code of ethic, value is increased by making professionalism as a priority. It help to
make integrity and the transparency to be covered along with it. Members within a organization
has to follow the ethical code and if violation is done then rule of termination is to be applied.
The ethics are considered makes morals and principle within opreations by which proceeding are
to be followed. Further various important part of ethics has been explained as follows
Professionilsm should be priority as well as fololowed by each member who work within
firm or orgnisation. Among professionalism, intergrity and honesty are also aimed and focused.
All members of an organisation should follow ethical code and if anyone violate then rule of
termination should be appplied in these cases. Through, ethics various problems can be solved
and handled within any firm that makes issues regarding employee and employer to be solved.
Hence by this strategy problems such as gender discrimination, enviormental issues, bribery with
trading of social responsibility is also dealth with the help of it (Sinha and Neeraj Jha, 2020).
Ethical position of the parent US Union Carbide company
In this analysis of this case study it can be marked that this tragedy is one of the awful
that happened within India. The parent organisation Union Carbide which has been invlolved in
the following disaster. So it is been observe from the above case that code of ethics were not
being followed by orgnisation. The compensation money was given to the family of victims
which was not appropriate as this revealed that how organisation was willing to escape from
situation by impelmenting their own judicial authority (Basha and Newaz, 2020). It was only
Supreme Court has stated judgement that resulted into making $470 million which makes
balance in regards recovery through disaster.
CONCLUSION
The above discussion concluded that business law and the consistent ethics build a
organisation or firm in order to achieve goals and objectives which already determined by firms.
The ethical code may promote discipline in an organisation or firm. It also promote the
sustainability of firm in future term as well as it help firm to stay up in disaster or any misshapen
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situation occurs within organisation. In the tragedy of Bhopal gas it is discussed in respect with
ethics facts has been discussed.
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REFERENCES
Book and journals
Basha, O., and Newaz, T., 2020. Bhopal gas Tragedy: A safety case stud.
Bisht, P., 2018. Social movements and the scaling of memory and justice in
Bhopal. Contemporary South Asia, 26(1), pp.18-33.
Brown, B. and Ranjan, S., 2018. The Bhopal gas tragedy site: amelioration and the way ahead.
Island, T., 2020. A Toxic Hotspot on the River Periyar in Kerala: Corporate Crimes in God's
Own Country. Water Conflicts in India: A Million Revolts in the Making.
Jayanthi, K., 2018. On the Ecological Footprint: Media and Environment. A Handbook of
Journalism: Media in the Information Age.
Rao, P.J. and Kubo, S. eds., 2018. Proceedings of International Conference on Remote Sensing
for Disaster Management: Issues and Challenges in Disaster Management.
Raza, G. and Singh, S., 2017. Current status of public understanding of science: Results of
Kumbh Mela survey studies. In Bridging the Communication Gap in Science and
Technology (pp. 133-145). Springer, Singapore.
Saxena, A., 2019. Ethics in science: Pedagogic issues and concerns. Springer Nature.
Senthilkumar, C.S., and Ganesh, N., 2020. Susceptibility of the Bhopal–methyl isocyanate
(MIC)–gas–tragedy survivors and their offspring to COVID-19: What we know, what we
don’t and what we should?. Ciencia & saude coletiva, 25, pp.4225-4230.
Singh and et. al., 2018. Integrated Sensors for Risk Assessment in Industries and Residential
Sectors: A Review. In Intelligent Communication, Control and Devices (pp. 411-417).
Springer, Singapore.
Sinha, A.K. and Neeraj Jha, K., 2020. Environmental laws and their compliance in road
projects. Journal of Legal Affairs and Dispute Resolution in Engineering and
Construction, 12(1), p.04519050.
Online
Bhopal disaster. 2021. Online. Available through: <https://www.britannica.com/event/Bhopal-
disaster>
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