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Bangladesh claims: latest news

28 February 2003

The Natural Environment Research Council (NERC) is being sued by two Bangladeshi residents who allege that NERC was negligent in not testing for the presence of arsenic in groundwater while carrying out some research in 1992. The research was carried out by the British Geological Survey (BGS), which is a part of NERC.

The actions are being vigorously defended and an application is being made to the Court to strike them out before they go any further, on grounds that there is no case to answer. The hearing of the application to strike out is expected to take place before the end of March 2003.

In August 2001 BGS was threatened with Court proceedings by a number of residents of Bangladesh. They claimed that BGS had been negligent in not testing for arsenic when they conducted a pilot project assessing the hydrochemical character of the groundwaters in central and north eastern Bangladesh in 1992. BGS's work had been funded by the Overseas Development Administration as part of a large-scale project to increase agricultural production in Bangladesh through extension of the irrigated area.

Groundwaters are the source of much of the drinking water in Bangladesh and from about 1995 they have been found to be widely contaminated by naturally occurring arsenic.

Solicitor correspondence was exchanged during 2001 and early 2002 and in August 2002 a sample case was issued in London by English lawyers on behalf of one of the many potential claimants, a Mr Sutradhar, who it was alleged had suffered arsenical poisoning as a result of drinking groundwater. A second sample case was issued in February 2003 on behalf of Mrs Begum who, it also was alleged, had suffered arsenical poisoning as a result of drinking groundwater.

The claimants cases are that there was a duty owed to them by BGS to test for arsenic when carrying out their research and that the report in which BGS summarised the project's findings conveyed the impression that there was no arsenic in the water and that it was safe to drink. In consequence, it is alleged, the relevant Bangladeshi authorities took no action to prevent them from drinking groundwater until the country's arsenic problem came to light by other means. Mr Sutradhar's case is that he continued to drink arsenic contaminated water for longer than he might otherwise have done, and consequently acquired the symptoms of arsenicosis or suffered them to a greater extent than he might have had if the contamination been discovered earlier. Mrs Begum says she would not have drunk contaminated water at all if knowledge of the presence of arsenic had come to light in 1992.

NERC says that there was no duty to test for arsenic as the research was carried out in connection with a small part of an agricultural irrigation project which had nothing to do with drinking water. It was clear on the face of the report that arsenic was not tested for and, on any reading, the report does not suggest either that there was no arsenic in the water or that it was safe to drink. The nature of the relationship between BGS, Mr Sutradhar and Mrs Begum is so remote that no duty of care can arise between them in this matter. We understand that neither Mr Sutradhar nor Mrs Begum knew of the existence of the BGS report. Were a duty of care to be established it could not have been breached because, given what scientists knew at the time about alluvial deltaic groundwaters - such as those characteristic of much of Bangladesh - no reasonably experienced researcher would have tested for the presence of arsenic in this location without some special reason to do so.

Many of the staff at BGS have devoted their lives to scientific research and to aid projects in developing countries. They have the most profound sympathy with the plight of the people of Bangladesh in connection with the problems of obtaining clean drinking water in a country where there is no shortage of water as such. However the tragedy of arsenic contamination cannot properly be laid at their door. Scientists at BGS continue to work towards a proper understanding of the problem of naturally occurring arsenic in groundwater.

Further information

NERC Press Office
Natural Environment Research Council
Polaris House, North Star Avenue
Swindon, SN2 1EU
Tel: 01793 411561
Mob: 07917 557215

Press release: 02/03

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