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                The Steve Hall column    Beneath the Surface

For decades the ethnographic method has been one of the sharpest tools in the criminologist's box. What better way to find out exactly what criminals do, why (they think) they do it and what the local cultural and material contexts in which they operate look like and feel like? Statistics present only the broadest and indeed most unreliable picture; victim surveys do what they say on the tin – survey only the victim's perspective; and hanging around Crown Courts asking criminals to fill in questionnaires is one the most fruitless activities I can think of.

Since the early days of the Chicago School of Sociology, in the first quarter of the twentieth century, the ethnographic method, taken from anthropology into sociology and criminology, has provided us with what anthropologist Clifford Geertz called the 'thick description' without which we can't even begin to analyse cultural meanings and motivations. Here we see the nuances of desire, meaning and human relations in operation in their everyday contexts. We also need to understand how these nuances are embedded in broader structural and ideological contexts, but that's another issue; without this rich data, we have little – we might even say nothing – to go on. So why is it that this vital method is getting more difficult to use within criminological research?

Part of the answer lies in the rise to power of Institutional Review Boards in US universities and Ethics Committees in Europe.

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Zed – a dead-end meet leading to nought

The Dog and Whistle is Zed’s almost-local. He uses the pub quite often but lives nowhere near it, and when he does visit, he never buys a drink. I sit at the bar nursing a pint, trying in vain to look mysterious and threatening. There’s a group of shady-looking young lads crowded around the bandit. One of them is inserting a steady stream of pound coins, and he becomes increasingly animated as the machine fails to yield any reward. His face is flushed and he’s swearing and banging into the machine. The heavily made-up barmaid tuts before turning on her heel and heading off to the back of the pub. There are two old geezers sitting at a table close to the bar and another group of young lads sitting at a table by the door. There is no roaring trade at the Dog and Whistle today, and it’s not hard to see why. The carpet would once have been brightly coloured, a collection of geometric shapes of different sizes. It is mostly red with patches of brown, but in those areas of the pub that experience heavy foot traffic, it has degenerated to a matt black with the texture of chewing gum. The wallpaper has a flower design to it, mostly the colour of yellow, and there’s a faint smell of stale beer and cleaning products. My pint is flat and soapy, and I know for sure it will last me until Zed arrives.

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Nino: It wasn’t a good life when I was little, and maybe that’s why I changed my life… I don’t know. Sometimes I try to take my mind back to the past… my roots more than anything, the roots of all my troubles. But I haven’t been able to manage, up to now, to untangle the ball of yarn. I sum up all these things, and then I start leaving things out… I leave out one thing after another because I don’t know how to reach a conclusion….At least for the first year I behaved really badly because, you know, the man of the family was not in the house. I was also the oldest, I was very attached to my father; I had always been very attached to my father and it was traumatic for me, in the sense that I closed myself up and perhaps it was then that… It was like being in a skidding car without any brakes, and the family fell apart.

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We are not flowers offered at the altar of profit and power. We are dancing flames committed to conquering darkness and to challenging those who threaten the planet and the magic and mystery of life. (Rashida Bee, a Bhopal Survivor who lost six family members in the disaster, in Lewis, 2007)

We hope that this verdict today helps to bring some closure to the victims and their families. (Robert Blake, the US assistant secretary of state for South Asia, on the court case of June 2010, in America – Engaging the World, 2010)

In June 2010, over 25 years after the massive gas leak which killed thousands at a chemical plant in Bhopal, Madhya Pradesh, an Indian court finally handed down sentences following successful criminal prosecutions related to the disaster. After the original charges of culpable homicide had been watered down, seven senior managers working at the Bhopal plant in 1984 were found guilty of death by neglect (an eighth so charged had died during the legal process), given two year prison sentences and fined the equivalent of approximately $2,100. Union Carbide India Ltd (UCIL), then a subsidiary of the American company Union Carbide Corporation (UCC) and since 1995 of Eveready Industries India Ltd (EIIL), was fined $11,000. All those found guilty were Indian nationals but Warren Anderson, American CEO of UCC at the time of the gas leak, UCC itself and Union Carbide Eastern (UCE), another subsidiary of UCC with oversight over UCIL, could not be considered for trial in their absence: the court labelled these three named defendants  ‘absconders’.

From some viewpoints, the convictions may represent justice, albeit of a limited kind. It is certainly exceptional for any senior manager to receive a custodial sentence following occupational deaths or environmental damage. In a whole series of ways, however, the verdict merely represents another in a long series of instances of justice denied. Hazra Bee, of the International Campaign for Justice in Bhopal, responded to the sentences by stating “We feel outraged and betrayed. This is not justice. This is a travesty of justice … the paltry sentencing is a slap in the face of suffering Bhopal victims”. On the same website, Sathyu Sarangi, of the Bhopal Group for Information and Action, commented that “by handling those guilty of the world's worst industrial disaster so leniently, our courts and Government are telling dangerous industries and corporate CEOs that they stand to lose nothing even if they put entire populations and the environment at risk”.

In this article, presented in five Parts over the next few months, we draw on a considerable literature (see our Bhopal bibliography) to consider the claims of Sarangi, Bee and others in the context of the long struggle for justice by the victims and residents of Bhopal – a struggle that continues, but within which the recent convictions represent a landmark.

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Saturday, May 25, 2013
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