ABSTRACT
BHOPAL GAS TRAGEDY
The Bhopal gas tragedy is, till date, the world’s worst industrial disaster. It
occurred in December of 1984 at Bhopal in Madhya Pradesh. The tragedy was a
result of the leak of the methyl isocyanate (MIC) gas from the Union Carbide
India Ltd (UCIL) plant which manufactured pesticides. On the night of
December 2-3, 1984, there was a leak of the MIC gas which is considered to be
the most toxic chemical in industrial use. All around the city of Bhopal, people
were exposed to this gas and the immediate effects of inhaling the gas were
coughing, vomiting, severe eye irritation and a feeling of suffocation.
Thousands of people died immediately and lakhs of people sustained permanent
injuries.
Background And Effects Of The Leakage: - The MIC in the Union Carbide
Plant was primarily used for the production of carbaryl, which is a pesticide. It
is alleged that most of the safety systems were not functioning and that most of
the safety valves were in poor condition around the time the incident took place.
During the night of December 2-3, 1984, large amounts of water entered into
the tank numbered 610 which contained about 42 tonnes of methyl isocyanate.
At the time, workers were cleaning out pipes with water, and some claim that
owing to bad maintenance and leaking valves, it was possible for the water to
leak into tank 610. This resulted in an exothermic reaction which caused the
temperature and the pressure inside the tank to increase. Due to this urgent
venting of pressure, large volumes of MIC gas were released into the
atmosphere. The gases flooded the city of Bhopal, causing great panic as people
woke up with a burning sensation in their lungs. Thousands died immediately
from the effects of the gas and many were trampled in the panic. The long term
health effects of the gas include visual impairment, blindness, respiratory
difficulties, immune and neurological disorders, lung injury, female
reproductive difficulties and birth defects among children born to affected
women.
The Legal Battle: - In the February of 1985, the Indian Government filed a
case in the U.S Court for a claim of $3.3 billons against the Union Carbide
Corporation. But by 1986 all of these litigations in the U.S District were
transferred to India on the grounds of forum non conveniens. It means that the
case should be transferred to a more convenient forum so that the trial proceeds
smoothly. Meanwhile in March 1985, the Bhopal Gas Leak Disaster (Processing
of Claims) Act was passed which empowered the Central Government to
become the sole representative of all the victims in all kinds of litigations so that
interests of the victims of the disaster are fully protected and the claims for
compensation are pursued speedily. In the year 1987, cases were filed in the
Bhopal District Court which ordered the Union Carbide Corporation to pay 350
crores as interim compensation. But the interim order could not be decreed and
therefore the UCC refused to pay the amount. Later on, at the High Court, this
interim compensation amount was reduced to 250 crores. Both the Union of
India and the UCC preferred appeals by special leave against this High Court's
order.
The Settlement Order: - But a major twist to these legal proceedings came
through the settlement order which was stroked out between the Indian
Government and the Union Carbide in an out of Court settlement in February
1989. Through this deal the liability of the Union Carbide was fixed at $470
millions in full and final settlement of all claims, rights, and liabilities arising
out of the disaster. The terms of the settlement were such that it limited liability
under all future claims as well, whether they were civil or criminal. This would
mean that henceforth, all kinds of liability arising out of the disaster could be
fixed only upon the Government of India and the Union Carbide would be held
liable only to the extent of $470 millions.
Name – Shloka Dikshit
Roll no. 52