Professional Documents
Culture Documents
1.Preface
2.Acknowledgement
3.Contents
4.Introduction
Objectives
Literature review
Methodology :-sources of data
Analysis
Observation
Findings
Recomendation
Future
Conclusion
Research and Bibliography
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Appendix
PREFACE
AS MBA Degree requires equal attention practical as well as theoretical aspect of the business,
various problems are to be dealt with in these courses, that is why research programs are there to
give deep as well as through knowledge of the subjects.
WE have attempted to live up these requisites while preparing this term paper. It is part of
professional courses. With the help of term paper we can able to understand the deep knowledge
about the specific topic assign to us.
During our project work I observed some of the behind the BHOPAL GAS TRAGEDY.
It is hoped that this report meets the given expectations and various requirement of the research.
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INTRODUCTION
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absconding.
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Warren Anderson served as Union Carbide CEO till 1986, when he retired. He lives a life of
luxury in New York
ROLE OF GOVERNMENT
The victims of the Bhopal gas tragedy feel let down even though eight people have been
convicted. A lay person may find it difficult to understand why. The answer lies in a long history
of decisions, which made it impossible for the lower courts to do anything meaningful.
The Supreme Court in 1989 upheld an agreement between the government and Union Carbide
India Ltd, under which only a pittance was to be paid to the affected persons. The settlement
also quashed all criminal proceedings against the accused.
In a subsequent decision in 1991, the apex court set aside that part of the earlier order which had
quashed all criminal proceedings and allowed them to be revived. In a second round of litigation,
the court diluted the charges and the accused were to be tried under section 304A of the Indian
Penal Code (causing death by negligence), not under section 304 Part II (culpable homicide not
amounting to murder, with up to 10 years imprisonment), effectively capping the sentence at two
years.
The gas victims are naturally outraged, let down by the government and the judicial system. The
trial court order has come after 26 years. I am convinced not a single accused will ever go to jail
and the matter will drag on in superior courts for years.
As told to Manish Ranjan.
Colin H. Gonsalves is a Supreme Court advocate and founder, Human Rights Law
Network.Respond at feedback@livemint.com
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NEW DELHI: The Central Bureau of Investigation (CBI) has moved a curative petition in the
Supreme Court challenging the 1996 judgement of the apex court, delivered by the then chief
justice A M Ahmadi, that had diluted the charges against the eight accused in the 1984 Bhopal
gas tragedy .
The Petitioner (CBI) by way of the present Curative Petition is seeking restoration of the
charges of Section 304 Part II of IPC against the Respondents/accused persons which were
quashed by this Honble Court without any consideration of the material placed by the
prosecution at that stage, said agency in its petition settled by Attorney General G E Vahanvati.
It deals with the stringent charge of culpable homicide not amounting to murder, which attracts
maximum punishment of a 10-year jail term. However, due to dilution of the charges, the
accused were tried under section 304A of the IPC, which provides a maximum punishment of
two years of jail.
Categorical evidence has now come to light, which unequivocally points to the commission of
offences under Section 304 Part II of the IPC by the Respondents/accused persons. The accused
persons getting away with minimal charges under Section 304-A, despite categorical evidence
pointing to the commission of offences under Section 304 Part II of the IPC has resulted in a
colossal failure of justice. This failure of justice adversely affects not only the victims in
particular but also the society and the nation as a whole, said petition drafted by advocate
Devadatt Kamat.
It said: The assumption underlying the deletion of the charges under Section 304 Part II of the
IPC breaks down when one takes into consideration the fact that there was structural and
operation defects in the Plant aspects which the Respondents/accused as persons responsible
for running the Plant could not have been said to be oblivious of.
CBI said: This court failed to consider the fact that the Operational Safety Survey Report
conducted by the UCC authorities, which outlined the defects in the plant was also placed on
record and it was specifically submitted that the report was sent to Mr. Warren Anderson and to
Mr. Keshub Mahindra i.e. Accused No. 1 and 2 respectively.
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THE BHOPAL Gas Tragedy is one of the worst disasters in India in which many innocent people
were killed. Till date, many people are being affected with serious infections due to the gas
tragedy.
The incident occurred on December 2 and 3, 1984, just two months after the death of late Prime
Minister Indira Gandhi. In the incident, the deadly poison gas named Methyl Isocyanate with
another mixture of toxins leaked from the Union Carbide factory got exposed to the air due to
which approximately 4500,000 people were affected and nearly 30,000 people died.
Furthermore, autopsies indicated generalised visceral congestion, cerebral edema, and anoxic
brain damage [3]. Interestingly, forced expiratory flow between 25-75% of forced vital capacity
(FEF257596 of FVC) declined progressively during the 2 years period of observation, as did
FVC [15,16]. Bronchoalveolar lavage (BAL) analysis carried out 1-2.5 year after exposure to the
'toxic gas' at Bhopal by Vijayan et al. [17-18] indicate that there was an increase in cellularity in
the lower respiratory tract (alveolitis) of the severely exposed patients (in both smokers and nonsmokers). The increase in cellularity was due to abnormal accumulation of macrophages in
severely exposed non-smokers while in severely exposed smokers, it was due to macrophages
and neutrophils. In Bhopal victims, the vital capacity was low in the majority of subjects.
Although the diffusion tests could be performed, the clinical, functional and radiological
observations suggest that these subjects had a picture of acute extrinsic allergic bronchioloalveolitis due to exposure, which has gone into the chronic phase of the pathogenesis [19].
Twenty years after the gas disaster, menstrual abnormalities, vaginal discharge and premature
menopause have emerged as common problems among Bhopal MIC exposed women and their
female offspring/girl children. Besides affecting the reproductive health of the women, these
conditions are also leading to social problems in conservative communities. Maternal-fetal,
gynaecological effects have been illustrated through retrospective cohort studies. Clinicians at
Bhopal have observed that now the girls who were exposed during their infancy and those in
their mother's womb are experiencing 'menstrual chaos' [28]. During an early recovery phase, a
comparative survey was undertaken to explicate the effect of exposure to the toxic gas in
pregnant women both in exposed and unexposed area in Bhopal. A high incidence of
spontaneous miscarriages (24.2%) in the pregnant women exposed to the toxic gas was observed
as compared to those in the control (unexposed) area (5.6%). Other indices of adverse
reproductive outcome, such as the rate of stillbirth and congenital malformations were not found
to be different. The perinatal and neonatal mortalities were significantly higher in the affected
area (6.9 and 6.1%, respectively), as compared to the control area (5.0 and 4.5%, respectively)
[14]. The final technical report of ICMR [2] has also reported high miscarriage rates in the initial
years after the disaster in addition to the increased menstrual irregularities and excessive
bleeding among gas-exposed inhabitants. This pattern has been attributed to "postdisaster
trauma". Unfortunately, it is reported that several of these women had episodes of miscarriages
later on, and many could not conceive at all. Shilotri et al. [29], observed a relatively higher
incidence of abnormal uterine bleeding and abnormal pap smears amongst exposed women 15
weeks after the exposure. An anthropometric study on exposed adolescents, carried out almost
sixteen years after the disaster, revealed that there was a selective retardation in boys, but not in
girls, who had been exposed to MIC during their toddler age or those born to exposed parents
Toxico-genomic effects
In an initial study by Goswami [36], it was observed that sister-chromatid exchanges (SCE)
frequency in lymphocytes were found to be increased more than three times in MIC-exposed
persons [36]. Chromosomal breaks were also observed in 10 out of 14 affected people (71.4%)
studied, while only 6 out of 28 (21.4%) controls showed chromosomal breaks. Even chromatin
bodies were observed in addition to the normal 46 chromosomes among some of the survivors.
In another study, Goswami et al. [37], have formulated a chromosomal profile for 154 persons
studied during 1986-1988. The exposed subjects developed at least two categories of
chromosomal aberration, out of which Robertsonian translocation was repeatedly observed,
mostly in acrocentric chromosomes 13 and 21 [37]. Such observations are suggestive of potential
DNA damage by MIC. It is known that at least 50% of the subjects possessing such serious
chromosomal abnormalities may have pathological implications such as tumors, recurrent
miscarriage or transmission of defects to their offspring. A unique study conducted in 1990
clearly establishes genetic link of cancer patterns among gas victims of the tragedy with MIC
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exposure [38]. Such studies were not conducted during the late recovery phase that would have
helped identify people with chromosomal aberrations and at high risk of developing cancer.
CURRENT SITUATION
BHOPAL: Eighty-year-old Maqsuda Bi still comes and stands outside the welfare
commissioner's office, asking to be compensated like other victims of the deadly
methylisocynate gas that swirled through this erstwhile city of nawabs 25 years ago, killing an
estimated 20,000 people and maiming 5,69,160.
''I have all the relevant papers including my ration card and doctors' prescriptions. Everyone in
my family, including my grandchildren, have got compensation. Why have I been ignored?'' she
asks. The ''compensation'', of course, was so paltry that it had led to a fresh round of litigations.
''I was with my family that night in our house in Ashoka Garden. My husband's lungs were badly
damaged and he was bed-ridden for 10 years coughing blood. He died in 1995. I am still fighting
for my due,'' she told TOI. Badli Bai (50) of Rajendra Nagar has a similar story. Her file was lost
from the settlement court. She has the documents to prove herself a victim. The doctors certified
that her lungs were damaged. She received interim relief of Rs 200 per month after the gas leak,
but not a paisa after that.
''I am diseased. No gas victim stays healthy. We all suffer from numerous ailments. I need the
money to buy medicines. Hospitals won't treat me for free unless I am a confirmed gas victim.
The only proof of this is if one gets compensation. But the court says my file is lost,'' Badli Bai
says. While there are more than 40 cases regarding non-payment of compensation to victims
before the high court since 2004, victims' NGOs are still filing petitions arguing that the
recompense was insufficient and delayed.
''The Centre got into a settlement with the Union Carbide Corporation, USA, without the victims'
consent,'' said Hamida Bi, a gas victim and activist. ''Carbide paid Rs 713 crore (at 1989 prices)
on the assumption that only 3,000 persons had died and 1,05,000 were injured. The actual figure
is five times more. The government admitted that 4,69,367 victims were kept out of the
settlement.
"The compensation amount that was to be distributed among 1,08,000 persons has now been
disbursed among 15,200 dead and 5,69,160 injured. The average compensation works out to Rs
12,410 per victim at the 1989 value of the rupee. Compared to this, the US government paid an
average of $1.8 million per victim of 9/11,'' she adds.
''Those who died that night were fortunate,'' said Husna Bano of Aish Bagh, adding, ''The gas
leak left us like walking corpses. I had a seven kg fibroid in my stomach which left the doctors
researching on the after-effects of MIC. I do some stitching work to run the family. If I earn Rs
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Litrature Review
1.BHOPAL GAS DISASTERS AN INDUSTRIAL CATASTROPHE
Sakshi Parasar(2010)
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Author Sakshi parasar observed that since 26 years have passed but the worlds worst industrial
catastrophe BHOPAL GAS disasters repercussions of the day still continue to haunt not only the
victims but also our country. Victims are still struggling for justice while their wait for justice
seems to be never ending. On 7th June 2010, Chief Judicial Magistrate gave the verdict and
convicted all the eight accused in the 1984 BHOPAL GAS TRAGEDY.The major question arises
whether the justice has been done or not?
2.BHOPAL GAS DISASTERS OR SUPREME COURT DISASTER
This article Bhopal Gas Disasters or Supreme Court Disasterthe author(anonymous 2007) tries
to bring its focus on the existing loopholes and the reasons behind the fact that even after passage
of such long time the justice is not done, still the victims are in pain and suffering.
3THE BHOPAL GAS TRAGEDY 1984 TO ?THE EVASION OF CORPORATE
RESPOSIBILITY
In this art article THE BHOPAL GAS TRAGEDY 1984 TO ?THE EVASION OF
CORPORATE RESPOSIBILITY the author{anonymous} describes the inadequacies in the
response of the Union Carbide Corporation to the accidental release of the highly toxic gas,
methyl isocyanate, from its plant in Bhopal, India in 1984. Over 20,000 people are estimated to
have died from exposure to this gas since 1984, with some 120,000 chronically ill survivors.
Union Carbide fought to avoid compensation or to keep it very low. The long, much delayed
process of distributing compensation focused on minimizing payouts to victims. The corporation
tried to blame the accident on a disgruntled employee, whereas key parts of the safety equipment
designed to stop the escape of the gas were not functioning or were turned off. The corporation
has always sought to underplay the health effects and has refused to release its research on the
health impacts of the gas (which could have helped develop more effective treatment). In
addition, the medical services in Bhopal have failed to develop a health care service that offers
sustained relief and treatment to the communities most affected. This paper also describes the
work of the Sambhavna Trust, a charitable body set up to work with the survivors, and its
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programme to develop simple, more effective, ethical and participatory ways of carrying out
research, monitoring and treatment. Its programmes combine traditional and western systems for
health care and it ensures that individuals and communities are actively involved in all aspects of
public health.describes the inadequacies in the response of the Union Carbide Corporation to the
accidental release of the highly toxic gas, methyl isocyanate, from its plant in Bhopal, India in
1984. Over 20,000 people are estimated to have died from exposure to this gas since 1984, with
some 120,000 chronically ill survivors. Union Carbide fought to avoid compensation or to keep
it very low. The long, much delayed process of distributing compensation focused on minimizing
payouts to victims. The corporation tried to blame the accident on a disgruntled employee,
whereas key parts of the safety equipment designed to stop the escape of the gas were not
functioning or were turned off. The corporation has always sought to underplay the health effects
and has refused to release its research on the health impacts of the gas (which could have helped
develop more effective treatment). In addition, the medical services in Bhopal have failed to
develop a health care service that offers sustained relief and treatment to the communities most
affected. This paper also describes the work of the Sambhavna Trust, a charitable body set up to
work with the survivors, and its programme to develop simple, more effective, ethical and
participatory ways of carrying out research, monitoring and treatment. Its programmes combine
traditional and western systems for health care and it ensures that individuals and communities
are actively involved in all aspects of public health..
unaffected population. The pesticide plant from where the gas leaked belonged to Union
Carbide India, a subsidiary of the US-based Union Carbide Company. They were asked to
pay compensation and arrange for medical treatment Another dimension of the ongoing
tragedy of Bhopal is the poisonous chemical waste lying around in the abandoned premises
of the pesticide plant. Several committees have inspected it and found 44,000 kgs of tarry
residues and 25,000 kgs of alpha naphthol lying in the open since 1984. Various studies
have established that the soil, ground water, vegetables and even breast milk have traces of
toxic chemicals.
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Author of the says that the 1984 Bhopal gas disaster involved a catastrophic failure at Union Carbide
Corporation (UCC), pesticide manufacturing plant at Bhopal. India. Over 15,000 people died, and
500,000 injured in the accident. The disaster occurred due to lack of safety measures and inferior
technology at the plant. The aftermath of the disaster was improperly handled by the management of
UCC as well as Dow Chemical after its takeover. Indian government officials also failed to provide
adequate compensation and relief and rehabilitation to the victims. It had been the source of ongoing
legal battles in both India and the U.S. Dow being financially sound could have dealt the case on much
humanitarian ground but it denied to take any liability and responsibility of the disaster .This case study
narrates the management and governmental failures towards the victim and asks for proper CSR
approach towards them.
METHODOLOGY
The word Methodology spells the meaning itself i.e. the method used by the researches
in obtaining information. The data (Information can be collected from the Primary sources and
Secondary sources.)
Data collection methodPage 17 of 28
it is just possible that the secondary data may be unsuitable or may be inadequate
ANALYSIS
Around 1 a.m. on Monday, the 3rd of December, 1984, in a densely populated region in the
city of Bhopal, Central India, a poisonous vapor burst from the tall stacks of the Union
Carbide pesticide plant. This vapor was a highly toxic cloud of methyl isocyanate. Of the
800,000 people living in Bhopal at the time, 2,000 died immediately, and as many as
300,000 were injured. In addition, about 7,000 animals were injured, of which about one
thousand were killed. After the incident, over the next few years, numerous studies were
conducted, many theories were explored, and the involved parties accused each other. In this
paper, I will try to explore the various causes offered for the tragedy. In the course of my
research for this case study, I came across many articles that put blame on various people
and groups involved in the tragedy. I found , no proper case study of the Bhopal gas disaster
has been made to draw lessons for future contingency planning to deal with similar disaster
It goes to the credit of the authorities of Madhya Pradesh and the Government of
India and
of Rajiv Gandhi, who had just then taken over as the Prime Minister, that without any previous
experience of dealing with that kind of situation, they rose to the occasion and did whatever they
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could to save lives at tremendous risk to themselves. Despite their praise-worthy efforts, over
3500 people died---- as many as during the 9/11 terrorist strikes in the US.
It also goes to the credit of Rajiv Gandhi that he realized the importance of contingency
planning to deal with similar disasters in future and set up a special cell in the Ministry of Home
Affairs for this purpose. This cell allegedly stopped functioning after he left office as the PM in
1989. Contingency planning for disaster management started receiving the attention it deserved
only after 9/11
Observation
Through this term paper i observed that since 26 years have passed but still the victims have not
got the justice and the verdict of a trial court in Bhopal is nothing but a cruel mockery.
Gvernment of India as well as the Government of US were not very much concerned about the
justice of the victims and giving punishment to the 7 culprtits.
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US President Barack Obama was also not very much interested in closing the chapter of this
tragedy by giving jail to the culprits because recently he came INDIA but he did not felt
important to visit the victims of this tragedy but before this when he visited INDIA he meet the
victims of the MUMBAI ATTACK and stayed their and this shows the negligence of Mr.Barack
Obama.
I observed that the people of Bhopal still not forget those dreaded tragedy but they still each and
every painful experience of the tragedy and the main reason that why they wont forget the
Bhopal tragedy because every day a new baby born with a new ailment or disease which reminds
the people of Bhopal that horror night.
Still the victims have some hope that a day would come when they would get justice and the soul
of dead victims will get satisfaction
FINDINGS
About two and half decades have elapsed since the incident and much remains to be done to
evaluate the toxic effects of MIC using experimental modalities in a comprehensive manner. The
global scientific community considers the exposure and toxicity assessment incomplete [39].
Similar thoughts have been voiced by international groups who have advocated investigations on
the toxicogenomic effects of MIC using cutting edge technologies [3-4,7-8,11,40]. The
importance of such experimental studies cannot be understated since any alterations at genomic
and/
or epigenetic level can have long term health consequences that may range from accelerated
ageing, carcinogenesis, immuno-compromised states and, more importantly, vertical
transmission of genetic aberrations.
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Redcomendation
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More than 25 years after the infamous Bhopal gas disaster, the verdict of a trial court in Bhopal
is nothing but a cruel mockery of justice. With charges already diluted by the Supreme Court of
India, the June 7 trial court verdict could only be a formal burial of justice. Not only does the
verdict insult the victims of one of the worlds worst industrial disasters by letting off, either
scot-free or with a ridiculously light sentence, the mighty CEOs who were the chief perpetrators,
it amounts to an assurance to multinational corporations that they will enjoy total impunity in
India even when their negligence and violations of regulations leads to the loss of thousands of
Indian lives and injury to several thousand more. The government not to rush with the crucial
legislation. In light of bitter experience of Bhopal, the government should reconsider the nuclear
bill seriously. More than 25 years later, nothing much has changed. Even today, the Congress-led
UPA government is busy shielding Union Carbide and its successor Dow Chemicals, while
shedding crocodile tears for the victims of these companies, who are denied justice as well as
clean up and compensation. Moreover, it is further seeking to send suitable signals of
submissiveness and sell-out to US multinational corporations by pushing the Nuclear Liability
Bill which will institutionalise the impunity that Carbide-Dow have enjoyed in the Bhopal case,
by protecting US reactor supplier firms in advance from any responsibilities towards
compensation or clean up in the event of any disaster. The GoM recommendations are also silent
on the prevention of future Bhopals: they ignore the protection offered to future corporate
offenders by the Nuclear Liability bill.
If justice is to be served, what we need and must demand is an independent and time-bound
probe to fix culpability for the escape of Warren Anderson, and for subsequent attempts to
absolve Dow Chemicals of responsibility. Dow must be made to pay for cleaning up the polluted
sites and for medical care of the victims and must be blacklisted forthwith, the Nuclear Liability
Bill must be scrapped, and Bhopal victims must be guaranteed not only comprehensive
compensation and clean up, but also justice. Only these measures can ensure that the tragedy of
Bhopal and its shameful consequences are never repeated on Indian soil!
The US government should accept the submission of the government of India that the
corporation and its subsidiaries are treated as a unit, without regard to the location of
responsibility within that unit.
The US government must take note of the verdict by the Chief Judicial Magistrate, Bhopal,
Madhya Pradesh, and in the interest of justice for the Bhopal victims, the US government should
expedite the process of extraditing Warren Anderson at the earliest
In memory of victims of Bhopal, US and Indian governments should call for a mandatory regime
for regulating transnational corporations unlike UNs voluntary Global Compact and reject the
report of the United Nations Secretary-Generals Special Representative for Business and Human
Rights wherein it underlined the need for voluntary regulation and self-compliance by the
companies saying, While corporations may be considered `organs of society', they are
specialized economic organs, not democratic public interest institutions."
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Future perspective
The Bhopal gas tragedy is undoubtedly one of the worst industrial disasters in the history of
mankind. The incident triggered interest from industry, academia, and legislature, and is widely
acknowledged as one of the defining events in the history of process safety. India has been
experiencing rapid industrialisation with gross domestic product (GDP) per capita going up to
US$ 2900 in 2004 and the economy continues to grow at over 7-8% every year. Rapid industrial
growth has contributed immensely to the economic growth but there has been significant cost in
the form of environmental degradation and increased public health risks. Increasing awareness of
potential exposures to exogenous non-biological agents arising out of human activity will
become an important issue for this century. These exposures and their consequences generate
many questions like health safety, safety of progeny, issues on compensation and punishments
and so on. Although accidents involving MIC or an accident of similar magnitude may or may
not recur, but for a country like ours which is fraught with human, environmental and
economical perils, dissecting out the long standing effects of the disaster will be of immense
value and significance while encountering future chemical disasters. Although there has been an
international consensus on the fact that the nature, severity of damage and sufferings in the
survivors of the accident are of superlative order, attempts at understanding the persistence of
long standing effects are lagging from both academia and industry. The study of human aspect of
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the tragedy had perhaps lagged behind and there has been lack in strategic planning to
institutionalise studies on the long-term health consequences of the tragedy. Investigations
conducted so far have also raised a new question of for how long the gas victims would continue
to suffer from multi system disorders and whether their forthcoming generations would also be
affected by these abnormalities. In-depth molecular studies of ocular, respiratory, reproductive,
immunological, genetic and psychological health must be continued if we wish to understand the
extent and severity of long term effects associated with the disaster. To cover up the inadequacies
in medical care, the authors strongly suggest the necessity for long-term monitoring of the
affected community and use of appropriate methods of investigation that include well- LAST
SBMSSNdesigned cohort studies for such conditions, characterisation of personal exposure and
accident analysis to determine the possible components of toxic cloud as the investigators have
noted several clinical and epidemiological inadequacies, including poor study design, bias and
inaccurate exposure classification. Studies aimed at understanding increasing morbidity of MIC
exposure carried out on cultured cellular model systems will provide a framework of
understanding the potential mechanism of toxicity of a host of other exposures and may also
uncover unique abnormalities in the survivors thereby stimulating efforts to design newer and
more effective diagnostic and therapeutic strategies for helping the survivors. While it is most
unfortunate that the accident has occurred, this has opened up an immense opportunity to learn
about adverse effects of MIC. In fact, the ramifications of such findings would aid in shaping
strategies for preventive management of future industrial disasters and refining risks that
mankind faces from chemicals and other environmental hazards.
Conclusion
In-depth molecular studies of ocular, respiratory, reproductive, immunological, genetic and
psychological health carried out so far have helped to understand the extent and severity of long
term effects associated with the disaster.
Long-term monitoring of the affected community and use of appropriate methods of
investigation that include well-designed cohort studies for such conditions, characterization of
personal exposure and accident analysis have helped to determine several clinical and
epidemiological inadequacies, including poor study design, bias and inaccurate exposure
classification of studies conducted previously on victims of the tragedy.
Studies aimed at understanding increasing morbidity of MIC exposure carried out on human
cultured cellular model systems have provided a framework of understanding the potential
mechanism of toxicity of a host of other exposures and that might uncover unique abnormalities
in the survivors thereby stimulating efforts to design newer and more effective diagnostic and
therapeutic strategies for helping the survivors.
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THANKS....!!!
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