Friday, August 16, 2019
ââ¬ÅAn Indian Storyââ¬Â by Roger Jack Essay
In ââ¬Å"An Indian Storyâ⬠by Roger Jack is an example of family solidarity and care giving within a minority family. When Jack was just a young boy, his mother died, then his father remarried and started a new family that made the boy uncomfortable with his living situation. After that, he decided to go living with his late motherââ¬â¢s sister, Aunt Greta. It is an evident that even before he decided to move with Greta, Jack was very close to her when he stated, ââ¬Å"I walked to Aunt Gretaââ¬â¢s house and asked if I could move in with her since I had already spend so much time with her anywayâ⬠(53). This is our first example of the strong ties to extended family in this story. As the story progresses we learn that Greta has sacrificed not only for her nephew but for her father as well. Greta had been married for a long time but her husband just died five years into their marriage. The reason why Greta and her husband never had any children and she never remarried was because she took care of her father after her mother died. The fact that Greta looked after her father demonstrates another tight family bond and support for one another but it was also evident that the two share a close relationship. The author states, ââ¬Å"She [Greta] had so much love and knowledge to share, which she passed on to me naturally and freelyâ⬠(53). Hence, tradition was very important to Gretaââ¬â¢s family as well as their Indian culture and Greta shared it with Jack. During the years, Jack and his aunt form an even stronger bond and she became a mother to him as they shared many adventures together.
Thursday, August 15, 2019
The Lost Duke of Wyndham Chapter Seven
And that, Jack decided, was his cue to leave as well. Not that he had any great love for the duke. Indeed, he'd had quite enough of his marvelous lordliness for one day and was perfectly happy to see his back as he left the room. But the thought of remaining here with the dowagerâ⬠¦ Even Miss Eversleigh's delightful company was not enough of a temptation to endure more of that. ââ¬Å"I believe I shall retire as well,â⬠he announced. ââ¬Å"Wyndham did not retire,â⬠the dowager said peevishly. ââ¬Å"He went out.â⬠ââ¬Å"Then I shall retire,â⬠Jack said. He smiled blandly. ââ¬Å"End of sentence.â⬠ââ¬Å"It's barely dark,â⬠the dowager pointed out. ââ¬Å"I'm tired.â⬠It was true. He was. ââ¬Å"My John used to stay up until the wee hours,â⬠she said softly. Jack sighed. He did not want to feel sorry for this woman. She was hard, ruthless, and thoroughly unlikable. But she had, apparently, loved her son. His father. And she'd lost him. A mother shouldn't outlive her children. He knew this as well as he knew how to breathe. It was unnatural. And so instead of pointing out that her John had most likely never been kidnapped, strangled, blackmailed, and stripped of his (albeit paltry) livelihood, all in one day, he walked forward and set her ring ââ¬â the very one he had all but snatched from her finger ââ¬â on the table next to her. His own was in his pocket. He was not quite prepared to share its existence with her. ââ¬Å"Your ring, madam,â⬠he said. She nodded, then took it into her hands. ââ¬Å"What is the D for?â⬠he asked. His whole life, he'd wondered. He might as well gain something from this debacle. ââ¬Å"Debenham. My birth surname.â⬠Ah. It made sense. She'd have given her own heirlooms to her favorite son. ââ¬Å"My father was the Duke of Runthorpe.â⬠ââ¬Å"I am not surprised,â⬠he murmured. She could decide for herself if that was a compliment. He bowed. ââ¬Å"Good evening, your grace.â⬠The dowager's mouth tightened with disappointment. But she seemed to recognize that if there had been a battle that day, she was the only one who had emerged victorious, and she was surprisingly gracious as she said, ââ¬Å"I shall have supper sent up.â⬠Jack nodded and murmured his thanks, then turned to exit. ââ¬Å"Miss Eversleigh will show you to your room.â⬠At that Jack snapped to attention, and when he looked Miss Eversleigh's way, he saw that she had, too. He had been expecting a footman. Possibly the butler. This was a delightful surprise. ââ¬Å"Is that a problem, Miss Eversleigh?â⬠the dowager asked. Her voice sounded sly, a little bit taunting. ââ¬Å"Of course not,â⬠Miss Eversleigh replied. Her eyes were clouded but not entirely unreadable. She was surprised. He could see it by the way her lashes seemed to reach a little higher toward her brows. She was not used to being ordered to tend to anyone except the dowager. Her employer, he decided, did not like to share her. And as his eyes fell again to her lips, he decided that he was in complete accord. If she were his, if he had any right to herâ⬠¦he would not wish to share her, either. He wanted to kiss her again. He wanted to touch her, just a soft brush of hand against skin, so fleeting that it could only be deemed accidental. But more than any of that, he wanted use of her name. Grace. He liked it. He found it soothing. ââ¬Å"See to his comfort, Miss Eversleigh.â⬠Jack turned to the dowager with widening eyes. She sat like a statue, her hands folded primly in her lap, but the corners of her mouth were tilted ever so slightly up, and her eyes looked cunning and amused. She was giving Grace to him. As clear as day, she was telling him to make use of her companion, if that was his desire. Good Lord. What sort of family had he fallen into? ââ¬Å"As you wish, ma'am,â⬠Miss Eversleigh replied, and in that moment Jack felt soiled, almost dirty, because he was quite certain she had no idea that her employer was attempting to whore her off on him. It was the most appalling sort of bribe. Stay the night, and you can have the girl. It sickened him. Doubly so, because he wanted the girl. He just didn't want her given to him. ââ¬Å"It is most kind of you, Miss Eversleigh,â⬠he said, feeling as if he had to be extra polite to make up for the dowager. They reached the door, and then, before he forgot, he turned back. He and the duke had spoken only tersely on their outing, but on one matter they had been in accord. ââ¬Å"Oh, by the by, should anyone ask, I am a friend of Wyndham's. From years gone by.â⬠ââ¬Å"From university?â⬠Miss Eversleigh suggested. Jack fought back a grim chuckle. ââ¬Å"No. I did not attend.â⬠ââ¬Å"You did not attend!â⬠the dowager gasped. ââ¬Å"I was led to believe you'd had a gentleman's education.â⬠ââ¬Å"By whom?â⬠Jack inquired, ever so politely. She sputtered at that for a moment, and then finally she scowled and said, ââ¬Å"It is in your speech.â⬠ââ¬Å"Felled by my accent.â⬠He looked at Miss Eversleigh and shrugged. ââ¬Å"Pommy R's and proper H's. What's a man to do?â⬠But the dowager was not prepared to let the subject drop. ââ¬Å"You are educated, are you not?â⬠It was tempting to claim he'd been schooled with the local lads, if only to witness her reaction. But he owed his aunt and uncle better than that, and so he turned to the dowager and said, ââ¬Å"Portora Royal, followed by two months at Trinity College ââ¬â Dublin, that is, not Cambridge ââ¬â and then six years serving in His Majesty's army and protecting you from invasion.â⬠He cocked his head to the side. ââ¬Å"I'll take those thanks now, if you will.â⬠The dowager's lips parted with outrage. ââ¬Å"No?â⬠He lifted his brows. ââ¬Å"Funny how no one seems to care that they still speak English and curtsy to good King George.â⬠ââ¬Å"I do,â⬠Miss Eversleigh said. And when he looked at her, she blinked and added, ââ¬Å"Er, thank you.â⬠ââ¬Å"You're welcome,â⬠he said, and it occurred to him that this was the first time he'd had cause to say it. Sadly, the dowager was not unique in her sense of entitlement. Soldiers were occasionally feted, and it was true that the uniforms were quite effective when attracting the ladies, but no one ever thought to say thank you. Not to him, and especially not to the men who'd suffered permanent injury or disfigurement. ââ¬Å"Tell everyone we shared fencing lessons,â⬠Jack said to Miss Eversleigh, ignoring the dowager as best he could. ââ¬Å"It's as good a ruse as any. Wyndham says he's passable with a sword?â⬠ââ¬Å"I do not know,â⬠she said. Of course she wouldn't. But no matter. If Wyndham had said he was passable, then he was almost certainly a master. They would be well-matched if ever they had to offer proof of their lie. Fencing had been his best subject in school. It was probably the only reason they had kept him to age eighteen. ââ¬Å"Shall we?â⬠he murmured, tilting his head toward the door. ââ¬Å"The blue silk bedroom,â⬠the dowager called out sourly. ââ¬Å"She does not like to be left out of a conversation, does she?â⬠Jack murmured, so that only Miss Eversleigh could hear. He'd known she could not answer, not with her employer so close, but he saw her eyes dart away, as if trying to hide her amusement. ââ¬Å"You may retire for the night as well, Miss Eversleigh,â⬠the dowager directed. Grace turned in surprise. ââ¬Å"You don't wish for me to attend to you? It's early yet.â⬠ââ¬Å"Nancy can do it,â⬠she replied with a pinch of her lips. ââ¬Å"She's an acceptable hand with buttons, and what's more, she doesn't say a word. I find that to be an exceptionally good trait in a servant.â⬠As Grace held her tongue more often than not, she decided to take that as a compliment, rather than the rear-door insult it was meant to be. ââ¬Å"Of course, ma'am,â⬠she said, bobbing a demure curtsy. ââ¬Å"I shall see you in the morning, then, with your chocolate and the newspaper.â⬠Mr. Audley was already at the door and was holding out his hand to motion for her to precede him, so she walked out into the hall. She had no idea what the dowager was up to, giving her the rest of the evening off, but she was not going to argue further. ââ¬Å"Nancy is her maid,â⬠she explained to Mr. Audley once he reached her side. ââ¬Å"I'd guessed.â⬠ââ¬Å"It's most odd.â⬠She shook her head. ââ¬Å"She ââ¬â ââ¬Å" Mr. Audley waited rather patiently for her to finish her sentence, but Grace decided the better of it. She had been going to say that the dowager hated Nancy. In fact, the dowager complained most bitterly and at painful length each time she had a day out and Nancy served as a substitute. ââ¬Å"You were saying, Miss Eversleigh?â⬠he murmured. She almost told him. It was strange, because she barely knew him, and furthermore, he could not possibly be interested in the trivialities of the Belgrave household. Even if he did become the duke ââ¬â and the thought of it still made her somewhat sick to her stomach ââ¬â well, it wasn't as if Thomas could have identified any of the housemaids. And if asked which ones his grandmother disliked, he'd surely have said, All of them. Which, Grace thought with a wry smile, was probably true. ââ¬Å"You're smiling, Miss Eversleigh,â⬠Mr. Audley remarked, looking very much as if he were the one with a secret. ââ¬Å"Do tell why.â⬠ââ¬Å"Oh, it's nothing,â⬠she said. ââ¬Å"Certainly nothing that would be of interest to you.â⬠She motioned toward the staircase at the rear of the hall. ââ¬Å"Here, the bedchambers are this way.â⬠ââ¬Å"You were smiling,â⬠he said again, falling in step beside her. For some reason that made her smile anew. ââ¬Å"I did not say that I wasn't.â⬠ââ¬Å"A lady who doesn't dissemble,â⬠he said approvingly. ââ¬Å"I find myself liking you more with every passing minute.â⬠Grace pursed her lips, eyeing him over her shoulder. ââ¬Å"That does not indicate a very high opinion of women.â⬠ââ¬Å"My apologies. I should have said a person who does not dissemble.â⬠He flashed her a smile that shook her to her toes. ââ¬Å"I would never claim that men and women are interchangeable, and thank heavens for that, but in matters of truthiness, neither sex earns high marks.â⬠She looked at him in surprise. ââ¬Å"I don't think truthiness is a word. In fact, I'm quite certain it is not.â⬠ââ¬Å"No?â⬠His eyes darted to the side. Just for a second ââ¬â not even a second, but it was long enough for her to wonder if she'd embarrassed him. Which couldn't be possible. He was so amazingly glib and comfortable in his own skin. One did not need more than a day's acquaintance to realize that. And indeed, his smile grew jaunty and lopsided, and his eyes positively twinkled as he said, ââ¬Å"Well, it should be.â⬠ââ¬Å"Do you often make up words?â⬠He shrugged modestly. ââ¬Å"I try to restrain myself.â⬠She looked at him with considerable disbelief. ââ¬Å"I do,â⬠he protested. He clasped one hand over his heart, as if wounded, but his eyes were laughing. ââ¬Å"Why is it no one ever believes me when I tell them I am a moral and upstanding gentleman, on this earth with the every intention of following every rule.â⬠ââ¬Å"Perhaps it is because most people make your acquaintance when you order them out of a carriage with a gun?â⬠ââ¬Å"True,â⬠he acknowledged. ââ¬Å"It does color the relationship, doesn't it?â⬠She looked at him, at the humor lurking in his emerald eyes, and she felt her lips tickle. She wanted to laugh. She wanted to laugh the way she'd laughed when her parents were alive, when she'd had the freedom to seek out life's absurdities and the time to make merry over them. It almost felt as if something were waking up within her. It felt lovely. It felt good. She wanted to thank him, but she'd sound the veriest fool. And so she did the next best thing. She apologized. ââ¬Å"I'm sorry,â⬠she said, pausing at the base of the stairs. That seemed to surprise him. ââ¬Å"You're sorry?â⬠ââ¬Å"I am. Forâ⬠¦today.â⬠ââ¬Å"For kidnapping me.â⬠He sounded amused, vaguely so. Perhaps even condescending. ââ¬Å"I didn't mean to,â⬠she protested. ââ¬Å"You were in the carriage,â⬠he pointed out. ââ¬Å"I do believe that any court of law would brand you an accomplice.â⬠Oh, that was more than she could take. ââ¬Å"This would, I assume, be the same court of law that sent you to the gallows earlier that same morning for pointing a loaded gun at a duchess.â⬠ââ¬Å"Tsk tsk. I told you it wasn't a hanging offense.â⬠ââ¬Å"No?â⬠she murmured, echoing his earlier tone precisely. ââ¬Å"It ought to be.â⬠ââ¬Å"Oh, you think?â⬠ââ¬Å"If truthiness gets to be a word, then accosting a duchess with a gun ought to be enough to get one hanged.â⬠ââ¬Å"You're quick,â⬠he said admiringly. ââ¬Å"Thank you,â⬠she said, then admitted, ââ¬Å"I'm out of practice.â⬠ââ¬Å"Yes.â⬠He glanced down the hall toward the drawing room, where the dowager was presumably still enthroned upon her sofa. ââ¬Å"She does keep you rather silent, doesn't she?â⬠ââ¬Å"Loquaciousness is not considered becoming in a servant.â⬠ââ¬Å"Is that how you see yourself?â⬠His eyes met hers, searching her so deeply she almost stepped away. ââ¬Å"A servant?â⬠And then she did step away. Because whatever it was he was going to find in her, she wasn't so sure she wanted to see it. ââ¬Å"We should not loiter,â⬠she said, motioning for him to follow her up the stairs. ââ¬Å"The blue silk bedroom is lovely. Very comfortable, and with excellent morning light. The artwork in particular is superb. I think you will like it.â⬠She was babbling, but he was kind enough not to remark upon it, instead saying, ââ¬Å"I'm sure it will be an improvement over my current lodgings.â⬠She glanced over at him with surprise. ââ¬Å"Oh. I had assumed ââ¬â â⬠She broke off, too embarrassed to remark that she'd thought him a homeless nomad. ââ¬Å"A life of posting inns and grassy fields,â⬠he said with an affected sigh. ââ¬Å"Such is the fate of a highwayman.â⬠ââ¬Å"Do you enjoy it?â⬠She surprised herself, both by asking it and also by how very curious she was in the answer. He grinned. ââ¬Å"Robbing coaches?â⬠She nodded. ââ¬Å"It depends on who is in the coach,â⬠he said softly. ââ¬Å"I very much enjoyed not robbing you.â⬠ââ¬Å"Not robbing me?â⬠She turned then, and the ice, which had been cracked, was officially broken. ââ¬Å"I didn't take a thing, did I?â⬠he returned, all innocence. ââ¬Å"You stole a kiss.â⬠ââ¬Å"That,â⬠he said, leaning forward with great cheek, ââ¬Å"was freely given.â⬠ââ¬Å"Mr. Audleyâ⬠¦Ã¢â¬ ââ¬Å"I do wish you'd call me Jack,â⬠he sighed. ââ¬Å"Mr. Audley,â⬠she said again. ââ¬Å"I did not ââ¬â â⬠She looked quickly about, then lowered her voice to an urgent whisper. ââ¬Å"I did notâ⬠¦ doâ⬠¦what you said I did.â⬠He smiled lazily. ââ¬Å"When did ââ¬Ëkiss' become such a dangerous word?â⬠She clamped her lips together because truly there was no way she would gain the upper hand in this conversation. ââ¬Å"Very well,â⬠he said. ââ¬Å"I shan't torment you.â⬠It would have been a kind and generous statement if he hadn't followed it with: ââ¬Å"Today.â⬠But even then, she smiled. It was difficult not to, in his presence. They were in the upper hall now, and Grace turned toward the family apartments where he would be staying. They moved along in silence, giving her ample time to consider the gentleman beside her. She did not care what he'd said about not completing university. He was extremely intelligent, unique vocabulary notwithstanding. And there was no arguing against his charm. There was no reason he should not be gainfully employed. She could not ask him why he was robbing coaches, however. It was far too forward on so short an acquaintance. It was ironic, that. Who would have thought she'd be worried about manners and propriety with a thief? ââ¬Å"This way,â⬠she said, motioning for him to follow her to the left. ââ¬Å"Who sleeps down there?â⬠Mr. Audley asked, peering in the opposite direction. ââ¬Å"His grace.â⬠ââ¬Å"Ah,â⬠he said darkly. ââ¬Å"His grace.â⬠ââ¬Å"He is a good man,â⬠Grace said, feeling she must speak up for him. If Thomas had not behaved as he ought, it was certainly understandable. From the day of his birth, he'd been raised to be the Duke of Wyndham. And now, with the flimsiest of fate twists, he'd been informed that he might be nothing more than plain Mr. Cavendish. If Mr. Audley had had a rough day, well then, surely Thomas's was worse. ââ¬Å"You admire the duke,â⬠Mr. Audley stated. Grace couldn't quite tell if this was a question; she didn't think so. But either way, his tone was dry, as if he thought she was somewhat naive for doing so. ââ¬Å"He is a good man,â⬠she repeated firmly. ââ¬Å"You will agree with me, once you further your acquaintance.â⬠Mr. Audley let out an amused little puff of breath. ââ¬Å"You sound like a servant now, starched and prim and properly loyal.â⬠She scowled at him, but he clearly did not care, because he was already grinning and saying, ââ¬Å"Are you going to defend the dowager next? I should like to hear you do it, because I'm most curious as to how, exactly, one would attempt such a feat.â⬠Grace could not imagine that he might actually expect her to reply. She turned, though, so he could not see her smile. ââ¬Å"I could not manage it myself,â⬠he continued, ââ¬Å"and I'm told I have a most silver tongue.â⬠He leaned forward, as if imparting a grave secret. ââ¬Å"It's the Irish in me.â⬠ââ¬Å"You're a Cavendish,â⬠she pointed out. ââ¬Å"Only half.â⬠And then he added, ââ¬Å"Thank God.â⬠ââ¬Å"They're not so bad.â⬠He let out a chuckle. ââ¬Å"They're not so bad? That's your rousing defense?â⬠And then heaven help her, she could not think of a single good thing to say except, ââ¬Å"The dowager would give her life for the family.â⬠ââ¬Å"Pity she has not done so already.â⬠Grace shot him a startled look. ââ¬Å"You sound just like the duke.â⬠ââ¬Å"Yes, I'd noticed they had a warm and loving relationship.â⬠ââ¬Å"Here we are,â⬠Grace said, pushing open the door to his chamber. She stepped back then. It could not be proper for her to accompany him into his room. Five years she'd been at Belgrave, and she'd never once stepped foot inside Thomas's chambers. She might not have much in this world, but she had her self-respect, and her reputation, and she planned to keep a firm hold on both. Mr. Audley peeked in. ââ¬Å"How very blue,â⬠he remarked. She could not help but smile. ââ¬Å"And silken.â⬠ââ¬Å"Indeed.â⬠He stepped inside. ââ¬Å"You're not going to join me?â⬠ââ¬Å"Oh, no.â⬠ââ¬Å"Didn't think you would. Pity. I'm going to have to loll about all on my own, rolling in all this silken blue splendor.â⬠ââ¬Å"The dowager was right,â⬠Grace said with a shake of her head. ââ¬Å"You're never serious.â⬠ââ¬Å"Not true. I'm quite frequently serious. It's up to you to figure out when.â⬠He shrugged as he wandered over to the writing desk, his fingers trailing idly along the blotter until they slid off the edge and back to his side. ââ¬Å"I find it convenient to keep people guessing.â⬠Grace said nothing, just watched him inspect his room. She ought to go. She rather thought she wanted to go, actually; all day she'd been longing to crawl into bed and go to sleep. But she stayed. Just watching him, trying to imagine what it was like to see all of this for the first time. She had entered Belgrave Castle as a servant. He was quite possibly its master. It had to be strange. It had to be overwhelming. She didn't have the heart to tell him that this wasn't the fanciest or most ostentatious guest bedchamber. Not even close. ââ¬Å"Excellent art,â⬠he commented, tilting his head as he regarded a painting on the wall. She nodded, her lips parting, then closing again. ââ¬Å"You were about to tell me it's a Rembrandt.â⬠Her lips parted again, but this time in surprise. He hadn't even been looking at her. ââ¬Å"Yes,â⬠she admitted. ââ¬Å"And this?â⬠he asked, turning his attention to the one underneath. ââ¬Å"Caravaggio?â⬠She blinked. ââ¬Å"I don't know.â⬠ââ¬Å"I do,â⬠he said, in a tone that was somehow both impressed and grim. ââ¬Å"It's a Caravaggio.â⬠ââ¬Å"You are a connoisseur?â⬠she asked, and she noticed that her toes had somehow crossed the threshold of the room. Her heels were still safe and proper, resting on the corridor floor, but her toesâ⬠¦ They itched in her slippers. They longed for adventure. She longed for adventure. Mr. Audley moved to another painting ââ¬â the east wall was full of them ââ¬â and murmured, ââ¬Å"I would not say that I am a connoisseur, but yes, I do like art. It's easy to read.â⬠ââ¬Å"To read?â⬠Grace stepped forward. What an odd statement. He nodded. ââ¬Å"Yes. Look here.â⬠He pointed to a woman in what looked like a post-Renaissance work. She was seated upon a lavish chair, cushioned in dark velvet, edged with thick, twisting gold. Perhaps a throne? ââ¬Å"Look at the way the eyes look down,â⬠he said. ââ¬Å"She is watching this other woman. But she is not looking at her face. She's jealous.â⬠ââ¬Å"No, she's not.â⬠Grace moved to his side. ââ¬Å"She's angry.â⬠ââ¬Å"Yes, of course. But she's angry because she's jealous.â⬠ââ¬Å"Of her?â⬠Grace responded, pointing to the ââ¬Å"otherâ⬠woman in the corner. Her hair was the color of wheat, and she was clad in a filmy Grecian robe. It ought to have been scandalous; one of her breasts seemed poised to pop out at any moment. ââ¬Å"I don't think so. Look at her.â⬠She motioned to the first woman, the one on the throne. ââ¬Å"She has everything.â⬠ââ¬Å"Everything material, yes. But this womanâ⬠ââ¬â he motioned to the one in the Grecian robe ââ¬â ââ¬Å"has her husband.â⬠ââ¬Å"How can you even know she is married?â⬠Grace squinted and leaned in, inspecting her fingers for a ring, but the brushwork was not fine enough to make out such a small detail. ââ¬Å"Of course she is married. Look at her expression.â⬠ââ¬Å"I see nothing to indicate wifeliness.â⬠He lifted a brow. ââ¬Å"Wifeliness?â⬠ââ¬Å"I'm quite certain it's a word. More so than truthiness, in any case.â⬠She frowned. ââ¬Å"And if she is married, then where is the husband?â⬠ââ¬Å"Right there,â⬠he said, touching the intricate gilt frame, just beyond the woman in the Grecian robe. ââ¬Å"How can you possibly know that? It's beyond the edge of the canvas.â⬠ââ¬Å"You need only to look at her face. Her eyes. She is gazing at the man who loves her.â⬠Grace found that intriguing. ââ¬Å"Not at the man she loves?â⬠ââ¬Å"I can't tell,â⬠he said, his head tilting slightly. They stood in silence for a moment, then he said, ââ¬Å"There is an entire novel in this painting. One need only take the time to read it.â⬠He was right, Grace realized, and it was unsettling, because he wasn't supposed to be so perceptive. Not him. Not the glib, jaunty highwayman who couldn't be bothered to find a proper profession. ââ¬Å"You're in my room,â⬠he said. She stepped back. Abruptly. ââ¬Å"Steady now.â⬠His arm shot out and his hand found her elbow. She couldn't scold him, not really, because she would have fallen. ââ¬Å"Thank you,â⬠she said softly. He didn't let go. She'd regained her balance. She was standing straight. But he didn't let go. And she did not pull away.
Wednesday, August 14, 2019
Bhopal Essay
This case was created by the International Dimensions of Ethics Education in Science and Engineering (IDEESE) Project at the University of Massachusetts Amherst with support from the National Science Foundation under grant number 0734887. Any opinions, findings, conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the National Science Foundation. More information about the IDEESE and copies of its modules can be found at http://www. mass. edu/sts/ethics. à © 2008 IDEESE Project. Bhopal Gas Disaster Chronology The timeline below documents the incidents leading up to and resulting from the 1984 Bhopal Plant Disaster. Use the key below to quickly find information on government measures relating to specific organizations, Indian national legislation, casualties, and economic conditions and profitability. A timeline documenting ensuing legislation can be found at the end of the main chronology. Key brown = central (India), state (Madhya Pradesh), or city (Bhopal) government measures relating specifically to UCC, UCIL, Bhopal plant, or immediate neighborhood of plant green = general India national legislation relevant to conduct of business red = casualty-producing plant incidents violet = economic conditions relevant to Bhopal plant profitability ___________________________________________________________________________ UCIL= Union Carbide (India) Limited UCC= Union Carbide Corporation 956 Indian Parliament adopts Companies Act of 1956 which requires affiliates of foreign companies to register as separate companies under Indian law and imposes limits on foreign investment and participation in all Indian companies. Union Carbide reduces its share of ownership in its Indian subsidiary (then called National Carbon Company (India) Limited from 100% to 60% in accordance with new Indian law by registering as an Indian company and selling shares to Indian citizens. All but one or two UCIL board members, all UCIL executives, and all regular or seasonal employees are Indian nationals. 1966 Indian market for fertilizers and pesticides is expanding as government adopts a range of policies, including efforts to increase yields and reduce post-harvest losses of crops to pests, to make India self-sufficient in food. India had depended heavily on outside food aid in earlier part of the decade, and government wished to end this. The domestic production of pesticides in 1966 is 14,000 metric tonnes, well short of what the government wants to supply to farmers. Union Carbide India Ltd (UCIL) establishes a new Agricultural Products Division to take advantage of growing Indian market for fertilizers and pesticides. Initial activity involves only local formulation (diluting ââ¬Å"technical gradeâ⬠concentrate to make products for sale to users). UCIL applies for license to carry out the whole production process in India. 2 of 19 1968 Government of India approves UCIL plans to build fertilizer/pesticide formulation plant in Bhopal. State of Madhya Pradesh leases land in the Kali Parade area of Bhopal for the plant to UCIL on a 99-year lease in an area zoned for industrial use. The area around plant is relatively unpopulated at time though there are two lakes nearby and the main Bhopal railroad station was about 2 miles from the plant site. Total population of City of Bhopal is estimated to be about 300,000 (the 1961 census put it at 102,000 but considerable in-migration from surrounding countryside had occurred). Adoption of Indiaââ¬â¢s 4th five-year plan, to run 1969-74. Plan goals include reducing ââ¬Å"unwholesome dependency on foreign agencies,â⬠particularly foreign corporations. The Plan outlines goals of requiring foreign investors to enter into joint ventures rather than establish wholly-owned subsidiaries, and reaffirms requirements to train and employ Indian nationals at all levels of operation, to use made-in-India equipment and components whenever they are available, and to transfer technology to Indian affiliates. These requirements meant that the government was strongly interested in having chemical plants located within the country develop capacity to undertake all steps from raw material through intermediate chemicals through final product on-site rather than relying on imported intermediates. 969 Bhopal plant begins operating. Initial operations consisted of making raw fertilizer and formulating (diluting to usable strengths) pesticides with US-origin ââ¬Å"technical gradeâ⬠chemical concentrates. UCIL industrial chemists develop a method of producing alpha-napthol that UCIL anticipates being able to scale up to economically competitive prod uction volumes. UCIL is reconsidering its business plan as the large-scale making of alpha-napthol turns out to be more challenging than it anticipated. Government of India begins pressing UCC and UCIL to have UCIL plants shift from formulation using US-source chemicals to full production in India. It makes issuing an operating license for the Bhopal plant conditional on its using domestically-made alpha-napthol. Government of India establishes National Committee for Environmental Planning and Coordination. 1970 1972 1973 Indian Parliament adopts Foreign Exchange Regulation Act 1973. Among other strong controls on flows of money in and out of India it establishes a scheme for government control over Indian firmsââ¬â¢ decisions on hiring foreigners as employees or contractors. Indian Government approves UCC-UCIL Design Transfer Agreement and Technical Services Agreement under which UCC will provide the basic process design of a plant capable of producing SEVIN (a carbaryl pesticide used on cotton and other crops) and training for Indian operators of plant. Design Transfer Agreement limits UCC to provision of the process design and materials specification. Detailing the design and building the plant are to be undertaken by Indians nationals employed by or contracting with UCIL. Government also uses powers to license technology imports to guide selection of suppliers of components for plant to Indian firms as much as possible. 3 of 19 Engineers employed by UCIL who will be involved in plant design visit UCC Technical Center in West Virginia to earn about US plant specifications and start process of adapting them to Indiaââ¬â¢s conditions. 1974 Indian Parliament adopts legislation requiring that Indian companies partly owned by foreigners reduce foreignersââ¬â¢ ownership share. For companies with 60% foreign ownership, the new legal maximum is 50. %. UCIL complies by the end of 1978 through sale of additional shares of stock offered only to Indians; these shares were held by 24,000 different persons or entities, with the Government of India itself holding 25% of UCIL stock. Indian Parliament adopts Water (Prevention and Control of Pollution) and Air (Prevention and Control of Pollution) Acts. These establish the central government as the main standard-s etter while leaving enforcement to state governments. Both Acts increase penalties for causing pollution but do not specify any emissions or ambient standards. 975 New Master Plan for City of Bhopal establishes a separate district for ââ¬Å"hazardous industryâ⬠in an open area 15 miles from center of town, and zone the area where UCILââ¬â¢s plant has been constructed for commercial and light, non-hazardous, industry only. City authorities want UCIL to move its operations to this area. Indian Government licenses UCIL to produce up to 5,000 tons of carbaryl pesticides a year in Bhopal plant UCIL hires Humphreys and Glasgow Consultants Private Limited, an Indian subsidiary of Londonbased Humphreys and Glasgow, to detail the plant design and supervise construction. 976 Madhya Pradesh Town and Country Planning Board classifies the UCIL plant as ââ¬Å"general industryâ⬠rather than ââ¬Å"hazardous industry. â⬠This allows plant to stay in its established location rath er than move to Bhopalââ¬â¢s new hazardous industry zone. Bhopal plant begins production of pesticides and begins $2. 5 million project to expand alphanapthol production unit to accommodate Sevin production. India hit by drought; farmers need loans from government to ride out the loss of harvests. They also cut back on pesticide purchases. 1978 Bhopal plantââ¬â¢s new alpha-napthol unitââ¬â¢s components fail soon after startup. 2 million reconstruction project begun. Production of pesticides continues using alpha-napthol imported from UCCââ¬â¢s US plants. 31 Oct 1977 4 of 19 UCC and UCIL decide to shift Bhopal plant to methyl isocyanite (MIC) process to produce SEVIN because parent UCC regarded this process as more economical and efficient than its previous way of producing it. New Bhopal MIC unit based on design of UCCââ¬â¢s MIC unit in Institute, West Virginia. (See separate page on alternative methods for production of SEVIN or similar carbamate pesticides. winter P rogress review of Bhopal project at UCC headquarters. Concerns about cost of building plant and reduced estimates of potential pesticide sales lead to consideration of whether Bhopal project can be scaled back. Decision is to continue as construction is too far advanced. Welding spark ignites nearby chemicals because welder unaware of and supervisor did not point out nearby flammables. Fire causes Rs. 6. 2 million ($730,000) in property damage, but no injuries to workers. 20 UCIL engineers sent to UCCââ¬â¢s West Virginia MIC plant for training in plant operation and safety. UCC engineers sent to India for pre-startup inspection of Bhopal plant report multiple deficiencies in safety measures. They also advise UCIL management of need to develop contingency plan for alerting and evacuating nearby population in event of major gas leak. UCIL management later reports it had developed such plans; city and state government officials claimed in 1984 that they were not aware of any such plans. UCC Eastern Division brings up question of Bhopal plant at a global strategy meeting because of concern that it, like Institute WV plant, is too large for the market. Proposals to export part of Bhopal plantââ¬â¢s production are not adopted because of potential negative effects on UCC subsidiaries in other countries. UCC sends 8 US engineers and technicians to Bhopal plant to assist with startup and early operation of MIC unit. 1980 Government loans to farmers come due. Farmers shift to less expensive pesticides. Many of the newer pesticides are synthetic pyrethroids that are also safer in Indian conditions than carbaryl types like Sevin. Indian Government upgrades National Committee for Environmental Planning to cabinet-level Department of Environment. Both national and most state governments (including Madhya Pradesh) have Pollution Control Boards to inspect and enforce environmental laws. March Government approves UCIL application to retain 1 UCC engineer through 31 May 1981; renews approval through 31 May 1982 and then to 31 December 1982. 7 of the 8 UCC engineers and technicians sent from West Virginia return home. The remaining engineer continues to serve as plant manager until June 1982, then remains as a consultant. 24 Nov 1978-79 1979 June 5 of 19 fall A second UCC engineer team visits the Bhopal plant and repeats warnings about ack of contingency plan. Rebuilt alpha-napthol unit started up; fails again and is shut down. Alpha-napthol imports continue. Bhopal plant returns a modest profit for the year. National census puts City of Bhopal population at 895,815. Significant populations of recent arrivals from the countryside have settled in shanty towns near UCIL plant. 1981 June UCIL/UCC review of Bhopal plant operation show s that the variable cost of producing alphanapthol in Bopal is 4x the US cost and the variable cost of producing SEVIN in Bhopal are 3. 5x US costs. UCC and UCIL are both aware that new-formula pesticides coming onto market in India and other countries are likely to reduce demand for SEVIN. UCC wants UCIL to import MIC from UCC plant in West Virginia; Government of India refuses permits because it wants the making of MIC undertaken in India. 24 Dec 1 supervisor and 2 workers exposed to phosgene leak during a maintenance operation; one of the workers dies from effects of phosgene inhalation. UCIL management says he was at fault for removing his gas mask; workers claim supervisors gave insufficient warnings. Accident reported to UCC; UCC response plan includes additional training and some design changes. 1982 uncertain 10 Feb Feb UCIL notes growth of shantytowns near the Bhopal plant and asks the city to establish a ââ¬Å"greenbeltâ⬠zone around it to prevent further shantytown expansion. City does not act. 25 workers injured when a pump seal fails and significant quantities of MIC, phosgene, and hydrochloric acid gases escape into plant. Some treated on-site; 16 sent to local hospital Workers help a local journalist get into plant; he observes and writes about poor condition of plant and lax safety routines. Local newspaper publishes the story but its warnings that a massive leak is likely are ignored. India Labor Department investigates the Dec. 1981 fatal accident and recommends corrective measures. Bhopal plant is operating at less than half capacity because of weak market for its products. Local competitors making cheaper pesticides continue gaining market share. spring Either UCIL asks UCC to send engineering team to inspect plant, or UCC does on own initiative (accounts vary, usually consistently with author effort to show UCC was or was not in close control of plant during the post-disaster litigation). 6 of 19 2 April May 3 electricians suffer minor burns when one drops a screwdriver into an electrical panel and it shortcircuits. State inspectors recommend better insulation of circuits. UCC engineers inspect Bhopal plant, issue Operational Safety Survey on conditions in plant, warn there is real danger of a runaway reaction; suggest measures to avert danger UCIL management report s to UCC on follow-up, saying they will undertake all suggested measures, but do not act on the recommendation to increase the range of the firewater spraying system from 15 meters to 35 meters so it can reach the top of the MIC vent pipe. The last UCIL communication on followup, dated 26 June 1984, says all changes have been made except one to the SEVIN feed tank, which will be completed when the needed control valve is delivered in about a month. summer Jagannathan Mukund, Indian citizen trained at Institute WV plant, replaces US national Warren Woomer as plant manager. UCIL has to admit failure of efforts to scale up alpha-napthol production; alpha-napthol unit shut down as too unprofitable to run. Worker transfers begin. Aug Sept fall 6 Oct Splash of liquid MIC at plant injures a chemical engineer UCIL applies for extension of its Foreign Collaboration Agreement with UCC through December 1987 so it can continue importing alpha-napthol. Indian government approves UCIL application for renewal of Foreign Collaboration Agreement with UCC, but only to 1 Jan 1985. Leaks of MIC, hydrochloric acid, and chloroform injure 3 workers seriously enough to require brief hospitalization; 15 others less affected are given first aid at plant. Some panic in neighboring shantytown. State inspectors note several violations of normal operating procedures and recommend measures including red tags on equipment that should not be used. Labor unions complain to Madhya Pradesh Ministry of Labor about conditions in plant. Also begin occasional public demonstrations. Madhya Pradesh state labor ministry inspectors inspect plant but they are mechanical engineers with limited competence to assess safety of chemical plants. Labor Ministry officials do enter complaints with courts, but these will not be taken up for some time owing to long list of pending suits. Madhya Pradesh minister of labor says the plant is safe and berates opposition for its worries during question time in a December session of the state legislature. 31 Dec Warren Woomer, the last remaining American employee, leaves Bhopal plant. 7 of 19 1983 Various cost-cutting measures undertaken. Staff morale declines through the year as layoffs and resignations take effect. Experienced workers leave and are replaced by less experienced workers from other units of Bhopal plant or other UCIL plants. Madhya Pradesh State Pollution Control Board requires companies to declare what they are emitting into the air. UCIL declared carbon dioxide only, not the other gasses (including phosgene and MIC) that occasionally leak. Board lacks sufficient inspectors to follow up, even after animals die from drinking water from a stream just outside the plant polluted by fluid runoff from the plant. Sept. fall Dec. Chief of National Pollution Control Board visits plant area while in Bhopal. Orders UCIL to fix flaws in effluent evaporation pond that permit leaks onto adjacent land. UCIL complies. Proposal to salvage investment in Bhopal plant by converting part of it to produce new carbofuran pesticide and supply it to India and other markets are rejected as economically unfeasible by UCC. Jumper pipe connected between pressure valve header and relief valve header on MIC tanks to simplify maintenance. Bhopal plant manager Jagannathan Mukund given UCC safety award for operating 12 months without serious incident. 1984 Bhopal plant operating at 1/5 capacity owing to weak demand. Losses near $4 million since 1980. Successive reductions in personnel mean only 1 supervisor and 6 workers are present on each shift in the MIC unit (company guidelines state that the MIC unit should have 3 supervisors and 12 workers on each shift). Training of supervisors and workers has become less rigorous. April Madhya Pradesh government legalizes the shanty towns that have grown up just outside UCIL plant since 1978 by granting dwellers certificates of ownership of the land they occupy. Bhopal population estimated to be close to 900,000 and the shanty towns are notably larger than they had been in 1981. UCC approves UCIL proposals to write off the alpha-napthol unit, sell rest of Bhopal plant while retaining MIC unit, reduce UCC ownership share of UCIL to 40% so UCIL can be more independent. Neither the UCC share reduction nor the plant sale had been carried out by December. May June or July Bhopal Town Planning Board lists 18 factories as ââ¬Å"obnoxiousâ⬠and therefore to be monitored particularly carefully. UCILââ¬â¢s Bhopal plant was not included on the list. Sept UCIL engineers inspect plant, report to UCIL top management that 1) gas scrubber is functioning poorly, 2) there are poor communication between plant production and maintenance staff, 3) workers lack instruction on what do in event of runaway reaction, 4) safety meetings are held only half as often as specified in company rules. 8 of 19 UCC engineers survey MIC plant in Institute, West Virginia. They report concerns about some aspects of plant operation there and possibility of a runaway reaction in the MIC storage tanks (larger than the tanks installed in the Bhopal plant). Oct UCC considers idea of dismantling Bhopal plant and shipping equipment to Brazil or Indonesia. Asks UCIL to draw up feasibility study and cost estimates. UCIL reports back 29 Nov. Question of what to do is pressing because the plant will have no source of alpha-napthol when UCILââ¬â¢s Foreign Collaboration Agreement with UCC expires on 1 Jan 1985. 7-22 Oct Remaining phosgene and methylamine stocks at Bhopal plant are used up in making a last batch of MIC. 42 tons are put into Tank E610; about 20 tons into Tank E611. UCIL plan is to withdraw it a ton at a time In November and December and react it with alpha-napthol to produce SEVIN. The storage tanks are isolated and the MIC production unit is shut down for maintenance after the batch is finished; MIC unit production workers are assigned to other tasks. 31 Oct Curfew imposed in Bhopal after inter-communal riots sparked by news Sikh guards had assassinated Prime Minister Indira Gandhi. Plant activities curtailed for several weeks because curfew affects ability of second shift to leave work and of third to arrive for work on time are affected. MIC drawn down in small batches. Nov last week of Nov. According to later testimony of plant workers, the position of second-shift maintenance supervisor was eliminated. Dec condition of plant safety systems at start of second shift Safety System vent gas scrubber (uses caustic soda to neutralize toxic gas exhaust from MIC plant and storage tanks before release thru vent stack or flare) flare (burns toxic gasses to neutralize them) Condition on 2 Dec 1984 on standby since MIC not in active production but could be activated b y plant operators in event of need insufficient capacity to burn large volumes of escaping gas; shut down in November for replacement of a corroded pipe; MIC process vents rerouted to the vent gas scrubber while repairs proceed shut down June 1984 and coolant (Freon) drained for use elsewhere in plant refrigeration system (keep MIC at temperatures of 0-5 degrees C (32 to 42 degrees F) where it is less reactive) firewater spray pipes (to control escaping functional but insufficient height to reach gasses, cool over-heated equipment or douse top of vent stack fires) 9 of 19 afety valve between MIC storage tanks and MIC holding tank in SEVIN production area operational; designed to hold MIC in at normal pressures and release it if pressure too high. There are 2 competing versions of events on December 2nd between 9 and 11 pm. The first is preferred by most authors who have studied the events; the second is offered by only a few. *See note at end for more information about the controver sy. Divergent accounts of how water entered Tank E610 Version 1: water-washing of pipes 8-9 pm Second-shift production superintendent orders MIC plant supervisor to flush several pipes running from the phosgene system to the scrubber via the MIC storage tanks. MIC unit workers are in charge of the flushing, but maintenance department is responsible for inserting the slip bind (a solid disk) into pipe above the water washing inlet as plant manual requires. These take 30 minutes-2 hours to install. The MIC unit workers were apparently not aware that installation is a required safety procedure, and slip bind is not installed first. Temperature of MIC in tanks is between 15 and 20 degrees C . 9. 30 Water washing begins. One bleeder valve (overflow device) downstream from the flushing was blocked so water did not come out as it was supposed to. It accumulated in the pipes. A worker shut off the water flow but the plant supervisor ordered that the washing resume. By then water had risen past a leaking isolation valve in the lines being washed and got into the relief valve pipe 20 feet above ground. by 10. 30 pm Water has flowed from the relief valve pipe through the jumper pipe into the process pipe through valves normally kept open. Water gets Water washing proceeded as described but none of the water used for washing traveled far enough down the right pipe to enter Tank E610. Version 2: sabotage 10 of 19 through an open blow-down valve that is part of the nitrogen pressurization system. It is unclear whether the valve had been left open or had failed to fully seal when last closed. Water then flows into tank E610 via a normally-open isolation valve. 10. 30-10. 45 pm Second shift goes off work; third shift comes on. Washing continues after second shift worker briefs third shift worker on progress of the job. around 10. 30 pm A disgruntled worker removes a pressure gauge on a pipe leading to Tank E610 and connects a water hose to the coupler. Water enters Tank E610 Shared account of responses to detection of problems 11 pm Third shift control room operator notices pressure gauge connected to Tank E610 has risen from a reading of about about 2 psi at the start of the shift to 10 psi. This is within the normal 2-25 psi range, so arouses no concern. Control room lacks any reliable way of monitoring tank temperatutre. about 11. 30 pm Workers in area notice MIC smell, see MIC leak near the scrubber. Find MIC and dirty water coming out a branch of the relief valve pipe on the downstream side of the safety valve, away from the tank area. They set up a water spray to neutralize the leaking MIC and inform control room personnel of situation and their actions. They then take their regular tea break, continuing to discuss the situation and what they should do next. 3 December about 12. 15 am Control room operator notices that control room pressure indicator for Tank E610 reads 25-30 psi about 12. 30 am . Control room operator notices that needle on pressure indicator for Tank E610 is pinned to the maximum reading of 55 psi. Control room operator goes out to tank area to check gauges on tank. While in tank area he hears a safety valve pop, hears rumbling in tank, and feels heat emanating from it. Returns to control room to engage the gas vent scrubber. Caustic soda does not flow as it should. A cloud of gas escapes from the scrubber stack. by 12. 40 am Plant supervisor suspends operation of the MIC plant, turns on the in-plant and external toxic gas sirens. External sirens audible in nearby neighborhoods are turned off after about five minutes. Operators turn on the fire water sprayers but water cannot reach the gas cloud forming at the top of the scrubber stack. Efforts to cool Tank E610 with the refrigeration system fail because the Freon had been drained. Gas escapes for about 2 hours. 11 of 19 efore 1 am Plant supervisor realizes that tank E619, the designated spare, is not empty, so workers cannot relieve the pressure in E610 by transferring any MIC to E619. by 1 am gas smell is obvious outside the plant; nearby residents awake at the time or awakened by noise and sm elling the gas odor start fleeing in panic. 1. 30 am Bhopal police chief informed of leak and panic by an on-duty officer who ran to his house; no significant police mobilization follows. about 2. 30 am Bhopal plant external siren for warning the neighborhood is turned on again about 3 am Army engineer units with trucks are mobilized after a retired brigadier general requests help evacuating workers from his factory near the UCIL plant (but not under the strongest gas concentrations). Army unit then expands operations to assist general populace by transporting injured to hospitals and clinics. Some mobilization of city ambulances. Medical personnel hearing of situation head to hospitals and clinics. before 8 am Madhya Pradesh governor orders closure of plant plus arrest of plant manager and 4 other employees. afternoon Head of India Pollution Control Board informed of accident. Efforts to learn details from Madhya Pradesh Pollution Control Board fail because phone calls cannot get through. Phone conversation with UCIL office in New Delhi (also unable to get phone calls through to the plant) provides some information about possible causes. ate afternoon Indian Central Bureau of Investigation takes control of plant and UCIL records there. CBI agents begins interviewing plant supervisors and workers; bar entry by anyone else, including other UCIL employees. Dec Many government offices and businesses in Bhopal closed; dead buried or cremated in accordance with their f amiliesââ¬â¢ religious traditions; initial treatment of injured proceeds 18-19 Dec Under government supervision the MIC still in storage at the UCIL is plant is neutralized by combining with alpha-napthol to make finished pesticides. Local population leaves town as a precaution. 1985 July 1985-98 1994 1998 Madhya Pradesh government rejects UCIL application for renewal of operating license. Plant closed Some work on cleanup of plant site by UCIL. UCC sells its share of UCIL to McLeod Russell (India) Limited. McLeod Russell renames UCIL Eveready Industries India, Ltd. State of Madhya Pradesh takes over plant site from Eveready Industries. 12 of 19 *Note on the two versions of how water reached storage tank 610. Timelines of the alternate possibilities are constructed from the works of several Indian authors who collectively used interviews with plant staff, court depositions by plant staff, interviews with local residents and officials, UCIL executives and UCC technicians, and UCIL or UCC documents obtained during the post-disaster litigation. Most of the detail comes from Paul Srivastava, Bhopal: Anatomy of a Crisis (Cambridge, MA: Ballinger, 1987),and Sanjoy Hazarika, Bhopal: The Lessons of a Tragedy (New Delhi: Penguin Books India Pvt Ltd, 1987), who take different views but are careful to acknowledge areas of uncertainty. The initial exposition of the water-washing explanation was provided in an Indian government report, S. Varadarajan et al. ââ¬Å"Report on Scientific Studies in the Factors Related to Bhopal Toxic Gas Leakage (New Delhi: Council of Scientific and Industrial Research, Dec 1985). The sabotage theory was developed by consulting engineers from Arthur D Little, Inc. commissioned by UCC to investigate the causes. It was publicly laid out in Ashok S. Kalelkar, ââ¬Å"Investigation of Large-Magnitude Incidents: Bhopal as a Case Study,â⬠in I. Chem. E. Symposium Series No. 110 The Institution of Chemical Engineers 1988, p 561. Version 1 in the timeline, favored by local and international trade union representatives, local activists, the Indian government, transnational environmental and consumer organizations, and most technical experts (see Chemical and Engineering News 4 July 1988) is based on known water-washing activities. Proponents of version 2, favored by UCC after its investigators were able to visit the plant in early 1985, point out that the water washing occurred a good distance away from the storage tanks and there is no evidence water ran through the connections from the washing area to the storage tanks. They also point to evidence that the pressure gauge on the pipe leading into Tank 610 was noticed to be missing when tank area was surveyed before 10 am on Dec 3rd and a replacement gauge was installed. The most thorough summary of this version is Themistocles Dââ¬â¢Silva, The Black Box of Bhopal 1993 who does state clearly that he was a UCIL employee ââ¬â though not at the Bhopal plan t ââ¬â in the 1980s. ) Even if sabotage were involved, no commentator thinks the saboteur was trying to cause a catastrophic gas leak; knowledge of safety hazards among the workers was spotty enough that very few of them understood the full effect of introducing water into the MIC storage tanks. The controversy was sharpened in the course of the extremely acrimonious litigation between the Government of India and UCC. UCC first raised the sabotage allegation in 1985 and repeated it in 1988 but never named the suspected saboteur. A worker believing he is the suspect publicly challenged UCC to name the suspect and denied that he had any involvement in sabotage. UCC planned to wait until the trial before the Indian Supreme Court to do so; out-of-court settlement made that unnecessary and it never publicly revealed the full basis of its suspicions. In a FAQ section of its website on Bhopal (www. bhopal. com) Union Carbideââ¬â¢s answer to the question of if there was sabotage why hasnââ¬â¢t the company named anyone, it says that the name is known to Indian enforcement authorities. While a useful way to avoid libel suits, the continuing refusal to provide a name response is interpreted as weakening UCCââ¬â¢s claim by those who reject the sabotage theory. Notice that the contending versions of events between 9 and 11 pm on December 2nd only provide different explanations of how water got into MIC storage tank 610. Everyone who has studied the disaster agrees that the injuries to neighboring residents were caused by an unneutralized cloud of leaked gas that escaped through the vent, and that the reaction producing this cloud was triggered by water contamination. Though the concrete shielding of the storage tanks cracked above Tank 610 (indicating that its temperature 13 of 19 got above 400 degrees F), the tank itself was found to be uncracked when inspected after remaining contents were neutralized and removed in mid-December 1984. There is no substantial disagreement about the conditions of the safety systems that night or on the responses of the supervisors and workers after the small MIC leak was noticed around 11. 30. Nor is there any significant disagreement about the inadequacy of contingency plans for in-plant response and evacuation of neighboring settlements, the poor communication about hazards with city and state authorities, or the insufficiency of warnings to surrounding settlements when the gas cloud formed. Descriptions of the extent and timing of action by city officials, state officials, army units in Bhopal, and national government officials also vary very little; controversy about government response is focused on the adequacy of actions in the days, months, and years following the disaster. 14 of 19 Bhopal Gas Disaster Chronology: Ensuing Litigation 985 March UCC and Government of India investigatory teams conclude independently that runaway chemical reaction causing MIC gas cloud was caused by water getting into Tank 610 Indian Parliament adopts Bhopal Disaster Relief Act making Indian government the sole legal representative for all victims of the Bhopal disaster. US Federal Dist rict Court consolidates all lawsuits pending in US about Bhopal gas leak into one case, Union of India v. Union Carbide Corporation. rest of year Victims and victim advocates complain about lack of effective relief. rest of year UCC stock declines; total stock value of company in December put at approximately $3 billion. UCC sells off assets (mainly petrochemicals and consumer product divisions) for $3. 5 billion and borrows $2. 8 billion to fend off $5. million takeover bid by GAF (General Analine and Film, another specialty chemical maker) 1986 Government of India lawyers and UCC lawyers begin discussion of an out-of-court settlement. Union Carbide proposes a settlement amount of $350 million under arrangements that it estimates will generate a fund for Bhopal victims of between $500-600 million over 20 years. Government rejects this offer as insufficient. Indian and foreign activist groups supporting victims have already publicized their own estimates contending that damages are at least $3 billion if loss of animals, loss of income from inability to work, loss of business in the weeks after the gas release, and related damages are also taken into account. April U. S. Occupational Safety and Health Administration proposed a $1. 4 million fine against Union Carbide Corp, based on results of its September 1985 inspection of five of 18 plant units at Institute, West Virginia. OSHA alleges 221 violations of 55 health and safety laws, listing 72 of the 221 as ââ¬Å"seriousâ⬠(the category for violations creating conditions in which there is substantial probability of death or significant injury. US Federal District Court rules on a preliminary motion in Government of India v. Union Carbide Corporation; invoking forum non conveniens doctrine it determines that trials relating to injuries suffered in the Bhopal disaster should be held in India. March May 5 of 19 Sept. Dec. Government of India proceeds against UCC in District Court in Bhopal, seeking $3 billion in total compensation for 630,000 persons in Bhopal area. Bhopal District court orders UCC to hold $3 billion in unencumbered assets as collateral while lawsuit pending. This to prevent consc ious a run-down of assets, rumors of which were rife in USA and India at the time. UCC offers $50 million, then $80 million in compensation, amounts derived from typical Indian settlements. Amounts widely criticized, viewed as insulting by victim groups, rejected by Government of India. 1987 Jan rest of year 1988 Victim lawsuits continue in Indian courts. State of Madhya Pradesh also files criminal charges against Warren Anderson, then CEO of UCC, and several UCIL executives or plant supervisors for their roles in causing the disaster. 1989 Feb Under prodding by Indian Supreme Court, UCC and Government of India agree to a $470 million settlement of all Bhopal gas leak-related claims. Supreme Court endorses settlement, making it binding on both parties. It also grants immunity against criminal charges arising from the gas leak. The $470 million is paid to the Government of India as sole legal representative of the victims. 36 special courts established in Bhopal to deal with applications for compensation Value of UCC stock rebounds somewhat with news of settlement. UCC CEO Robert Kennedy (replaced Anderson in 1987) completes reorganization of UCC into a holding company with 3 main divisions: chemicals and plastics, industrial products, carbon products. 1990 Oct 2 groups of victims file class action suits in Texas alleging that India failed to represent them adequately because of government agenciesââ¬â¢ ownership of UCIL stock, and therefore did not secure them sufficient compensation. Consistent with 16 of 19 US Court of Appeals upholds US District Court ruling that Bhopal disaster litigation should proceed in India rather than the USA. UCC sells off last petrochemicals and consumer products divisions norms of mutual respect for court decisions, US courts refuse to review the Indian Supreme Courtââ¬â¢s ruling. Nov. Government of Madhya Pradesh submits final list of names of victims to be compensated for injuries suffered in gas leak to Indian Supreme Court. Total deaths attributable to gas exposure put at 3,828. 1991 Oct Indian Supreme Court confirms compensation settlement, issues ruling modifying certain parts of 1989 judgment. These include UCC establishment of a trust fund to support a new hospital in Bhopal to treat victimsââ¬â¢ ongoing health problems and revoking immunities from criminal charges. District Sessions Court in Bhopal reinstates charges of ââ¬Å"culpable manslaughter not amounting to murderâ⬠and lesser charges relating to voluntary infliction of harm against Warren Anderson and 8 UCIL executives or supervisors. 1992 Apr 1993 Mar. NY Times reports that India has paid 700 Bhopal claims; government attributes delay to complexities of verifying the claims given chaotic record keeping at the time. Victim advocates blame on government incompetence. US Supreme Court declines to review federal court decisions in 1990 cases dismissing suits against India. UCC establishes the trust fund. Oct. 1994 Apr Nov Dec Indian Supreme Court approves UCC plans to sell its 50. 9% share of UCIL; proceeds to be given to Trust Fund for hospital in Bhopal. UCC completes sale of UCIL to McLeod Russell (India) Ltd. of Calcutta for approximately $93 million UCC provides initial payment of proceeds into Trust Fund. Ten-Year Impact of Bhopal Disaster on UCC year ending 31 Dec. 1984 total assets $10,518 million capital $7962 million year ending 31 Dec. 1994 $5028 million $2479 million 17 of 19 net sales net income R&D spending employees [from UCC annual reports] $9608 million $323 million $265 million 98,666 $4653 million $379 million $136 million 12,004 1999 Jan 2000 Mar Class action suit, Bano v. Union Carbide Corporation, filed in US Federal Courts by Haseena Bi and other organizations representing residents of Bhopal seeking compensation for gas-leak related injuries and for further harm from exposure to contaminants afterward under US Alien Tort Claims Act. US District Court dismisses Bano case UCC completed payments to Trust Fund, which now totals $100 million. Construction of hospital is complete and physicians and other staff being recruited. Aug 2001 Trust Fund-financed Bhopal Memorial Hospital and Research Centre begins treating patients. 2004 July Indian Supreme Court orders government to release all additional settlement funds to the victims. Indian newspapers reports after all claims were paid there was still about $327 million in the fund because of interest earned while the money was in escrow pending distribution. Indian nationals file Janki Bai Sahu v. Union Carbide Corporation in US Federal District Court. Suit seeks compensation for personal injuries claimed to be result of exposure to contaminated water and remediation work at former UCIL plant after the gas leak. Nov 2005 Apr Indian Supreme Court grants Indian Government Welfare Commission for Bhopal Gas Victims request for an extension of deadline on distribution of remaining funds and extends it to April 30, 2006. Indian newspapers report that approximately $390 million remains in the fund. US Federal District Court dismisses two of the three compensation claims raised in the Janki Bai Sahu case. Dec 18 of 19 2006 Sept Indian newspapers report that the Welfare Commission for Bhopal Gas Victims has completed paying out all claims to listed victims of initial gas leak. The Second Circuit Court of Appeals in New York upholds the dismissal of claims in Bano vs. Union Carbide Corporation. Federal District Court dismisses remaining claim in Janki Bai Sahu case. 2007 Mar A group of Indian citizens files a new class action suit, Jagarnath Sahu et al. v. Union Carbide Corporation and Warren Anderson, seeking compensation for damage to six individual properties allegedly polluted by contaminants from the Bhopal plant, as well as the remediation of property in 16 colonies [squatter settlements] adjoining the plant. Federal Courts issue a stay [suspension] of proceedings pending resolution of appeal in Janki Bai Sahu case as the issues in litigation are so similar. -end- Nov 19 of 19
Free will Essay Example | Topics and Well Written Essays - 500 words
Free will - Essay Example For a human being, true exercise of ââ¬Ëfree willââ¬â¢ is associated with multiple determinants such as physical/causal, psychological, biological and theological, which affect the decision for the ultimate action (Timothy, 2011). Personal, moral and societal constraints may thus affect the true exercise of free will. Free will has also been associated with the concept of moral responsibility for oneââ¬â¢s actions by most philosophersââ¬â¢, who have commented on the topic in history, shifting the onus to the individual being wholly responsible for taking an informed and educated decision when confronted with a peculiar situation or aspect of life (Timothy, 2011). However, there have been contentious issues on understanding the concept of ââ¬Ëfree willââ¬â¢ as philosophers agree, and at the same time disagree on its relationship with determinism (Vargas, 2006). Some philosophers believe that the two are compatible, while othersââ¬â¢ swear to the contrary.
Tuesday, August 13, 2019
Just War Theory Essay Example | Topics and Well Written Essays - 1000 words
Just War Theory - Essay Example Orend observes that a state may also indulge in war for defending its territories to achieve internal and inter-boarder peace. Orend believes that for war to be justified, it must engage use of weapons and be well organized and arranged in advance before strike. Orend defines a just war as an intentional, actual organized and armed attack between aggressors. Just war theory is based on two points of view; classic and contemporary just wars. Schall reports that theorists like the Father Webster and Mr. Cole insist that for a war to qualify as just, it must base on classic concept and should not involve evil actions like fighting the perceived innocent and noncombatant individuals. Father Webster and Mr. Cole believe that a justified war should transpire through certain criteria. The contemporary concept of just war permits armed attack under the claims of self-defense by a country. The contemporary concept of just war recognizes permission granted for coercion to be based on the defen se of the individual state and the collective world. Contemporary concept of just war also proposes international support to the state subjected to attacks by the aggressor. The contemporary concept of just war argues that international community can merge to execute collective defense to a member state facing attack from internal militia who get support from foreign aggressor. The contemporary concept of just war advocates for use of military force in intervening cases that involve serious abuse of human rights (Johnson 33). This argument was passed to be a moral cause of just war waged against the former Iraqi President Saddam Hussein. The contemporary concept of just war further argues that the just war should not be fought in a manner that exempts the attack and harm of the noncombatants. From this argument, the proponents of contemporary concept stood to rebuke the air bombing dropped during the war against Iraq, which harmed many noncombatants (Johnson 34). Contemporary concep t of just war allows the military troops to breach the laws of right conduct in war when overwhelmed by the opponent superior forces (Johnson 35). The Iraqi militia forces when resisting the new Iraqi government employed this principle of just war. The contemporary concept also justifies a war conducted against a state perceived to bear threats to the aggressor and the entire UN. This perception led to the collective synergy of the UN and Bush Administration in conducting disarmament attack against Saddam Hussein. The contemporary concept further argues that any killing conducted during war is wrong and can only be exceptional under sufficient justification. The classic concept argues that provoking just war is permissible to a political community that enjoys peace in its surroundings but faces danger of attack from the aggressors. A responsible political authority is permitted to use armed force as tool perceived to the only mean offering protection to citizens and ensuring peace i n a war threatened state. The classic concept of just war injustice and the threats linked to injustice are the basic moral problems that need to be addressed. The use of force in accomplishing just war is considered harmless under the classic point of view. The classic concept of just war argues that the measure of morality of force depends on the one using it and the reason behind the use of the force (Johnson 36). Classic concept justifies war when based on just cause and the right intention for provoking the war
Monday, August 12, 2019
UK Consumer Protection Law Essay Example | Topics and Well Written Essays - 4000 words
UK Consumer Protection Law - Essay Example This essay will examine these different legal provisions and their application and assess why they may not be effective in securing a cost effective remedy for the consumer, who would likely benefit from arbitration instead, which could involve lower costs. Internet sales are becoming increasingly common, but as discussed further below, the difficulties in establishing and proving a case through the application of the appropriate statutory provisions would make it an expensive process or consumers. The legal conditions pertaining to the sale of goods are governed by the Sale of Goods Act of 1979. Section 14(2) of the Act states that ââ¬Å"where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the Act are of satisfactory qualityâ⬠1 unless existing defects are specifically bought to the buyerââ¬â¢s attention before the purchase or the buyer has the opportunity to examine the goods before purchase. The problems which arise in the case of Internet sales are that it is difficult for consumer to closely examine the goods that they are purchasing first hand; rather there is an implied condition that the goods are in a merchantable condition. On e-commerce websites such as e-ba y, purchasers are generally relying upon what they can see of a product in pictures which are posted on the site and relying upon the descriptions offered by the sellers and there may be little recourse available to remedy defects or deficiencies which are discovered later. In further defining what constitutes a ââ¬Å"satisfactory qualityâ⬠of the goods as defined under the Act, Section 14 (2A) of the Act states that ââ¬Å"for the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods: (a)fitness for the purposes for which goods of the kind in question are commonly supplied (b) appearance and finish (c)freedom from minor defects
Sunday, August 11, 2019
Death how should we think of death and dying Essay
Death how should we think of death and dying - Essay Example He is especially interested in the dark side of life: guilt, death struggling and suffering. So I will argue in favor of Jasper and believe that death should be faced with courage by human as his inner nature is eternal. Death sets a limit on our time in this life, urging us on to do something productive with that time as long as it is ours to use. If one begins to see death as an invisible, but friendly companion on oneââ¬â¢s life journey ââ¬â gently reminding not to wait until tomorrow to do what one mean to do - then one can learn to live life than passing through it. To rejoice at the opportunity of experiencing each new day is to prepare for oneââ¬â¢s ultimate acceptance of death. We must allow death to provide a context of our lives, for in it lays the meaning of life and key to our growth. Jasper mentions death should be faced with courage Death is an integral part of life and is a process which cannot be avoided by any creature on earth. If one is born then he is de stined to die. This is an endless cycle a never ending process. Jasper is right in saying that death should be faced with utmost courage. Death is a hard truth of our life and one who sees death as a suffering or evil indeed is a coward. It is a transitional phase of man and this should be understood by human beings, in order to face it with courage. Everything ordained by our creator should be accepted by us with wholeheartedness. Just like life, death is a reality and should be faced with full acceptance. Generally, it is the misconception and ignorance of people that lead them to think of death as a suffering or evil. It should be understood by human that they are not just a physical being but an entity with transcendence quality. The journey of a human being is not short lived but an endless cycle of birth and death. Jasper does not believe in surrendering to death but embracing it with joy. It should be regarded as an entrance to new phase of life as life is an unending journey . Japer believed that human beings have an inner nature which is eternal. Since his soul is eternal, he should not be feared of death as nothing can kill him. Every man is feared of death Although Jasper is right in suggesting death should be faced with courage, every man on the face of earth fear death. It is a fact that, human being by the very name of death fears and it can be termed as instinctive .It could be his urge to survive and protect himself which has led to the generation of a fearful feeling of death. Many a timeââ¬â¢s practical life is different from theoretical and philosophical life. It might seem easy to articulate theories about death, but in reality when once face death then he is feared utmost. In so far, death means not only a termination, an end but a consummation as well. Death is absolutely universal in human life. Everyone accepts it as natural and obvious that he must die. At the same time, a secret protest and an undistinguishable horror before this en d abides him. In every means, metaphysical anthropology cannot explain this fact. If a man is an immortal being, then why he should be afraid of death. May be it could be the feeling of pain and abandoning his body is the reason for the fear. One could say that death is punishment given to man by God to which make man understand that this material life in not eternal.A man who does not have a spiritual understanding can consider death as evil and unwelcoming. And a fear of death is also a warning to man about
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