A nocturnal gas leak in 1984 took the lives of more than 7,000 people in Bhopal over a three-day span, and a further 15,000 in the years that followed. The leak came from a pesticide plant owned by Union Carbide Corporation (UCC), now owned by Dow Chemical (DOW). The company is still denying its responsibility, and refuses to reveal the toxicological information of the gas, thwarting medical efforts to deliver appropriate treatment to more than 100,000 surviving victims. Should not there be a conscience of the company, which ensures that the Bhopal factory site and its surroundings are promptly and effectively decontaminated, that the groundwater is cleaned up, that the stockpiles of toxic and hazardous substances left at the site are removed, and that full reparation, restitution, compensation and rehabilitation are promptly provided for the continuing damage done to people’s health and environment by the ongoing contamination of the site? Should they not be ashamed of the lack of effective regulation and accountability systems, which have meant that court cases are dragging on, and corporations and their leaders continuing to evade accountability for thousands of deaths, widespread ill-health and ongoing damage to livelihoods?

Of course, our government has the primary obligation to secure universal enjoyment of human rights, and this includes an obligation to protect all individuals from the harmful actions of others, including companies. However, while the government has been frequently failing in regulating the human rights impact of business or ensuring access to justice for victims of human rights abuses involving business, the companies too have been complicit in their human rights abuses. In a democracy, a government will be taken to task for its failure. At the same time, there has also to be a call for the companies to be conscientious and accountable for their activities related to human rights. A few of them claim to engage with human rights responsibilities through voluntary consultations, relief and rehabilitation initiatives. While these have a role to play, such voluntarism can never be a substitute for concrete standards on businesses’ mandatory compliance with human rights. In India, as a minimum requirement, all companies should respect the right to information; free, prior, informed consent; and no displacement without rehabilitation, regardless of the sector, state or context in which they operate.

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