Survivors of Bhopal Gas tragedy and various non-government organizations which are fighting for justice for the last several years have condemned the decision of US Federal court that dismissed the appeal filed by some of the victims including Janki Sahu.
Sahu argues that the District Court took an unduly narrow view of who may be held liable for creating a nuisance and that she had adduced sufficient facts for a reasonable juror to find that UCC had participated in the creation of the nuisance. The organizations said that that the decision of the Appellate court was a gross miscarriage of justice as it deliberately ignored the documentary evidence presented in court in the last nine years. The organizations said that they would now persuade the Indian government, owner of the contaminated lands, to intervene in the case pending before the US court. "Internal corporate documents presented before the three Appellate court 'unambiguously' demonstrates that Union Carbide Corporation, USA, and not its Indian subsidiary, had designed the waste disposal system in the Bhopal plant as well as supervised its operation and monitored the harmful consequences of the hazardous design," said Rachna Dhingra of the Bhopal Group for Information and Action.
