Has the guardian of public safety, been found wanting?

 

In the annals of industrial disasters, two names stand out starkly: Bhopal, in 1984, and Chernobyl just two years later. Both tragedies share a grim commonality in corporate negligence and governmental oversight.

A third name – Putra Heights – could have easily gone into the history books in much the same way. In truth, only the hand of the Almighty prevented it. But that does not mean this country should not strive to learn lessons from it.

Corporate, criminal liability

In 1984, Union Carbide’s pesticide plant in Bhopal stumbled disastrously, releasing a toxic cloud of methyl isocyanate that enveloped the city. The aftermath was a nightmare: over half a million people were exposed, thousands dead, and countless lives shattered.

The Indian courts, in a rare moment of clarity, convicted several of the company’s employees for “death by negligence”. The American CEO, however, escaped. Charged with manslaughter, he turned out to be an elusive villain, absconding and never returning to face justice in a court of law.

In Ukraine two years later, the Chernobyl disaster was the scene of a catastrophic nuclear accident. An explosion and the subsequent fire released massive amounts of radioactive material into the atmosphere, affecting millions, not just in the city but across Europe.

The Soviet government’s initial secrecy and delayed response exacerbated the disaster’s impact, highlighting the critical need for transparency and swift action in crisis management. It serves as a stark reminder of the devastating consequences of governmental and corporate failures in ensuring safety and accountability.

Putra Heights on the second day of Aidilfitri could have been just as disastrous. Was it a governmental, corporate or individual misstep that led to the gas leak? Was there negligence? If yes, those responsible should face criminal charges.

Governmental liability?

The local, state and federal governments are the guardians of public safety. Have they been found wanting in the exercise of their sacred responsibility?

In Bhopal, the Indian government was lambasted for its inadequate supervision, delayed response, and paltry compensation. A US$470 million settlement, accepted on behalf of the victims, was labelled a mere drop in the ocean of the victims’ suffering.

Putrajaya’s response to the Putra Heights incident, which has left many injured physically and emotionally, destroyed homes, and damaged vehicles as well as personal property, is bound to come under the microscope.

An immediate and thorough investigation by a Royal Commission of Inquiry (RCI) comprising experts and environmentalists is warranted. This RCI must dissect the failures of governmental agencies and recommend robust measures to prevent future disasters.

Legal, policy reforms

Despite its horrors, the Bhopal tragedy spurred significant legal reforms in India.

The government amended various statutes to impose corporate responsibility on directors, ensuring due diligence in safety measures. These reforms were aimed at preventing similar disasters by holding corporations accountable.

In response to the Putra Heights incident, a statutory tribunal must be set up, with experts appointed to assess and expedite payment of compensation to all victims. At the same time, the proposed RCI must advocate for legal amendments akin to those in India, focused on social justice and public protection.

The legal industry and human rights NGOs can also play their part by championing the cause of the victims.

Ultimately, Putrajaya can learn many lessons from the Bhopal tragedy.

On top of fair compensation and the implementation of stringent safety measures, the government must ensure that it acts as a vigilant guardian of public welfare while making sure that corporations prioritise public safety over profit.

Only then can we hope to prevent such tragedies from casting their dark shadows over our lives again.

That Putra Heights was not the disaster it could have been was not the result of human design but purely through the mercy of the ever-benevolent Almighty. It’s a second chance Malaysia may not deserve but cannot afford not to take. - FMT

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.