Author: Simran Chaudhary second year student at Galgotias University
Union Carbon Carbide v. Union of India, AIR 1988 SC
Abstract
This case is also known as Bhopal Gas Leak Case. This gas tragedy was the deadliest that has happened in the history of India. The tragedy happened due to the escape of a highly toxic gas, Methyl Isocyanate. A large number of people died at that time, more than what was told by the Government. People in that area reported serious breathlessness, different body parts got damaged, they got serious illnesses like cancer, lost body organs due the leak of such a highly toxic gas. The women who were pregnant at that time, their babies got serious illnesses, many were born handicapped, some lost their eyes. Not only the people of Bhopal but the whole of India can never forget such a disastrous tragedy. The victims of the tragedy are still in pain of that day, they lost their loved ones, they are not physically well either. Not only humans but this incident has also caused harm to the Flora and Fauna in response to which Environment Protection Act, 1986 was enacted. Also everyone has a right to life and Personal liberty which was given in Article 21 of the Constitution. Even after the 40 years the suffering of the victims has continued. Indeed, in the Bhopal Gas Tragedy, the time-honoured aphorism that ‘The Dead Teach the Living’ seems to have emerged as a veritable truth! (Taken from Report of Bhopal Gas Disaster Research centre).
Facts of the Case
On 2nd December, 1984, Methyl Isocyanate a poisonous gas escaped from the factory of Union carbide, which immediately many lives. An American Company named Union Carbide corporation with 51% stakes incorporated with the Indian Company which became union Carbide India Limited. The company used to manufacture chemicals and different industrial Products. The Plant of Union Carbide India limited was established at Bhopal, Madhya Pradesh. Then the tragedy happened which took many lives instantly and also over the years. The industry was established to make pesticides. In the beginning the Methyl Isocyanate (MIC) was imported in India. But after few years the Union Carbide India Limited got the permission to store the gas in the industry. The MIC was always available in high quantity at the industrial site.
To provide the Gas leak victims compensation as soon as possible the Union of India enacted Bhopal Gas Leak Disaster (Processing of Claims) act, 1985. The case was filed by Union of India in New York as Union Carbide was a New York based company but the case was dismissed by the American Court on the grounds that it came under the authority of Indian Court. The District Court awarded a compensation of Rs. 3.5 billion for the victims but later it was reduced to Rs. 2.5 billion by the High Court of Madhya Pradesh.
Issues involved in the Case
- Whether the Settlement amount reasonable or not?
- Whether is it appropriate to dismiss the criminal Proceedings against Union Carbide?
Contention by the Appellants
Jurisdiction is a issue which needs to be raised. The question was raised whether the Indian Courts have the power to award Compensatory damages in such cases.
Rylands v. Fletcher is a famous case of Strict Liability. In M.C. Mehta case there was no applicability of strict liability but a completely new doctrine of Absolute Liability was established.
Absolute Liability means that if any Individual or Industry engaged in dangerous activity and any harm is caused to the public due to their activity, the said party will be held absolutely liable for the said activity. The Appellants Contended that M.C. Mehta case has limited the Doctrine of Strict Liability and the Doctrine of Absolute Liability should not be applied retrospectively.
It was also contended that the power of High Court to dismiss or transfer the Appeal was abrogated under Article 139A of the Constitution.
Contentions by the Respondent
The Union Carbon carbide was responsible for the gas leak so they are the one who will pay compensation to the victims of the gas leak incident. As per the Absolute liability Union Carbide Corporation (UCC) or Union carbide Indian Limited (UCIL) has to pay the compensation to the victims.
Judgement
Justice Venkatachaliah, K.N. Singh and N.D. Ojha gave the Majority Opinion. Justice CJ Mishra and Ahmadi J. wrote the Minority Opinion.
On the point of compensation, the majority judges bench said that the amount is adequate and fair and if there is a need for more money than the money will be given by the Union and state government. This point was dissented by the Minority bench.
The Court Ordered $470 million to be said as per the settlement between both the parties.
After the settlement of $470 billion between the Union of India and Union Carbide Corporation (UCC), in 1991 the Supreme Court of India refused to reopen the matter related to compensation but reinstates the criminal Proceedings.
In 2001, the US court took cases related to environmental damages.
In 2010, a petition was filed in the Supreme Court of India to reopen the case. There were claims that the compensation was given on the wrong claims and the compensation was not sufficient for all the victims. But the petition was rejected by the Supreme Court of India on the ground of not maintainable in law.
In the same year, the officials who were present at the time of the gas leak incident were found guilty of Criminal Negligence, were sentenced for two years.
Conclusion
The Bhopal Gas leak tragedy is still a nightmare who were the victims of this incident. This Gas leak is one of the biggest Tragedy that has ever happened to India. Due to this tragedy people lost their families, their body parts, they got serious illnesses from which they are still suffering. In December 2024, the incident completed 40 years, many people may have even forgotten it but the victims remember this day every year. People were not happy with either the compensation nor the punishment. Even after so many years the sufferings of the victims of the gas tragedy still continues. They are still sick, some has gotten cancer, many had lost their eyes, the babies born out of the women who were the victims of the tragedy, are still handicapped. It was hard for everyone but today also it is hard for them. In the documentaries which were made on gas tragedy, people are saying that it should have been better if they had also died at that day, because their sufferings are not reducing. It was not a Natural Disaster, but a disaster created by the Human beings, if they had been more cautious then this tragedy may not have had happened.
FAQs
What was the reason behind the tragedy of Bhopal Gas Leak?
A gas named Methyl Isocyanate escaped from the premises of Carbon Carbide India Limited, which thousands of lives. The people who were sleepings did not even got the chance to save themselves, but they died at the moment. After 2nd December, day by day people lost their lives due to diseases which they get due to the escape of poisonous gas.
What happened after the Gas leak?
It caused a wreak havoc everywhere. This kind of tragedy had never happened before. People were dying everywhere. Someone lost their father, mother, children. Some lost their eyes, some lost their body organs. The people who got saved were in shock and still are in shock.
