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Bhopal Gas Tragedy : Causes, effects and aftermath
The Bhopal gas tragedy occurred at midnight of December 2nd- 3rd December 1984 at the Union Carbide India Ltd (UCIL) pesticide facility in Bhopal, Madhya Pradesh. This catastrophe affected around 500,000 people along with many animals. People who were exposed are still suffering as a result of the gas leak’s long-term health impacts. Chronic eye difficulties and respiratory problems were some issues due to it. Children who have been exposed have stunted growth and cognitive impairments.
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Bhopal Gas Tragedy
Bhopal gas tragedy case study, causes of bhopal gas tragedy, effects of bhopal gas tragedy, aftermath of bhopal gas tragedy.
Union Carbide was an American company that produced pesticides. MIC – methyl isocyanide, a dangerous poisonous gas began to leak at midnight on 2nd December 1984 from the Union Carbide factory. This MIC caused the Bhopal gas tragedy. The Bhopal gas tragedy was a fatal accident. It was one of the world’s worst industrial accidents.
UCIL was a pesticide manufacturing plant that produced the insecticide carbaryl. Carbaryl was discovered by the American company Union Carbide Corporation, which owned a significant share in UCIL. As an intermediary, UCIL produced carbaryl using methyl isocyanate (MIC). Other techniques for producing the ultimate product are available, but they are more expensive. The very toxic chemical MIC is extremely dangerous to human health. Residents of Bhopal in the area of the pesticide plant began to feel irritated by the MIC and began fleeing the city.
Bhopal UCIL constructed three underground MIC storage tanks which were named E610, E611, and E619. On October 1984, E610 was not able to maintain its nitrogen gas pressure and so the liquid which is present inside the tank would not pump out, because of which 42 tons of MIC in E610 was wasted. The chemical in E610 was left unpumped as they were not able to re-establish its pressure, which later became responsible for Bhopal Gas Tragedy.
The main causes of Bhopal Gas Tragedy are as follows:
- During the buildup to the spill, the plant’s safety mechanisms for the highly toxic MIC were not working. The alarm off tanks of the plant had not worked properly.
- Many valves and lines were in disrepair, and many vent gas scrubbers were not working, as was the steam boiler that was supposed to clean the pipes.
- The MIC was stored in three tanks, with tank E610 being the source of the leak. This tank should have held no more than 30 tonnes of MIC, according to safety regulations.
- Water is believed to have entered the tank through a side pipe as technicians were attempting to clear it late that fatal night.
- This resulted in an exothermic reaction in the tank, progressively raising the pressure until the gas was ejected through the atmosphere.
The main effects of the Bhopal Gas Tragedy are as follows:
- Thousands had died as a result of choking, pulmonary edema, and reflexogenic circulatory collapse.
- Neonatal death rates increased by 200 percent.
- A huge number of animal carcasses have been discovered in the area, indicating the impact on flora and animals. The trees died after a few days. Food supplies have grown scarce due to the fear of contamination.
- Fishing was also prohibited.
- In March 1985, the Indian government established the Bhopal Gas Leak Accident Act, giving it legal authority to represent all victims of the accident, whether they were in India or abroad.
- At least 200,000 youngsters were exposed to the gas.
- Hospitals were overcrowded, and there was no sufficient training for medical workers to deal with MIC exposure.
In the United States, UCC was sued in federal court. In one action, the court recommended that UCC pay between $5 million and $10 million to assist the victims. UCC agreed to pay a $5 million settlement. The Indian government, however, rejected this offer and claimed $3.3 billion. In 1989, UCC agreed to pay $470 million in damages and paid the cash immediately in an out-of-court settlement.
Warren Anderson, the CEO and Chairman of UCC was charged with manslaughter by Bhopal authorities in 1991. He refused to appear in court and the Bhopal court declared him a fugitive from justice in February 1992. Despite the central government’s efforts in the United States to extradite Anderson, nothing happened. Anderson died in 2014 without ever appearing in a court of law.
Bhopal Gas Tragedy continues to be an important warning sign for industrialization, for developing countries and in particular India, with human, environmental, and economic pitfalls. The economy of India is growing at a fast rate but at the cost of environmental health as well as public safety.
Frequently Asked Questions
What were the reasons behind bhopal gas tragedy.
The reasons behind Bhopal gas tragedy was a large volume of water had been introduced into the MIC tank and has caused a chemical reaction which did force the pressure release valve, which allowed the gas to leak.
What is the name of Bhopal gas case law?
The name is Union Carbide Corporation v.
Which gas was leaked in the Bhopal Gas Tragedy?
The gas which was leaked in the Bhopal Gas Tragedy is methyl isocyanate.
Was Bhopal gas tragedy an accident or experiment?
Bhopal gas tragedy was the world’s most worst industrial accident.
How many people died in the Bhopal Gas?
A total of 3,787 deaths were registered related to the gas release in case of Bhopal Gas Tragedy.
What were the four main demands of the Bhopal Gas victims?
The 4 demands of Bhopal Gas victims include: Proper medical treatment. Adequate compensation. Fixation of criminal responsibility Steps for prevention of such disasters in future.
How was Bhopal Gas Tragedy fixed?
Bhopal Gas Tragedy was fixed with construction of a secure landfill for holding the wastes from the two on-site solar evaporation ponds.
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Bhopal disaster
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- The University of New Mexico - The Bhopal Disaster of 1984
- University of Massachusetts Amherst - Bhopal Plant Disaster
- National Center for Biotechnology Information - PubMed Central - The Bhopal disaster and its aftermath: a review
- University College London - The Bhopal gas tragedy 1984 to? The evasion of corporate responsibility
- The New York Times - The Bhopal Disaster: How it happened
- The Guardian - 'Bhopal’s tragedy has not stopped': the urban disaster still claiming lives 35 years on
- Academia - The Bhopal Disaster and Its Ramifications: A Brief Overview
What was the Bhopal disaster?
The Bhopal disaster was a chemical leak that occurred on December 3, 1984, in the Indian city of Bhopal. It killed an estimated 15,000 to 20,000 people. At the time, it was the worst industrial accident in history.
What was the cause of the Bhopal disaster?
The Bhopal disaster occurred when about 45 tons of the gas methyl isocyanate escaped from a plant owned by a subsidiary of the U.S.-based Union Carbide Corporation. Investigations later established that substandard operating and safety procedures at the understaffed plant had led to the catastrophe.
What was the aftermath of Bhopal disaster?
An estimated 15,000 to 20,000 people died as a result of the Bhopal disaster, and some 500,000 survivors suffered respiratory problems, blindness, and other health problems. In 2010 several former executives of the company that operated the Bhopal plant—all Indian citizens—were convicted of negligence.
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Bhopal disaster , chemical leak in 1984 in the city of Bhopal , Madhya Pradesh state, India . At the time, it was called the worst industrial accident in history.
On December 3, 1984, about 45 tons of the dangerous gas methyl isocyanate escaped from an insecticide plant that was owned by the Indian subsidiary of the American firm Union Carbide Corporation . The gas drifted over the densely populated neighbourhoods around the plant, killing thousands of people immediately and creating a panic as tens of thousands of others attempted to flee Bhopal. The final death toll was estimated to be between 15,000 and 20,000. Some half a million survivors suffered respiratory problems, eye irritation or blindness, and other maladies resulting from exposure to the toxic gas; many were awarded compensation of a few hundred dollars. Investigations later established that substandard operating and safety procedures at the understaffed plant had led to the disaster . In 1998 the former factory site was turned over to the state of Madhya Pradesh .
In the early 21st century more than 400 tons of industrial waste were still present on the site. Despite continued protests and attempts at litigation, neither the Dow Chemical Company , which bought out the Union Carbide Corporation in 2001, nor the Indian government had properly cleaned the site. Soil and water contamination in the area was blamed for chronic health problems and high instances of birth defects in the area’s inhabitants. In 2004 the Indian Supreme Court ordered the state to supply clean drinking water to the residents of Bhopal because of groundwater contamination. In 2010 several former executives of Union Carbide’s India subsidiary—all Indian citizens—were convicted by a Bhopal court of negligence in the disaster.
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Bhopal Gas Tragedy Case Study
This article is written by Ayushma Sharma of Faculty of Law, Aligarh Muslim University where she has discussed the Bhopal Gas Tragedy Case.
Table of Contents
Introduction
The night of 2-3 December 1984, was the most unfortunate night for the Bhopal, in fact not only for Bhopal but for the whole world. Thousands of people lost their lives that night and many are suffering the consequences of the tragedy even now. The incident was caused because of the leakage of Methyl Isocyanate (MiC) gas from the Union Carbide India Ltd (UCIL) plant.
Background
The Union Carbide Corporation, an American enterprise established a pesticide plant in India because of its central location. The plant was supposed to produce Sevin, a pesticide. Union Carbide and the Indian Government had a deal, and under this idea, the Union Carbide had a 50.9% share and the Indian Investors had a 40.1% share. The plant was named as The Union Carbide India Limited (UCIL).
UCIL started its production of pesticide in 1979. While this pesticide was produced, a toxic liquid was also produced i.e., Methyl Isocyanate (MIC). Since MIC is a very toxic chemical it required great maintenance.
Around 1:00 a.m on 4th December 1984, when the MIC gas started swallowing up the whole of Bhopal people who were sleeping peacefully started feeling the change in the air. They ran for their lives but couldn’t escape their death. Some who were able to save their lives weren’t able to save themselves from the coming disabilities. All this happened because of leakage of the MIC gas from the tank E106.
Earlier, too, complaints were being made about the maintainability of the plant, of how MIC was leaking in small amounts. The previous incidents of leakage had also caused the death of some people and left others severely injured. But, the authorities paid no attention to it. The machines were worn out but no replacement was there.
The Gas Disaster
Around midnight on 3-4 December 1984, the MIC gas got leaked from the plant and got mixed with the fresh air in Bhopal. Suddenly, people started feeling uneasy, started vomiting, were having trouble while breathing, people started dying within a few minutes of inhaling the toxic gas. It was not only the human beings that suffered but animals, too, suffered and lost their lives.
People, in large numbers, were rushed to the hospital but at that time no doctor knew about the actual cause of death. No one knew about the leakage of the MIC. They just had a hunch about some leakage but exactly didn’t know about the leakage of MIC gas. Since doctors couldn’t operate properly without knowing the exact cause of the accident, so many people lost their lives.
It was reported that nearly 3000 people lost their lives and more than 6 lacs were severely injured. The survivors survived with permanent respiratory problems, and other complications. Children who weren’t even born at that time were born with some health issues.
The International Medical Commission
After the tragedy took place there was no proper health aid provided to the victims. The company was involved in lawsuits and was on the verge of closing down its business. On the other hand, the Indian Government had to face the wrath of the families of the victims and the other people all over India on a lack of carrying out an investigation and providing medical aid to the sufferers.
For the medical personnel to provide correct medical treatment to the victims they had to know the exact cause of the tragedy. So that based on the cause they could start their operation. A connection had to be established between the cause of the accident and the health attributes caused by the accident.
In 1992, Permanent Peoples’ Tribunal suggested the formation of an international commission to provide better medical treatment to the victims of the Bhopal tragedy. Later on, in 1993 Bhopal Group for Information and Action laid down a proposal for the same.
Finally, in the year 1993 International Medical Commission on Bhopal (IMCB) was organized to provide medical assistance to the survivors of the Bhopal tragedy of 1984. IMCB was a constitution of 15 professionals from 12 countries having expertise in the field of:
- Environmental health
- Respiratory medicine
IMCB had co-chairpersons and they were, Dr. Rosalie Bertell and Gianni Tognoni. The main aim of the International Medical Commission on Bhopal was to provide some relief to the victims and to suggest some ways to prevent such disasters in the future.
The work was divided into 8 areas, and they are:
- Family Life
- Epidemiology
- Medical care
- Drug Therapies
- Accident Analysis
- Review of published literature
A plan was laid out for investigation to know the actual cause of the exposure. This plan has three phases.
First Phase – In this phase, the symptom report was analyzed and distance was used as a substitute for exposure. It stated that respiratory and neurologic problems were the aftermath health effects of the exposure.
Second Phase – Lung function and respiratory organs were assessed. According to the report, there were excessive respiratory issues and the functioning capability of the lungs was reduced with each passing minute.
It was noticed that to know the exact level of risk factors involved it was necessary to analyze the exposure accurately. Also, to provide long-term care and medical aid it was mandatory for them to know exactly what they were dealing with.
Third Phase – This was the last phase of the process. In this phase, the victims were assessed individually based on exposure time, location and distance. Finally, the reports were compared to the findings from the distance surrogate to determine whether their association is better than that of distance alone.
Immediate effects of the Bhopal Gas Tragedy
The leak and its effects.
Methyl Isocyanate (MIC) :
- The colorless liquid used for the creation of pesticides.
- Is highly toxic.
- Since it is extremely reactive to water, it requires good maintenance.
- A small amount of water is sufficient to increase pressure for converting the liquid into a toxic gas.
The UCIL had to store three tanks of MIC and its temperature was to be maintained below zero degrees celsius. Also, it was to be kept under pressure with the help of inert nitrogen. But, before the few days of the accident the tank, E106, in which the MIC was kept couldn’t hold the pressure any longer resulting in stopping of production for some time.
The tank even after being worn out couldn’t stop the production for a much longer time. The production process resumed after some time. But, on the night of 2-3 December 1984, because of a lack of maintainability, the water broke out from the connecting pipe and started getting mixed with the MIC liquid. This resulted in a strong heating reaction because of which pressure at a splitting pace was created and the MIC gas got released.
People who were leaving nearby started getting affected by the harmful gas. They started having a breathing problem, irritation in eyes, chemical burns on the skin, contraction of lungs. They were then taken to the hospital but without the main reason for the accident, the doctors couldn’t operate correctly.
Cause of Leakage
Though the main reason for the tragedy was the mixing of water with the Methyl Isocyanate because of leaks in the connecting pipes yet it was not the only reason that contributed towards the happening of the tragedy. There are many other reasons which contributed to this unfortunate event. All these small reasons are because of the lack of proper maintenance.
Following are the reasons that, too, have contributed to the Bhopal tragedy:
- An inspection team came from Danbury, the United States to the Bhopal plant and found 61 safety problems. Out of these 61 problems 31 were major.
- Main refrigeration and cooling system were closed down before 150 days of the accident
- To lower the cost number of workers working were reduced.
- Also, the specialized training was not given to the unskilled workers so that they could at least have an idea about the consequences of their actions.
- As already mentioned, before this major tragedy there had already been minor leakages which cost the life of one worker and others were injured.
- No supervisor was there for his night shift.
- The pressure control valve of the tank E610 had not been working properly for over a month.
- Negligence on the part of the maintenance authorities.
- There was no backup plan in case of emergencies.
Another important thing to notice is that if the fire or the rescue squad had an idea of how to prevent the gas from spreading, or if there was any antidote chemical that could have been used to bring down the effects of MIC gas then, maybe some lives could have been saved.
The root cause was the lack of management on the part of the authorities. Also, it’s been said that the company had not informed all the concerned authorities about the emission of MIC gas. Had some authorities known about the gas maybe they could have prepared some backup strategies in case of a crisis.
Toxicology of MIC
Methyl Isocyanate is highly toxic. The American Conference of Government Industrial Hygienists stated that the level up to which a worker could be exposed to MIC without any harmful effects is 0.02ppm. As soon as the level is 0.4ppm it is toxic by inhalation, or by ingestion. At 5ppm, most people cannot detect it but because of symptoms, they get a warning.
The symptoms of exposure includes:
- Irritation in the eyes
- Breathing problem
- Irritation in the nose and throat
- Burning of skin
When exposure level is above 21ppm it can result in:
- Bronchial Pneumonia – A condition that causes inflammation of the lungs
- Lung edema – A condition caused by the accumulation of excessive fluid in the lungs, making it difficult to breathe
- Emphysema – It means damage to the air sacs in the lungs resulting in shortness of breath
Therefore, storing methyl isocyanate requires proper care and caution, and especially when comes to water extra precautions must be taken. Methyl Isocyanate is very sensitive to water. It can be stored in glass or stainless steel, and temperature should be below 40-degree celsius or 104-degree Fahrenheit.
Attributed diseases to the gas exposure
The attributed diseases to gas exposure are as follows:
- Ophthalmic Problems – The MIC gas irritated the eyes of the people. MIC gas caused burning, watering, and photophobia, redness of the eye, swelling of the eyelid.
- Respiratory and Pulmonary Problems – Inhalation of MIC gas resulted in shortness of breath, suffocation and chest pain. When examined it was found that some victims had suffered necrotizing lesions in their respiratory organs
- Reproductivity Toxicity – Gas leak resulted in high-risk factors to the fetus and it not only the gas leak that increased risk but the factors like stress and ingestion of drugs by the mothers.
- Genotoxicity – The MIC gas had affected the genetic information of the victims within their cells which had increased their possibility of having cancer.
- Neuromuscular Toxicity – It was found that the survivors of the accident had neuromuscular symptoms like numbness, pain, aches, and sensation of needles
- The victims suffered many other health problems like carcinogenicity, immunotoxicity, psychological and neurobehavioral toxicity.
After the accident, many cases were filed on behalf of the victims since there was a problem in claiming compensation, and many people, especially the ones having low financial status, couldn’t afford to fight the case for a long time. These cases were filed against UCC in Bhopal as well as in the USA. An effort was also made to settle the matter outside of the court but it wasn’t successful.
Then, after some time passed, the Indian Parliament passed The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 . According to Section 3 of the Act, the government of India had the power to file cases on behalf of every citizen who was entitled to claim the compensation. The government by Section 9 of the Act introduced “The Bhopal Gas Leak Disaster (Registration And Processing of Claims) Scheme, 1985”.
The Indian Government filed a lawsuit in the United States District Court of NewYork against UCC. But, the UCC pleaded that filing the lawsuit in an American Court was not convenient. They pleaded on the grounds of forum inconvenient (it means that the Court can refuse to take jurisdiction when the parties have more convenient forums to go to). UCC said that since the accident took place in Bhopal and all the evidence was there only so it was more convenient to try in Indian Courts.
So, Keenon J. accepted the plea of UCC and a new case was filed in the District Court of Bhopal. The District Court ordered UCC to pay a sum of Rs 350 crore to the victims. Next, UCC filed an appeal in the Madhya Pradesh High Court against the judgment of Bhopal District Court. This resulted in a decrease in the “interim compensation” from Rs 350 crore to Rs 250 crore. Simultaneously UCC tried to settle the matter directly with the gas victims outside the court. But, M.W. Deo J. of Bhopal District Court put an interim order on UCC to not to make any settlement with any victim until further orders of the Court.
Finally, after the propagation of the rule of Absolute liability, the Court held UCC liable for the Bhopal tragedy. Though people had their doubts that the Indian Judiciary won’t be able to handle the situation. They thought that the wrongdoers would escape from their liability under the rule of Strict liability but it didn’t happen. The Indian Judiciary brought fair justice to the victims.
On 14th and 15th February 1989, the Supreme Court in Union Carbide Corporation v. Union of India [1] ordered UCC to pay a sum of $470 million (Rs 750 crores) to the victims.
Principle of Absolute Liability
This liability is also known as “No-Fault Liability”.
Absolute liability is a liability where the accused is held liable but without any exception of getting excused from the liability. Normally, a person can be held liable only when he had mens rea (guilty mind) but in the case of absolute liability, a person can be held liable even if he had no intention of committing the offense.
The principle of absolute liability is similar to strict liability. In the case of strict liability, a person keeps something dangerous with him, and he knows that even the slightest mistake would cause a release of that thing resulting in the death of human beings. So, even if he took proper care and caution but still the thing escaped resulting in the death of a man, he can be held liable under strict liability.
The principle of strict and absolute liability differ only at one point. While on one hand under strict liability, a person is having options to escape the lability so arisen but, on the other hand under absolute liability a person has no such options available.
- Rylands v. Fletcher
This doctrine of Strict liability was laid down in Rylands v. Fletche r [2] by Justice Blackburn.
- The defendant paid the contractor to build a reservoir on his land.
- The contractors while doing their work discovered old coal shafts in the ground.
- They decided not to do anything and carried on with their work.
- The defendant didn’t know anything about this.
- Later on, when the reservoir was filled with water the shaft broke and the water started bursting out of the reservoir.
- As a result, the neighbor’s mine was flooded.
- The respondent (neighbor) then, filed a suit against the defendant and claimed damages.
The House of Lords propounded the Doctrine of Strict Liability in this case stating that even if the accused did not have any intention of causing any harm to others yet he would be held liable for the same. This was so because of his mistake harm was caused.
Following are the words used by Blackburn J. while propounding the rule: [3]
“We think that the rule of law is, that the person who for his own purposes brings on his lands and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, prima facie answerable for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the plaintiff’s default; or perhaps that the escape was the consequence of vis major, or the act of God: but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.”
Another important feature of Strict liability is that for the applicability of this rule the use of land should be non-natural.
- M.C. Mehta v. Union of India
The Doctrine of Absolute Liability was introduced in this case [4] by P.N. Bhagwati J.
- The defendant, Shri Ram Food and Fertilizer Industry belonging to Delhi Cloth Mills Ltd. produced dangerous chemicals.
- M.C. Mehta had already filed cases against this industry demanding closure of units of this industry.
- On December 4 the oleum gas leaked from one of the units of the industry.
- Many people lost their lives in this accident including an advocate practicing in the Tis Hazari Court.
- It is believed that the leakage was caused because of mechanical and human errors.
- not even two days after the accident there was another minor leakage of oleum gas from the connecting pipes.
- District Court ordered Shriram industry to stop their production of lethal gases and chemicals.
- M.C. Mehta filed a Public Interest Litigation (PIL) under Article 32 of the Indian Constitution.
It was the second case of leakage of toxic gas after the leakage of MIC gas from the Union Carbide plant in Bhopal within one year. The Supreme Court knew that if they applied the Doctrine of Strict liability which was laid down in Rylands v. Fletcher case then the industries involved in hazardous work will escape liability by using an exception to the rule of the strict article.
Therefore, the Apex Court decided to introduce a new rule which will align the Indian circumstances. It laid down the rule of Absolute liability which did not have exceptions available to a person under strict liability. The court held the defendant was liable under the rule of absolute liability.
The Court held that the petitioners could claim compensation for the same on behalf of the victims after filing an action in an appropriate court.
The Court, while justifying the rule gave the following two reasons:
- An industry knows all about its operations that are being carried out while producing commodities. It is, therefore, the industry’s responsibility to have resources and safeguards in case of any danger.
- When an industry is involved in a dangerous or hazardous activity for profit then it owes an obligation towards the public for their safeguard. Therefore, in case of an accident, it has to compensate for the sufferers.
Bhagwati C.J. while laying down the new principal gave the following statement: [5]
“We are of the view that an enterprise which is engaged in a hazardous or inherently dangerous industry which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding areas owes an absolute and non-delegable duty to the community to ensure that no harm results to anyone on account of hazardous or inherently dangerous activity which it has undertaken. The enterprise must be held to be under an obligation to provide that the hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards of safety and if any harm results on account of such activity, the enterprise must be absolutely liable to compensate for such harm and it should be no answer to the enterprise to say that it had taken all reasonable care and that the harm occurred without any negligence on its part.”
The Court gave the following statement as well: [6]
“Where an enterprise is engaged in hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in the escape of toxic gas, the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability under the rule of Rylands v. Fletcher.”
Enactment of Acts
Even after so many years of the accident people living in Bhopal, especially in the places near the plant, are still being affected till date. They haven’t escaped from the consequences of the accident yet. Even now, children who are being born have some kind of problem which is about the accident.
The Government to prevent future environmental hazards caused because of the actions of human beings has decided to implement laws that would protect the environment. Laws that would ensure that in case of disputes some authority is there for a speedy trial.
The Environment Protection Act, 1986
The Environment Protection Act was enacted in the year 1986 after 2 years of the Bhopal tragedy. The main purpose of the Act is to safeguard the environment and prevent future hazards. It is said to be implemented based on the United Nations Conference on the Human Environment held in Stockholm in June 1972.
The Act contains five chapters and twenty-six sections. This Act is concerned with the protection of the environment, human beings, plants and animals, and prevention of any kind of future hazard like Bhopal tragedy.
This Act is also known as an Umbrella Act because it makes the Union and the State work in coordination for the various other laws like the Water Act and the Air Act.
The National Green Tribunal Act, 2010
This Act provides speedy trial to the cases related to matters concerned with environmental protection. In case of any violation of environmental law, or case human beings require protection against the use of hazardous chemicals this Act is applicable. The main purpose of The National Green Tribunal Act is to provide speedy disposal of cases.
This Act has five chapters and thirty-eight sections. This owns its established to Article 21 of the Indian Constitution which provides for “Right to a healthy environment”.
The Factories Act
The Factories Act, 1948 was enacted before the Bhopal accident. But, the provisions of this Act are in favor of the workers involved in factories, industries, and mines. The main purpose of this Act is to ensure the welfare of the workers, to improve the working conditions for the workers and also, it provides special provisions for women and children involved in the factories.
The Public Liability Insurance Act, 1991
According to the Public Liability Insurance Act,1991 , a person can claim relief in case of an accident caused because of keeping any hazardous chemicals. The Act provides public liability insurance. This Act is based on “No-Fault Liability”. This means that it is the responsibility of the person to compensate for another irrespective of the fact that he was careful enough to avoid any kind of accident.
Widened scope of Article 21 of the Constitution of India
Article 21 of the Indian Constitution states that every person has a right to life and personal liberty. Unless a court order, a person cannot be deprived of this right. This Article is considered as the “mini-constitution”. It includes many other rights within itself like, Right to Privacy, Right to Shelter, Right to Information. The Apex Court of India has widened the scope of Article 21 from time to time and by making ‘Right to a clean and healthy environment’ a fundamental right it added more to its dimensions.
The Supreme Court in Subhash Kumar v. State of Bihar [7] held that the citizens of India have a fundamental right of living in a free pollution environment for their full enjoyment of life. This even compelled the local authorities to take measures to decrease the rate of pollution in their areas.
In Rural Litigation and Environment Kendra, Dehradun v. State of Uttar Pradesh [8] the Supreme Court admitted a Public Interest Litigation under Article 32 of the Indian Constitution and ordered some limestone quarries to close down their quarries. It was held that only those quarries which were fit for operating their business and caused less adverse effect could carry out their work. The fitness of a quarry was decided after an inspection.
Initially, there was no provision regarding the protection of the environment but with time, the Supreme Court realized its importance and incorporated it as a fundamental right. There are other provisions, too, in the Indian Constitution that direct the State and the citizens to protect the environment. These provisions include Article 39(b) , 47 , 48 , 49 , 48 A and 51 A (g) .
Amendment in Penalty
According to Section 15(1) of the Environment Protection Act, 1986 if a person violates any provision of the Environment Protection Act then he shall be punished with imprisonment for a term which may extend to 5 years, or with fine which may extend to one lakh rupees, or with both. And, in case the offender continues to violate the Act then he has to pay an additional fine of Rs 5000 every day from the date of conviction till he stops violating it.
Section 15(2) states that in case the violation continues beyond a period of one year then he can be punished with imprisonment for a term which may extend to 7 years.
Introducing New Legislative Rules
Hazardous rules, 2008.
The Hazardous Wastes (Management & Handling) Rules, 1989 was enacted under the Environment Protection Act, 1986 . Later on, it was amended in 2000 and then in 2003.
In 2008, the Hazardous Wastes (Management, Handling & Transboundary Movement) Rules, 2008 superseded the Hazardous Wastes, 1989 and its amendments.
The Hazardous Wastes (Management, Handling & Transboundary Movement) Rules, 2008 is concerned with the proper management in handling storing, collecting, and disposing of the ‘hazardous wastes’. The Schedule 1, 2 and 3 of the Rule divides hazardous wastes into different categories. The definition of ‘hazardous wastes’ under this Rule does not include exhaust gases, biomedical wastes, wastewater, etc.
Chemical Accident Rules 1996
The production process of different commodities involves dealing with many dangerous chemicals. The use of these chemicals, if proper care and caution is not taken, involves a high-level risk in case of any mishap. Therefore, the government of India introduced Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules, 1996 , so that in case of any emergency people would know exactly what to do.
Under these rules a Central Crisis Group, State Crisis Group and a District Crisis Group were to be formed, and these groups would deal with chemical mishaps and provide guidance in dealing with the issue. A list of hazardous chemicals has also been mentioned in the Chemical Accident Rules, 1996 .
Conclusion
No matter how many years have passed, the aftermath of the Bhopal tragedy can still be seen today. Even after holding UCC liable the loss of those people who lost their lives and the ones who are still suffering cannot be measured. Though it is important for the government to promote globalization it should ensure that there are no risks involved. Also, it is the need of the hour that the laws made are implemented in the best way possible because nothing is more important than the lives of the people.
References
- A.I.R. 1990 S.C. 273 .
- (1868) LR 3 HL 330 .
- A.I.R. 1987 S.C. 1086 .
- (1991) 1 SCC 598 .
- 1985 A.I.R. 652, 1985 SCR (3) 169 .
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Case Studies
Case study: bhopal gas tragedy (1983-84).
Dr. Rhyddhi Chakraborty Programme Leader (Health and Social Care), London Churchill College, UK Email: [email protected]
What follows is a synopsis of the full article found in featured articles.
Please read the featured article Lesson from Bhopal Gas Tragedy (1983-84) By Dr. Rhyddhi Chakraborty Programme Leader (Health and Social Care), London Churchill College, UK describes in detail the elements of the Bhopal Gas Tragedy
Union Carbide India Limited (UCIL)
In 1970, in the North adjacent to the slums and railway station, a pesticide plant was set up by Union Carbide India Limited (UCIL). From late 1977, the plant started manufacturing Sevin (Carbaryl) by importing primary raw materials, viz. alpha-naphtol and methyl isocyanate (MIC) in stainless steel drums from the Union Carbide's MIC plant in USA. However, from early 1980, the Bhopal plant itself started manufacturing MIC using the know-how and basic designs supplied by Union Carbide Corporation, USA (UCC). The Bhopal UCIL facility housed three underground 68,000 liters liquid MIC storage tanks: E610, E611, and E619 and were claimed to ensure all safety from leakage.
Time Line of Occupational Hazards of the Union Carbide India Limited Plant Leading Before the Disaster
• 1976: Local trade unions complained of pollution within the plant. • 1980: A worker was reported to have accidentally been splashed with phosgene while carrying out a regular maintenance job of the plant's pipes. • 1982 (January): A phosgene leak exposed 24 workers, all of whom were admitted to a hospital. Investigation revealed that none of the workers had been ordered to wear protective masks. • 1982 (February): An MIC leak affected 18 workers. • 1982 (August): A chemical engineer came into contact with liquid MIC, resulting in burns over 30 percent of his body. • 1982 (October): In attempting to stop the leak, the MIC supervisor suffered severe chemical burns and two other workers were severely exposed to the gases. • 1983-1984: There were leaks of MIC, chlorine, monomethylamine, phosgene, and carbon tetrachloride, sometimes in combination.
In early December 1984, most of the Bhopal plant's MIC related safety systems were not functioning and many valves and lines were in poor condition. In addition, several vent gas scrubbers had been out of service as well as the steam boiler, intended to clean the pipes. For the major maintenance work, the MIC production and Sevin were stalled in Bhopal plant since Oct. 22, 1984 and major regular maintenance was ordered to be done during the weekdays’ day shifts.
The Sevin plant, after having been shut down for some time, had been started up again during November but was still running at far below normal capacity. To make the pesticide, carbon tetrachloride is mixed with methyl isocyanate (MIC) and alpha-naphthol, a coffee-colored powder that smells like mothballs. The methyl isocyanate, or MIC, was stored in the three partly buried tanks, each with a 15,000-gallon capacity.
During the late evening hours of December 2, 1984, whilst trying to unclog, water was believed to have entered a side pipe and into Tank E610 containing 42 tons of MIC that had been there since late October. Introduction of water into the tank began a runaway exothermic reaction, which was accelerated by contaminants, high ambient temperatures and other factors, such as the presence of iron from corroding non-stainless steel pipelines.
A Three Hour Time Line of the Disaster
December 3, 1984 12:40 am: A worker, while investigating a leak, stood on a concrete slab above three large, partly buried storage tanks holding the chemical MIC. The slab suddenly began to vibrate beneath him and he witnessed at least a 6 inche thick crack on the slab and heard a loud hissing sound. As he prepared to escape from the leaking gas, he saw gas shoot out of a tall stack connected to the tank, forming a white cloud that drifted over the plant and toward nearby neighborhoods where thousands of residents were sleeping. In short span of time, the leak went out of control.
December 3, 1984 12:45 am: The workers were aware of the enormity of the accident. They began to panic both because of the choking fumes, they said, and because of their realization that things were out of control; the concrete over the tanks cracked as MIC turned from liquid to gas and shot out the stack, forming a white cloud. Part of it hung over the factory, the rest began to drift toward the sleeping neighborhoods nearby.
December 3, 1984 12:50 am: The public siren briefly sounded and was quickly turned off, as per company procedure meant to avoid alarming the public around the factory over tiny leaks. Workers, meanwhile, evacuated the UCIL plant. The control room operator then turned on the vent gas scrubber, a device designed to neutralize escaping toxic gas. The scrubber had been under maintenance; the flow meter indicated there was no caustic soda flowing into the device. It was not clear to him whether there was actually no caustic soda in the system or whether the meter was broken. Broken gauges were not unusual at the factory. In fact, the gas was not being neutralized but was shooting out the vent scrubber stack and settling over the plant. December 3, 1984 1: 15- 1:30 am: At Bhopal’s 1,200-bed Hamidia Hospital, the first patient with eye trouble reported. Within five minutes, there were a thousand patients. Calls to the UCIL plant by police were twice assured that "everything is OK", and on the last attempt made, "we don't know what has happened, sir". In the plant, meanwhile, MIC began to engulf the control room and the adjoining offices.
December 3, 1984 3:00 am: The factory manager, arrived at the plant and sent a man to tell the police about the accident because the phones were out of order. The police were not told earlier because the company management had an informal policy of not involving the local authorities in gas leaks. Meanwhile, people were dying by the hundreds outside the factory. Some died in their sleep. Others ran into the cloud, breathing in more and more gas and dropping dead in their tracks.
Immediate Consequences
With the lack of timely information exchange between Union Carbide India Limited (UCIL) and Bhopal authorities, the city's Hamidia Hospital was first told that the gas leak was suspected to be ammonia, then phosgene. They were then told that it was methyl isocyanate (MIC), which hospital staff had never heard of, had no antidote for, and received no immediate information about. The gas cloud, composed mainly of materials denser than air, stayed close to the ground and spread in the southeasterly direction affecting the nearby communities. Most city residents who were exposed to the MIC gas were first made aware of the leak by exposure to the gas itself.
Subsequent Actions
Formal statements were issued that air, water, vegetation and foodstuffs were safe, but warned not to consume fish. The number of children exposed to the gases was at least 200,000. Within weeks, the State Government established a number of hospitals, clinics and mobile units in the gas-affected area to treat the victims.
Legal proceedings involving UCC, the United States and Indian governments, local Bhopal authorities, and the disaster victims started immediately after the catastrophe. The Indian Government passed the Bhopal Gas Leak Act in March 1985, allowing the Government of India to act as the legal representative for victims of the disaster, leading to the beginning of legal proceedings.
Initial lawsuits were generated in the United States federal court system in April 1985. Eventually, in an out-of-court settlement reached in February 1989, Union Carbide agreed to pay US$470 million for damages caused in the Bhopal disaster. The amount was immediately paid.
Post-settlement activity
UCC chairman and CEO Warren Anderson was arrested and released on bail by the Madhya Pradesh Police in Bhopal on 7 December 1984. Anderson was taken to UCC's house after which he was released six hours later on $2,100 bail and flown out on a government plane. Anderson, eight other executives and two company affiliates with homicide charges were required to appear in Indian court.
In response, Union Carbide said the company is not under Indian jurisdiction. In 1991, the local Bhopal authorities charged Anderson, who had retired in 1986, with manslaughter, a crime that carries a maximum penalty of 10 years in prison. He was declared a fugitive from justice by the Chief Judicial Magistrate of Bhopal on 1 February 1992 for failing to appear at the court hearings in a culpable homicide case in which he was named the chief defendant. Orders were passed to the Government of India to press for an extradition from the United States. From 2014, Dow is a named respondent in a number of ongoing cases arising from Union Carbide’s business in Bhopal.
A US Federal class action litigation, Sahu v. Union Carbide and Warren Anderson, had been filed in 1999 under the U.S. Alien Torts Claims Act (ATCA), which provides for civil remedies for "crimes against humanity." It sought damages for personal injury, medical monitoring and injunctive relief in the form of clean-up of the drinking water supplies for residential areas near the Bhopal plant. The lawsuit was dismissed in 2012 and subsequent appeal denied. Anderson died in 2014.
Long-term Health Effects
A total of 36 wards were marked by the authorities as being "gas affected," affecting a population of 520,000. Of these, 200,000 were below 15 years of age, and 3,000 were pregnant women. The official immediate death toll was 2,259, and in 1991, 3,928 deaths had been officially certified. The government of Madhya Pradesh confirmed a total of 3,787 deaths related to the gas release. Later, the affected area was expanded to include 700,000 citizens. A government affidavit in 2006 stated the leak caused 558,125 injuries including 38,478 temporary partial injuries and approximately 3,900 severely and permanently disabling injuries.
Ethical Negligence
The Corporate Negligence Argument: This point of view argues that management (and to some extent, local government) underinvested in safety, which allowed for a dangerous working environment to develop.
Safety audits: In September 1984, an internal UCC report on the West Virginia plant in the USA revealed a number of defects and malfunctions. It warned that "a runaway reaction could occur in the MIC unit storage tanks, and that the planned response would not be timely or effective enough to prevent catastrophic failure of the tanks". This report was never forwarded to the Bhopal plant, although the main design was the same.
The Disgruntled Employee Sabotage Argument: Now owned by Dow Chemical Company, Union Carbide maintains a website dedicated to the tragedy and claims that the incident was the result of sabotage, stating that sufficient safety systems were in place and operative to prevent the intrusion of water.
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The main effects of the Bhopal Gas Tragedy are as follows: Thousands had died as a result of choking, pulmonary edema, and reflexogenic circulatory collapse. Neonatal death rates increased by 200 percent. A huge number of animal carcasses have been discovered in the area, indicating the impact on flora and animals.
Case study for Bhopal Gas Tragedy. Amina Sharif. 19SCO3PH015. 1.0 Introduction: Bhopal disaster, chemical leak in 1984 in the city of Bhopal, Madhya Pradesh state, India. At the time, it was ...
Bhopal disaster, chemical leak in 1984 in the city of Bhopal, Madhya Pradesh state, India. At the time, it was called the worst industrial accident in history. On December 3, 1984, about 45 tons of the dangerous gas methyl isocyanate escaped from an insecticide plant that was owned by the Indian subsidiary of the American firm Union Carbide ...
Legal Consequences of Bhopal Gas Tragedy: The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985: Soon after the man-disaster, noticing the multitude of the suits arising out of the incident, the Indian parliament has passed the Bhopal Gas Leak Disaster (Processing of Claims) Act on 29th March 1985. This Act confers the government to ...
Know: Background, The Gas Disaster, Immediate effects, Cause of Leakage, Litigation, Enactment of Acts, Amendment in Penalty of the Bhopal Gas Tragedy.
1. Introduction Although the immediate health effects of the Bhopal gas disaster are undisputed (the deaths of many thousands of citizens) the long term sequelae are poorly understood. This case study describes an epidemiological survey which aimed to establish the existence (or otherwise), nature and extent of chronic respiratory disease attributable to gas exposure in 1984. In addition, the ...
Case Study: Bhopal Gas Tragedy (1983-84) Posted by WMM1942 on September 4, 2018 at 5:34pm Dr. Rhyddhi Chakraborty Programme Leader (Health and Social Care), London Churchill College, UK Email: [email protected] What follows is a synopsis of the full article found in featured articles.
The Tragedy. On December 3 1984, Bhopal: MIC, a major component for the production of the pesticide Sevin escaped from Union Carbide's plant. 2000 died immediately. 50,000 permanent disabilities. 300,000 injured.
The Bhopal disaster or Bhopal gas tragedy was a chemical accident on the night of 2-3 December 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh, India. In what is considered the world's worst industrial disaster, [3] over 500,000 people in the small towns around the plant were exposed to the highly ...
MIC was a major component for the production of the pesticide Sevin by the Union Carbide factory at Bhopal. This incident we now refer to as the Bhopal Gas Tragedy is one of the worst commercial industrial disasters in history. It is described as a low probability‐high consequence accident.
Abstract: Bhopal gas Tragedy is one of the biggest process industry disaster in the world. It occurred on 2-3 December 1984 in BHOPAL. It leads to several thousand deaths and more than 500,000 people being exposed to MIC and other hazardous chemicals and causing a disaster which is sometimes referred to as the world's worst industrial disaster. In this paper author provides a case study on ...
Nearly 39 years after a gas from a pesticide factory poisoned tens of thousands of people in Bhopal, India, a new study finds that it also had health and economic impacts on men born a year later.
This article gave you a complete Bhopal gas tragedy summary with the reason behind Bhopal disaster with its case study, causes and effect in detail. The key points that you need to remember:
In this case study, Vaidya highlights the leadership failures that led to the Bhopal Gas Tragedy, highlighting weak oversight at the pesticide plant, the overarching corporation, and government officials in disaster response.
BHOPAL GAS TRAGEDY: CASE STUDY Bhopal has a population of about 1.8 million and is the capital of the Indian state of Madhya Pradesh (Central India). Bhopal is most well-known for the massive chemical leak that happened on the night of 3rd December 1984. The leak happened at a pesticide factory owned by the US company Union Carbide. Methyl isocyanate was released into the atmosphere during the ...
Metadata. This report provides an overview of the Bhopal Gas disaster which occurred at the Union Carbide pesticide production plant in India in 1984. A large amount of Methyl Isocyanate (MIC) was released from tank 610 within the facility, a failure of safety and alarm systems allowed the gas cloud spread and kill thousands of people resulting ...
Recently, a research study on congenital deformities in children born to women exposed to the 1984 gas leak in Bhopal was stopped from being published by an expert committee on the grounds of methodological flaws, poor design and inconclusive finding
Kartiki Vaidya's Case Study on the Bhopal Gas Tragedy. In 1984, the toxic compound methyl isocyanate leaked from a local pesticide plant in Bhopal, India, causing a mass casualty incident. The event affected over 500,000 people, leading to thousands of deaths and long-term illnesses. Vulnerable populations, including women, children, the ...
The Madhya Pradesh government, with the Centre's financial support, has decided to begin disposing of 336 tonnes of toxic waste from the Union Carbide plant in Bhopal, almost 40 years after the gas leak tragedy that officially claimed around 4,000 lives and scarred thousands of survivors with serious ailments and disabilities.
Bhopal gas Tragedy: A safety case study. This report provides an overview of the Bhopal Gas disaster which occurred at the Union Carbide pesticide production plant in India in 1984. A large amount of Methyl Isocyanate (MIC) was released from tank 610 within the facility, a failure of safety and alarm systems allowed the gas cloud spread and ...
Colloquially, it is called "Bhopal ka kachda". Its fate has been the subject of heated discussions in street protests, court battles, and corporate boardrooms for over two decades. Beyond compensation struggles, the toxic waste embodies a more fundamental fight at the heart of the 1984 Bhopal gas tragedy: environmental remediation.