3
REPORTS Bhopal: The Continuing Toll Anil Sadgopal Sujit K Das Freshly available medical evidence, collected by an investigation conducted under the aegis of the ICMR, shows that the poison from the Bhopal gas leak is still persisting in the bodies of the victims. This medical evidence of systemic and persistent toxicity renders Union Carbide Corporation liable for all multi-systemic ailments that the gas victims are suffering from as well as the teratogenic, carcinogenic and mutagenic risks they face. FRESHLY available medical evidence, recently submitted to the Supreme Court of India, shows that the poison from the Bhopal gas leak may still be persisting in the bodies of gas victims This finding would have major consequences on the very nature and quality of the compen- sation case against Union Carbide Cor- poration, USA (UCC). An out-of-court compromise between government of India (GOl) and UCC is reported to be immi- nent. This scientific evidence was collected by a team of investigators of the Depart- ment of Endocrinology and Metabolism of the All India Institute of Medical Sciences (AIIMS), New Delhi, led by Dr M G KarmaKar. The results of their in- vestigation, conducted from July 1985 to March 1987, incontrovertibly established that urine samples of gas victims contain ed a significantly higher amount of a chemical called thiocyanate. Although this investigation was carried out under the aegis of Indian Council of Medical Research (ICMR), the premier medical research organisation of the country, the ICMR authorities failed to see the pro- found significance of this new evidence and terminated the project prematurely Consequently, the toxicological status of gas victims could not be monitored beyond March 1987. BACKGROUND: THE MEDICAL CONTEXT Ironically, this was what the ICMR authorities along with Dr Heeresh Chan- dra, head of Bhopal's Medico-Legal In- stitute, had claimed from January 1985 onwards. They had, however, hastily con- cluded that this observation implied that MIC exposure led to cyanide poisoning. This was in contrast to the theory pro- pounded and vigorously pursued by UCC from the very beginning that since MIC was the only component of the toxic emis- sion, there could not be any question of systemic and persistent toxicity. According to UCC, MIC is instantly transformed into harmless methylamine on contact with water on body surfaces, e g, eyes and lungs, MIC, therefore,' cannot enter the blood stream and cannot cause any syste- mic and persistent toxicity, MIC, at high concentrations, could at most cause only varying degrees of local injury at the point of contact (i e, eyes and lungs); multi- systemic disorders reported by gas victims are due to the secondary effects of hypoxia (lack of oxygen) resulting from lung in- jury. In order to bolster up this theory, UCC suppressed all vital information in its possession regarding (a) chemistry of exothermic reaction and thermal decom- position-of MIC that took place in the fateful Tank No 610, (b) identity of the components of the toxic emission, (c) bio- chemical fate of MIC in the human body as well as toxicological impact of the leak- ed gas, and (d) antidotal treatment of systemic poisoning by MIC ' However, a number of Indian investi- gators, at quite an early stage, detected significant pointers towards the possibility of systemic and persistent toxicity of the gas-exposure Medico Friend Circle's epidemiological study reported presence of multi-systemic ailrrients including high frequency of non-respiratory symptoms in a significant number of victims. Among the hospitalised patients, ICMR noted that in about 40 per cent patients suffer- ing from respiratory symptoms no organic damage to lungs could be detected. Laboratory investigations revealed presence of carbamylated haemoglobin (haemoglobin linked with,MIC) and anti- M1C antibody in blood samples drawn from gas victims. Animal experiments, conducted at Defence Research Develop- ment Establishment, Gwalior, established that MIC could cross air-blood barrier in the lungs to enter the blood stream. The most significant finding, however, was ICMR's claim that urine thiocyanate levels of gas victims were elevated 2-3 fold and administration of sodium thiosulphate injection, a known antidote of cyanide poisoning, resulted in further 8-10 fold elevation. ICMR's diagnosis of cyanide poisoning based on this finding had scien- tific basis. It is commonly believed that cyanide is such a poison that even a drop causes instant death. This is not true. Cyanide radicals enter the human body everyday through certain foodstuffs or through consumption of tobacco. Com- bining with sulphur by enzymatic action in the body, cyanide is converted into thio- cyanate to be excreted through urine. In case of acute cyanide poisoning when lethal amount of cyanide enters the body, the victim dies unless an extraneous large source of sulphur (e g, a sodium thiosul- phate injection) is quickly made available. When it transpired that there was no recorded case of chronic cyanide poison- ing, ICMR invoked the theory of 'enlarged cyanogen pool' implying that the poison had somehow been existing in a com- paratively stable form to act as a con- tinued source of cyanide and steadily been converted into thiocyanate in the body in increasing amounts It is on this basis that ICMR recommended mass therapy of the symptomatic gas victims with sodium thiosulphate The MP government not only did not implement ICMR's recommendation but went to the extent of closing the volun- tary health clinic Janaswasthya Kendra where sodium thiosulphate was being ad- ministered to gas victims with palpably beneficial results Acting on a petition*x>f the gas victims and their physician Dr Nisith Vohra, the Supreme Court of India ordered restoration of Janaswasthya Kendra and constituted a seven-member expert committee with five members from official bodies including MP government and two non-official representatives from voluntary organisations. The Supreme Court Committee was entrusted, inter qIiq, with preparing a scheme of detoxi- fication and medical relief, to arrange for monitoring the implementation of medical relief, and to carry out proper epidemio- logical and house-to-house survey which will be "necessary for the purpose of determining the compensation payable to the gas affected victims and their families". The committee, however, after one year of deliberation, decided to submit two reports—one by a majority of official members and the other by the minority constituted by the two non-official members. The minority members submit- ted a preliminary report of concern to the Supreme Court on October 26,1987. This report presented the evidence collected by the AIIMS team and recommended im- mediate consideration of this scientific evidence by the concerned authorities, including GOI, for the purpose of urgent Economic and Political Weekly November 28, 1987 2041

1987 Reports Bhopal the Continuing Toll

Embed Size (px)

DESCRIPTION

Bhopal Gas Tragedy

Citation preview

  • REPORTS

    Bhopal: The Continuing Toll Anil Sadgopal Sujit K Das

    Freshly available medical evidence, collected by an investigation conducted under the aegis of the ICMR, shows that the poison from the Bhopal gas leak is still persisting in the bodies of the victims. This medical evidence of systemic and persistent toxicity renders Union Carbide Corporation liable for all multi-systemic ailments that the gas victims are suffering from as well as the teratogenic, carcinogenic and mutagenic risks they face.

    FRESHLY available medical evidence, recently submitted to the Supreme Court of India, shows that the poison from the Bhopal gas leak may still be persisting in the bodies of gas victims This finding would have major consequences on the very nature and quality of the compen-sation case against Union Carbide Cor-poration, USA (UCC). An out-of-court compromise between government of India (GOl) and UCC is reported to be immi-nent. This scientific evidence was collected by a team of investigators of the Depart-ment of Endocrinology and Metabolism of the A l l India Institute of Medical Sciences (AIIMS), New Delhi, led by Dr M G KarmaKar. The results of their in-vestigation, conducted from July 1985 to March 1987, incontrovertibly established that urine samples of gas victims contain ed a significantly higher amount of a chemical called thiocyanate. Although this investigation was carried out under the aegis of Indian Council of Medical Research (ICMR), the premier medical research organisation of the country, the ICMR authorities failed to see the pro-found significance of this new evidence and terminated the project prematurely Consequently, the toxicological status of gas victims could not be monitored beyond March 1987.

    BACKGROUND: T H E M E D I C A L CONTEXT

    Ironically, this was what the ICMR authorities along with Dr Heeresh Chan-dra, head of Bhopal's Medico-Legal In-stitute, had claimed from January 1985 onwards. They had, however, hastily con-cluded that this observation implied that MIC exposure led to cyanide poisoning. This was in contrast to the theory pro-pounded and vigorously pursued by UCC from the very beginning that since MIC was the only component of the toxic emis-sion, there could not be any question of systemic and persistent toxicity. According to UCC, M I C is instantly transformed into harmless methylamine on contact

    with water on body surfaces, e g, eyes and lungs, MIC, therefore,' cannot enter the blood stream and cannot cause any syste-mic and persistent toxicity, MIC, at high concentrations, could at most cause only varying degrees of local injury at the point of contact (i e, eyes and lungs); multi-systemic disorders reported by gas victims are due to the secondary effects of hypoxia (lack of oxygen) resulting from lung in-jury. In order to bolster up this theory, UCC suppressed all vital information in its possession regarding (a) chemistry of exothermic reaction and thermal decom-position-of MIC that took place in the fateful Tank No 610, (b) identity of the components of the toxic emission, (c) bio-chemical fate of MIC in the human body as well as toxicological impact of the leak-ed gas, and (d) antidotal treatment of systemic poisoning by MIC '

    However, a number of Indian investi-gators, at quite an early stage, detected significant pointers towards the possibility of systemic and persistent toxicity of the gas-exposure Medico Friend Circle's epidemiological study reported presence of multi-systemic ailrrients including high frequency of non-respiratory symptoms in a significant number of victims. Among the hospitalised patients, ICMR noted that in about 40 per cent patients suffer-ing from respiratory symptoms no organic damage to lungs could be detected. Laboratory investigations revealed presence of carbamylated haemoglobin (haemoglobin linked with,MIC) and anti-M1C antibody in blood samples drawn from gas victims. Animal experiments, conducted at Defence Research Develop-ment Establishment, Gwalior, established that MIC could cross air-blood barrier in the lungs to enter the blood stream.

    The most significant finding, however, was ICMR's claim that urine thiocyanate levels of gas victims were elevated 2-3 fold and administration of sodium thiosulphate injection, a known antidote of cyanide poisoning, resulted in further 8-10 fold

    elevation. ICMR's diagnosis of cyanide poisoning based on this finding had scien-tific basis. It is commonly believed that cyanide is such a poison that even a drop causes instant death. This is not true. Cyanide radicals enter the human body everyday through certain foodstuffs or through consumption of tobacco. Com-bining with sulphur by enzymatic action in the body, cyanide is converted into thio-cyanate to be excreted through urine. In case of acute cyanide poisoning when lethal amount of cyanide enters the body, the victim dies unless an extraneous large source of sulphur (e g, a sodium thiosul-phate injection) is quickly made available. When it transpired that there was no recorded case of chronic cyanide poison-ing, ICMR invoked the theory of 'enlarged cyanogen pool' implying that the poison had somehow been existing in a com-paratively stable form to act as a con-tinued source of cyanide and steadily been converted into thiocyanate in the body in increasing amounts It is on this basis that ICMR recommended mass therapy of the symptomatic gas victims with sodium thiosulphate

    The MP government not only did not implement ICMR's recommendation but went to the extent of closing the volun-tary health clinic Janaswasthya Kendra where sodium thiosulphate was being ad-ministered to gas victims with palpably beneficial results Acting on a petition*x>f the gas victims and their physician Dr Nisith Vohra, the Supreme Court of India ordered restoration of Janaswasthya Kendra and constituted a seven-member expert committee with five members from official bodies including MP government and two non-official representatives from voluntary organisations. The Supreme Court Committee was entrusted, inter qIiq, with preparing a scheme of detoxi-fication and medical relief, to arrange for monitoring the implementation of medical relief, and to carry out proper epidemio-logical and house-to-house survey which will be "necessary for the purpose of determining the compensation payable to the gas affected victims and their families". The committee, however, after one year of deliberation, decided to submit two reportsone by a majority of official members and the other by the minority constituted by the two non-official members. The minority members submit-ted a preliminary report of concern to the Supreme Court on October 26,1987. This report presented the evidence collected by the AI IMS team and recommended im-mediate consideration of this scientific evidence by the concerned authorities, including GOI, for the purpose of urgent

    Economic and Political Weekly November 28, 1987 2041

  • medical relief and, intervention in the imminent compromise in the compensa-tion case.

    lCMR's postulation of cyanide poison-ing had not found favour in scientific circle for a number of reasons. First, presence of cyanide in the toxic emission or evidence of conversion of cyanide from MIC could not be demonstrated. Second, and most important, the data on urine thiocyanate levels and sodium thiosul-phate therapy collected and presented by ICMR were scanty, confusing and bereft on any scientific validity. Indeed it may be observed without hesitation that the standard of scientific and medical' in-vestigations carried out on Bhopal disaster by most of the top class research organisations is so poor as to be rejected at the undergraduate level One example will suffice. It was in December 1986, after two years of study and research, that ICMR discovered that no proper control study was undcrtaken;*conclusions arrived at and recommendations issvicd were without any proper control study.

    Medical Implications

    The status of the latest findings differs in this respect that the A l l MS team ap-plied rigid scientific norms. They used a more reliable and specific method of estimation of urine thiocyanate; used a

    statistically valid method of sampling both gas-exposed and control popula-tions; took into account the effect of tobacco consumption on the output of urine thiocyanate; carried out a follow-up analysis six months later on the same in-dividuals. According to the Report, "our rigorous statistical analysis of the AIIMS' data. . . shows that the elevation of urine thiocyanate levels was highly significant on a statistical basis and that, even as late as in March 1987, about 25 per cent of children and 37 per cent of adults were found to be excreting abnormally high amounts of thiocyanate. This clearly signifies the possibility of some poisonous chemicals remaining in the body for a long time after the tragedy".

    This evidence of systemic and presistent toxicity explains the underlying cause of various observed phenomena relating to gas victims' ill health, e g, multi-systemic ailments, respiratory distress without organic damage to lungs, loss of work-power, easy fatiguability. It also explains the alarming findings of Medico Friend Circles' Pregnancy Outcome study show-ing an almost four-fold increase in the spontaneous abortion rate in gas-exposed women, including even those women who conceived 10 months after the gas leak. Carcinogenic and mutagenic risk of the gas-exposure is yet to be monitored and assessed.

    Elevated urine thiocyanate levels, how-

    ever, do not necessarily imply cyanide poisoning alone, as has so far been assum-ed by ICMR scientists. A lot of other avenues stared us in the face for explora-tion but peculiarly the researchers have so far turned a blind eye to them. The widely published report of the Varadarajan Com-mittee, presented to the parliament in December 1985, identified at least a dozen other toxic chemicals in the residue left in the exploded tank. For unknown rea-sons, toxic effects of those chemicals on human body have not been studied. Methylamine, to which MIC was conver-ted on contact with water according to UCC, is actually a highly toxic chemical. What happened when such an enormous amount of methylamine was formed in the lungs? Nobody seems to have asked this question. Finally, multiple evidence of systemic invasion .of MIC are now available. Given its propensity to react with proteins, M IC itself and its metabolites should have been vigorously investigated with regard to the biochemical basis of their persistence in and pathways of their removal (i e, detoxification) from human body, sodium thiosulphatc could very well have a detoxifying role against MIC-rclated poisons as indicated by the Gwalior study which showed that prior administration of sodium thiosulphate had a protective effect on animals expos-ed to MIC. Particularly strange is the jet-tisoning of an ICMR research project, conceived within eight weeks of the gas leak, entitled 'Clinical and Forensic Toxi-cological Studies in MIC Affected Per-sons'. This was the only research projcct, among a score, which had a declared ob-jective of studying the toxic effects of MIC and its derivatives on human body and searching for appropriate antidotes. The entire research efforts carried out by giant organisations like ICMR, CSIR, ICAR, DRDH, etc, are devoid of any cen-tral toxicological perspective.

    W H Y COMPROMISE ?

    Medical evidence of systemic and per-sistent toxicity renders UCC liable for all multi-systemic ailments that the gas vic-tims are suffering from as well as the teratogenic, carcinogenic and mutagenic risks they face. Such liability, obviously, cannot be discharged by a single-shot compensation. Medical relief, research into the toxic properties of the poisons and their appropriate antidotes, monitoring and management of long-term effects all these call for allocation of enormous resources and scientific manpower. It is apparent that the GOI has not been think-ing in these terms. It is reported that about 5 lakh claims for compensation have been received by GOI through its authorised claim-forms which asked for information on urine thiocyanate levels of the claim-

    ants. Whatever happened to all that in-formation? It is apparent that GOI had not been able to present a comprehensive picture of physical illness of the gas vic-tims to the Bhopal Court, nor does it feel confident enough to rebut the argument of UCC denying its liability. Otherwise, there is no ground for opting for an out-of-court compromise. Here lies the re-levance and importance of the aforesaid medical evidence which explains all fragmentary findings of non-respiratory ailments, increased rate of spontaneous abortion, persistent loss of work-power and easy fatiguability, symptomatic relief on sodium thiosulphate therapy, presence of carbamylated haemoglobin, anti-MIC anti-body, disturbed immune parameters. Wil l the GOI make use of this evidence?

    Why does not the government make its arguments public? Secrecy in this respect appears to be counter-productive. Even if it does not have a watertight case, an open public scrutiny of the government's brief would rather be helpful. Evidence col-lected by all non-official bodies and organisations might add to its strength. But then evidence is required in case of a court fight; it is irrelevant to an out-of-court compromise. Since the GOI is reported to have come down from its original claim of $ 3.3 billion to $ 500 million, the question of a fight appears to have been ruled out in the government's legal strategy.

    An out-of-court compromise releases UCC from all of its liability for ever. Such an end to the tragic drama of Bhopal will have far-reaching implications. In "the midst of agony and despair, Bhopal created hopes for better preparedness for future unforeseen disastersbetter legal safeguards, better medical relief and research, better control on multinational operation and liability, and of course, bet-ter awareness and alertness. Nothing seems to have followed.

    A l l said and done, why compromise? What do the gas victims have to lose, i f they are allowed to opt against com-promise? Union Carbide has, in any case, already admitted its liability for the gas leak and instant deaths. There will also be no difficulty in convincing any judge as regards UCC's liability for later deaths and injury to the eye and respiratory system. In the perspective of equivocal conduct of UCC in suppressing informa-tion on poisonous effects of MIC and therapeutic measures, a most conservative judgment may carry an award of more than $ 500 million. What is there, one may ask again, to Jose?

    There are people who argue that, in case of a court fight, many embarrassing acts of omission and commission on the part of the Indian authorities might come to light. Be as it may, such a contingency will not alter the fact of gas-leak and its

    2042 Economic and Political Weekly November 28, 1987

  • persisting ill effects. One may even argue that, left to their own efforts, the gas victims might have obtained a better com-pensation in the courts in the US or in India. The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, however, pre-empted the victims, depriving them of their right to sue UCC. In the absence of a legal or constitutional right to informa-tion, the gas victim? do not know why

    THL consequences ot famine are not con-fined to those who are its victims It also afleUs those who are on the othei side of the production relations in which ihe vic-tims are enmeshed Its cffects spread from the agricultural scctor into the industrial sector and even into the countiy's inter-national economic relations In bnef the whole economic system is affected

    I amine ^ i l l wipe oui part of the con-cessions wrested by the peasants and agricultur.il labourers When the rents peasants pa> aie detei mined not so much by the economics of ihe market, as by the force or extia-economic coercion that the landlotds can bring to bear, the weaken-ing of peasant economy will make more difficult resistance to the landlords1 at-tempts to increase rents and other ap-propriations Similarly with respect to usury rates A number of poor peasants (marginal farmers in the incorrect, official jargon) will be forced to sell then land Some among them are likely to be turned into tenants-at-will, sharecroppers on the same lands, and others into agricultural labourersr Among the agricultural labourers bondage would increase There are already reports of agricultural labourers being forced into bondage and destitute women into prosti tut ion Pauperisation (which is not the same thing as proletarianisation) and bondage are in-evitable results of iannne Famine weakens the old mode of production. It, in a sense, helps clear the way for some form of capitalism But to what extent capitalism, the capitalist organisation of production, takes over depends on a number of fac-tors (including the nature of the old mode of production and imperialism's necessity or otherwise of a reorganisation of pro-duction) and not on the extent and seventy of famine itself. Rather than a strengthen-

    their right for a just compensation is being compromised. Looking from all angles, the decision for an out-of-court com-promise appears to be politicalmedical, scientific, legal, humanitarian factors have been discounted One would be resigned to conclude that the entire exercise actually provides political protection to the giant multinational, Union Carbide Corpora-tion, USA

    ing of capitalist production, there might well be an intensification ot feudal forms of exploitation

    In industry, an immediate effect of the diought is that production of agro-based industries, like sugar, has been hit A fall in cotton and oilseeds output is certain Industries supplying inputs to agriculture are facing a crisis situation, with stocks piling up In the next round, industries supplying consumer goods (textiles, bicy-cles, soap, etc) to the agricultural sector, will be affected by the fall in agricultural incomes Faced with a shrinking market, the first response of industry is to postpone expansion plans and cut down on investments Equipment suppliers are already facing a fall in orders It has been estimated (by Isher 1 Ahluwaha and others) that a one per cent fall in agricultural income will lead to a 0 5 per cent fall in industrial income Spokesmen for industry are foreseeing a possible recession for industry from March 1988 Some of the industry predictions must be taken with a pinch of salt, as they are meani to induce govei nment to give more concessions But it is certain that in-dustrial growth will slow down. The ques-tion is only about whether there will be an actual fall, as FICCI expects Given the government's slackness in running relief works, a fall in industrial demand is most likely

    The famine, then, represents a serious crisis for the economy The claims foi both the much-vaunted stability of Indian agriculture and the new growth path of the economy, will be tested and the reality revealed The targe-scale destruction of rural (agncultuial and non-agricultural) incomes will reduce the market for mass consumption goods Along with increas-

    ing the rural-urban gap, the famine wil l further narrow the already narrowly-based industrial growth

    The considerable stock of foodgrains with the government may make it seem that the drought will not adversely affect the external payments position But, while imports of foodgrains may not be needed, there will, however, have to be increased imports of oilseeds along with sugar and even cotton Whatever the scale on which relief works are undertaken, the govern-ment's financial position is going to worsen 'I he recently-announced tax sur-charges may be moie than offset by the reduccd collections due to the industrial slow-down

    I he external payments position and the overall resource position of the govern-ment are bound to deteriorate The economic crisis is affecting agriculture, in-dustry, external payments and the resource position ol the government. It means not just increased misery for the toilers and small to middle property owners. The economic crisis will not leave the ruling classes untouched In agriculture, though (he asset-holdings of landlords and moneylenders may increase, their incomes have fallen In industry profits and ac-cumulation have fallen

    It is in such a cnsis that imperialism can apply the greatest pressure on the in-digenous luling classes in order to force the changes in policy that it wants It was during the 1965-66 famine that the US president refused to commit food 'aid' un-til the Indira Gandhi government an-nounced its acceptance of the 'Green Revolution' package A few years later in 1972, the US held up shipments of food to Bangladesh, till that government agreed to end jute exports to Cuba Today, the Indian government does not need to im-port food, but the large imports of edible oils, sugar and cotton will make it very vulnerable to balance of payments pressure Such pressure can come not only from the suppliers of credits and com-modities, but also from the buyers of Indian commodities The shrinking inter-nal market for industrial commodities en-tails greater reliance on external markets. With the world trade position not very favourable and growing protectionism in the West, the Soviet bloc market will grow in importance, allowing the Soviet Union more scope to apply pressure on the Indian government

    Fxternal markets, or at least some of them, can be captured by force The air invasion of Sri Lanka and the subsequent sui render of the Jayewardene government, have opened up the Sri Lanka market to Indian big business We will have to wait and see which of the neighbours next feels the weight of India's 'Monroe Doctrine', a doctrine of regional sub-hegemony

    Shrinking markets wil l force other

    Some Consequences of Famine D N

    The famine represents a serious crisis for the entire economy. The much-vaunted stability of Indian agriculture and the new growth path of the economy will be tested and the reality revealed. It is in such a crisis that imperialism can apply the greatest pressure on the indigenous ruling classes to force the changes m policy that it wants.

    Economic and Political Weekly December 26, 1987 2043