The SUM of all things!

Representative Image

Odisha is still in mourning over the fire tragedy that raged through SUM Hospital at Bhubaneswar in the evening of 17th October 2016. A total of twenty-one individuals, many of them patients, asphyxiated to their deaths, while 100 others were left injured (including hospital staff) in the blaze. According to Odisha Television, a local media channel, 40 patients were in critical condition and were thus admitted in different hospitals in the city.

However, what was more shocking and apparently shook the national conscience was the revelation that SUM was functioning without adhering to any fire safety norms. The Department of Medical Education and Training (DMET), in its FIR with the Khandagiri police station stated, “As there were no effective and reliable fire fighting and fire controlling measures, the fire that originated in the Dialysis Unit of the hospital on October 17 night at about 7 pm, rapidly spread to other areas including the intensive care unit (ICU) affecting critical patients admitted therein as well as endangering the staff and the attendants of the patients there.” Further, the hospital was charged with having an unclear and ambiguous evacuation plan or disaster response procedure. This delayed the evacuation of patients and others, adding considerably to the death toll. Taking a cue from this, investigations by National Human Rights Commission unveiled that only three hospitals of the 568 in and around the cities of Cuttack, Bhubaneswar, and Puri have fire safety clearance. Thus the scope of responsibility in the last seventy-two hours has shifted from the hospitals to the state government. It’s a matter of concern that despite these mandatory compliance violations, hospitals function and do business in the State.

A quick comment on the possible incompetence of the State Government should be avoided. The Govt. of Odisha led by Chief Minister Naveen Patnaik had earned laurels from numerous quarters for the preventive steps undertaken towards a “zero loss to life” approach, while bracing up to meet the very severe cyclone Phailin in October 2013. In fact, Margareta Wahlstrom, Special Representative of the UN Secretary-General for Disaster Risk Reduction, stated that Odisha’s handling of the very severe cyclone was a “landmark success story in disaster management” and “a successful case study globally.” She applauded the efforts of the state administrative machinery stating, “We are very impressed. We have plans to use it as a model for other cities and countries to follow as part of our global efforts on disaster risk reduction.”

Hence, to answer this apparent lack of preventive foresight on part of the State Government, and its alleged implied support to this audacious criminal negligence on part of hospitals situated in the State, one has to revisit the 1980s when the country was shocked with a disaster of greater magnitude in such a night at Bhopal, where thousands died a terrible death, with many being crippled for life. Many of these survivors are still struggling to move on in their lives, get a respectable compensatory relief while preserving their dignity. More importantly, the sequence of events is startlingly similar to the accident in Odisha.

To refresh one’s memory on the reason for the accident in Bhopal, it is sufficient to say that thanks to the low demand of sevin (the pesticide), the Union Carbide India Limited  ( a subsidiary of Union Carbide Corporation), had become financially sick. In keeping with the corporate tradition marked by blatant capitalism, Union Carbide engaged in savage cost cutting to give the plant a new life. And the axe fell on the cold storage plants, whose capacity was reduced significantly, despite warnings from local journalists like Mr. Rajkumar Keswani. In their book It was half past midnight at Bhopal, the authors Dominique Lapierre and Javier Moro minced no words in describing the utter state of neglect prevalent in the plant. The plant management could not even meet the minimum safety requirements recommended by its own inspection teams. The Methyl Isocyanides (MIC) plant was so corroded that it should have been dismantled. So, it’s not surprising that on 2nd December 1984 the plant blew up with water entering the MIC plant. And as they say, the rest was history, here of pain and death under a shroud of toxic fumes that enveloped the city of Bhopal. Three decades later, cost cutting proved costly for those patients and staff in SUM Hospital.

Many scholars, lawyers, and legislators have since then attempted to uncover the mindset of Union Carbide that allowed this disaster to unveil itself when every sign of its arrival was frequently observed. Especially, when the reports of the many Govt. constituted Committees of Enquiry were ignored, many have actually indicated a connivance of the then Madhya Pradesh State Government and the then Central Government with the company in heralding this dance of destruction and in subsequent robbery of dignity for the victims. E.g. The Madras Institute of Development Studies believed this to be “an outrage on civilization caused by the criminal negligence of profit seekers”, and demanded from the Govt. of India to undertake a review of safety arrangements in all hazardous plants and processes as well as legislate and enforce stringent corrective measures speedily. The Institute went as far as to say that “it is the duty of the democratic government to protect the fundamental rights of life and property of people. Dereliction of that duty is a war of the state on its own people”.

How did the State become a party to this “war,” then in Bhopal and now in Odisha (and also many other cities in India)? The answer to this can be found in the observations of the T.S.R Subramanian Committee, appointed by the Govt. of India to review the environmental laws. According to the committee, the problem lies not in the legislations, but in the “operative instructions”. Further, the existing punitive provisions of the laws are not sufficient to act as a deterrent to those violating environmental and safety procedures. More importantly, the report stated explicitly, what was, in fact, common knowledge, that those liable for clearing these perilous projects depend on information provided by the project proponents, truly a self-defeating exercise. The so-called “inspectors” sent regularly for a sortie by various boards/departments, depend entirely on the data provided by the organizations themselves. Wherein lies the authenticity? And how believable and valid are those licenses granted to the organizations? Is it surprising then that SUM could get a renewal of license despite non-compliance with fire safety norms? Only when there occurs a disaster, small or major, does the law kick in. And as a country, we excel in reacting.

I believe that such sorry state of affairs exists because we have been conditioned to embrace our third world country status by powers within and without. There is a continuous reinforcement that we are inhabitants of a nation ravaged by wants. Thus beings such as us are expected to accept the provided service or product, however, mediocre and ineffective, irrespective of the costs it imposes on human dignity and rights.  Thus beings such as us are expected to celebrate the benefit once received, preferably for lifetime, and stay loyal, even at the cost of one’s life . Hence it’s no surprise that Union Carbide denied modern safety measures to Bhopal, nay Indian, citizens, such as computerized pressure and temperature sensing system, which were present in a West Virginia sister plant. Similarly, Union Carbide believed that to store MIC for months in the Bhopal plant is absolutely non-controversial, while in the American plant it could be stored for only fifteen days. Is it surprising then that in the current case, highly educated individuals like doctors (many) are intentionally and unintentionally diverting the debate on compliance, towards the service that they provide? After all, they are the first citizens of the third world!

What next? I will refrain from discussing the legal aftermath of Bhopal tragedy, for it reads like politics with pain. It should suffice to echo many scholars, who state that the settlement ‘award’ was as calamitous as the Bhopal gas leak itself. I can very well foresee the pain of the kin of the victims in this case. I can already sense their dissatisfaction, running to the courts, bearing severe compromises to their dignity (as such it’s not easy receiving money from someone), and wondering when and if justice will ever be served. Some will perish, some will persevere.

The Odisha fire tragedy, which involves a business house, is significant, for it’s arguably the first major fire tragedy under a new regime at the Center, which is promoting schemes like Make in India, Startup India etc. Even the CM of Odisha is hoping for a substantial investment in his State. While the benefit of these schemes to the Nation goes unchallenged philosophically, yet sufficient thought needs to be given on how the organizations mushrooming through these, are compliant with existing laws and directives. Organizations must appreciate that compliance makes them good corporate citizens, which is sometimes more important than their product and services, encouraging a sustainable brand value. Ease of business is not a license for easy business, especially when it’s connected to human lives.

Last night, I saw a few news clippings being circulated with screaming news lines like, “Over 700 patients visit SUM hospital despite fire tragedy”. In fact, many individuals are using this to establish that SUM’s reputation is far from being diminished. I will like to leave them with a thought. Ever wondered why women still use Uber despite the many reported sexual assaults? Ever wondered why people still consume Maggi noodles despite doubts of lead contamination? Ever used Eveready batteries? Ever wondered what was the previous avatar of the organization producing these batteries? It was the Union Carbide India Limited, the very same instrument of death on that cold night in Bhopal. Welcome to the Third World, where choices are limited, grief is suppressed, and one fights to be the fittest. Life goes on!

[References for mentioned instances will be provided on request]