Bhopal Gas Tragedy & Aftermath development of Environmental Law in India

Bhopal Gas Tragedy

The Bhopal gas Tragedy in 1984 is known as one of the deadliest & hazardous disaster in the recent history. It laid to urgent need for having a comprehensive law dealing with Environment. The notorious incident in the central India, Bhopal, known as "The Bhopal Gas Tragedy 1984," occurred at midnight on December 2 and 3, 1984, at the Union Carbide plant in Bhopal. The incident involved the leak of extremely hazardous Methyl Isocyanides (MIC) gas, which killed numerous people, animals, and the damaged the environment environment. At least 3,800 people were killed instantly when more than 40 tons of methyl isocyanate gas leaked from a pesticide plant in Bhopal. Thousands more suffered severe illness and died too soon. Immediately after the worst industrial tragedy in history occurred, the corporation concerned attempted to distance itself from any legal culpability. Through the Supreme Court of India, it eventually came to an agreement with the Indian government and acknowledged its moral obligations. Due to severe underestimations of the number of individuals exposed and the long-term health effects of exposure, it only paid $470 million in compensation, which is a comparatively tiny sum. The incident demonstrated the necessity of internationally binding standards for industrial disaster preparedness, environmental safety, and preventive measures to avert future occurrences.[1]

To guarantee that claims resulting from the catastrophe would be handled promptly and fairly, the Indian government passed the Bhopal Gas Leak Disaster Act in March 1985. The Bhopal Gas Leak Disaster Act was enacted by the Indian government in March 1985 to guarantee that the claims resulting from the tragedy were handled in a speedy & fair manner. Moreover, this law designated the government as the sole representative of the victims in legal matters both domestically and internationally.

In court cases both inside and outside of India, the Act established the government as the victims' exclusive representation. To the detriment of the harmed parties, all matters were eventually removed from the American legal system and placed solely within Indian jurisdiction, per the decision of the presiding American court.

As a full and final settlement, UCC agreed to pay $470 million to the Indian government to be disbursed to claimants after acknowledging moral culpability in a settlement mediated by the Indian Supreme Court. The disputable claim that just 3000 persons died and 102,000 had lasting disability served as part of the basis for the figure. The value of UCC's shares increased by $2 per share, or 7%, after this settlement was announced. If compensation in Bhopal had been given at the same rate that asbestosis patients were receiving in US courts from defendants like UCC the total liability would have exceeded the $10 billion, the amount for which the firm was valued at and insured for in 1984.

The Bhopal Gas Tragedy Relief and Rehabilitation Department reports that by the end of October 2003, compensation had been given to 15,310 survivors of the deceased and 554,895 individuals for injuries they had sustained. Families of the deceased received an average of $2,200. To hurt the emotions of victims, UCC has made every effort to stifle, obscure, and manipulate scientific findings.

Impact on Environment[2] 

Even years after the incident, Bhopal still has a number of lasting impacts on the environment. Research by Greenpeace (www.greenpeace.org) found that ongoing poisoning of soil, groundwater, and breast milk poses a major health risk to future generations as well as those who are already exposed. Experts claim that the research indicates that the toxics have not only spread through various mediums but have also undergone tropic transfer, which essentially occurs through the food chain making these toxins a part of the body's load.

Development of Environmental laws post tragedy

We are fortunate to have the Environment Protection Act of 1986 as a result of the catastrophe, and the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, which was passed by Parliament and came into effect on March 29, 1985, to address claims. There was no national environmental legislation in place prior to this tragedy until 1984. Laws such as the Factories Act of 1948 and the Public Liability Insurance Act of 1991 were amended & brought because of this disaster. [3] In Ravi Shankar Sharma v. State of Rajasthan, the court determined that the Factories Act of 1948 is a social law that covers workers' occupational standards, safety, and health. The Factories Act had a number of important revisions in 1987 in response to the devastating Bhopal tragedy, with a focus on stricter controls of dangerous chemicals and industrial processes. As a result, a brand-new chapter, Chapter IV A, was added with the specific goal of managing dangerous factory processes. The 1987 amendment included the following few provisions to prevent and mitigate industrial accidents in order to save lives, in response to the lessons learnt from the disaster[4].

The Environment Protection Act of 1986 protects the environment and eliminates risks to people, plants, and other living things. The rules governing pollution prevention and environmental preservation by dangerous industries are reinforced by this act. The Environment Protection Act was enacted in 1986, leading to the establishment of the Ministry of Environment and Forests (MoEF) and reinforcing India’s dedication to environmental issues. With the implementation of this act, the MoEF was entrusted with the comprehensive management and enforcement of environmental regulations and policies. It highlighted the necessity of incorporating environmental considerations into all national industrial development initiatives. Nevertheless, even with a more robust governmental commitment to safeguarding public health, forests, and wildlife, economic development policies have taken precedence over the last few decades. The Bhopal Gas Tragedy worked as an eye opener for the Government & lawmakers and grabbed their attention to Environmental issues & its protection. There were laws in place before this tragedy, such as the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981, but the Environment Protection Act of 1986 filled in the gaps that arose for environmental protection following the tragedy.

The Indian judiciary established the Rule of Absolute Liability, or fault-based liability, in the seminal case of M.C. Mehta v. Union of India[5], 1987, SC 1086. This occurred at the Shriram Fertilizer Factory in New Delhi on December 4, 1985, when oleum gas leaked from the rupture of the tank containing oleum gas due to human intervention and other fertilizer factory defaults. Therefore, Bhopal gas Tragedy not only led development of Environmental law in India but also was one of the constituent factors in development of Tort law in India with the development of concepts like strict & absolute liability.

National Green Tribunal Act, 2010

It was created alongside the Rio Summit in 1992 to offer legal and administrative solutions for those affected by pollution and other environmental harm. It also aligns with Article 21, which guarantees the Right to a healthy environment for its citizens as per the constitution. The NGT must resolve the cases brought before it within 6 months following their appeals. NGT has original jurisdiction over issues related to significant environmental questions.

NGT handles civil matters under the 7 laws concerning the environment:

1. Water (Prevention And Control Of Pollution) Act, 1974

2. Water (Prevention And Control Of Pollution) Cess Act, 1974

3. Air (Prevention And Control Of Pollution) Act, 1977

4. Forest Conservation Act, 1980

5. Environmental Protection Act, 1986

6. Public Liability Insurance Act, 1991

7. Biological Diversity Act, 2002

   
   

Two laws are excluded from the NGT's jurisdiction namely Wildlife Protection Act, 1972 & Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The rulings of the NGT can be appealed in High Courts and the Supreme Court. Establishment of National Green Tribunal was a welcome step while dealing with the Environmental laws in India.

So, we can evidently conclude that Bhopal Gas Tragedy set the alarm bells ringing in the corridors of policy makers & since then we have witnessed a solid development of Environmental Law in the Diverse Country like India.

By,

Rugved Gambhir,

IV BA LLB,

ILS Law College, Pune.

[1] Edward Broughton - The Bhopal disaster and its aftermath: a review Environmental Health: A Global Access Science Source 2005 The Bhopal disaster and its aftermath: a review | Environmental Health | Full Text

[2]Malini, Nair ; Bhopal Gas Tragedy– A Social, Economic, Legal and Environmental Analysis MPRA Paper No. 37856 BHOPAL GAS TRAGEDY – A SOCIAL, ECONOMIC, LEGAL AND ENVIRONMENTAL ANALYSIS

[3] Sushmita Das Assistant professor of Law, The Aftermath of Bhopal Gas Tragedy and It’s Laws – Sage University, Bhopal blogs. The Aftermath of Bhopal Gas Tragedy and It’s Laws

[4] The Bhopal Gas Tragedy And Amendments in The Factories Act, 1948: Standing So Far, https://www.legalserviceindia.com/legal/legal/legal/article-17857-the-bhopal-gas-tragedy-and-amendments-in-the-factories-act-1948-standing-so-far.html.

[5] M.C. Mehta & Anr. v. Union of India & Ors. 1987 AIR 965, 1986 SCR (1) 312