Madras HC dumps Dow Chemicals' plea

10 Jul 2009

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The Madras High Court has rejected a plea by US chemical giant Dow Chemicals, the current owner of Union Carbide, seeking to restrain organisations representing victims of 1984 Bhopal gas tragedy from "obstructing the company from functioning smoothly."

The high court held that a multinational firm cannot claim any "extra legal rights" and that their businesses are also subject to Indian laws.

A bench of Justice K Chandru on Thursday dismissed the company's application seeking various kinds of relief, which, he said, was "misconceived and devoid of merit."

"MNCs cannot claim any extra legal rights over the Indian people," he said.

Barring a protest on 10 February, the company was unable to cite any other incident, Justice Chandru observed, adding that the court would have to see whether the company had a prima facie case.

He also noted that all six organisations fighting for the Bhopal gas victims' rights except the International Campaign for Justice in Bhopal (ICJIB) are based outside the state.

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