BHOPAL GAS TRAGEDY

The Bhopal disaster, also referred to as the Bhopal gas tragedy, was a gas leak incident on the
night of 2–3 December 1984 at the Union Carbide India Limited (UCIL) pesticide plant
in Bhopal, Madhya Pradesh, India. It is considered to be the world's worst industrial disaster.
Over 500,000 people were exposed to methyl isocyanate (MIC) gas. The highly toxic substance
made its way into and around the small towns located near the plant.
Estimates vary on the death toll. The official immediate death toll was 2,259. In 2008,
the government of Madhya Pradesh had paid compensation to the family members of 3,787
victims killed in the gas release, and to 574,366 injured victims. A government affidavit in 2006
stated that the leak caused 558,125 injuries, including 38,478 temporary partial injuries and
approximately 3,900 severely and permanently disabling injuries. Others estimate that 8,000 died
within two weeks, and another 8,000 or more have since died from gas-related diseases. The cause
of the disaster remains under debate. The Indian government and local activists argue that slack
management and deferred maintenance created a situation where routine pipe maintenance caused
a backflow of water into a MIC tank, triggering the disaster. Union Carbide Corporation (UCC)
argues water entered the tank through an act of sabotage.
The owner of the factory, UCIL, was majority owned by UCC, with Indian Government-
controlled banks and the Indian public holding a 49.1 percent stake. In 1989, UCC paid $470
million (equivalent to $845 million in 2018) to settle litigation stemming from the disaster. In
1994, UCC sold its stake in UCIL to Eveready Industries India Limited (EIIL), which
subsequently merged with McLeod Russel (India) Ltd. Eveready ended clean-up on the site in
1998, when it terminated its 99-year lease and turned over control of the site to the state
government of Madhya Pradesh. Dow Chemical Company purchased UCC in 2001, seventeen
years after the disaster.

ENVIRONMENT PROTECTION ACT, 1986

Environment Protection Act, 1986 is an Act of the Parliament of India. In the wake of
the Bhopal Tragedy, the Government of India enacted the Environment Protection Act of 1986
under Article 253 of the Constitution. Passed in March 1986, it came into force on 19 November
1986. It has 26 sections and 4 chapters. The purpose of the Act is to implement the decisions of
the United Nations Conference on the Human Environment. They relate to the protection and
improvement of the human environment and the prevention of hazards to human beings, other
living creatures, plants and property. The Act is an “umbrella” legislation designed to provide a
framework for central government coordination of the activities of various central and state
authorities established under previous laws, such as the Water Act and the Air Act.
This act was enacted by the Parliament of India in 1986. As the introduction says, "An Act to
provide for the protection and improvement of environment and for matters connected there
with: WHEREAS the decisions were taken at the United Nations Conference on the Human
Environment held at Stockholm in June, 1972, in which India participated, to take appropriate
steps for the protection and improvement of human environment. AND WHEREAS it is
considered necessary further to implement the decisions aforesaid in so far as they relate to the
protection and improvement of environment and the prevention of hazards to human beings,
other living creatures, plants and property”. This was due to Bhopal Gas Tragedy which was
considered as the worst industrial tragedy in India.
WILDLIFE PROTECTION ACT, 1972
The Wildlife Protection Act, 1972 is an Act of the Parliament of India enacted for protection of
plants and animal species. Before 1972, India had only five designated national parks. Among
other reforms, the Act established schedules of protected plant and animal species; hunting or
harvesting these species was largely outlawed. The Act provides for the protection of wild
animals, birds and plants; and for matters connected there with or ancillary or incidental thereto.
It extends to the whole of India. It has six schedules which give varying degrees of protection.
Salient features of this Act
Protection to some endangered plants like Beddome cycad, Blue Vanda, Ladies Slipper Orchid,
Pitcher plant etc. is also provided under the Act. The Act provides for setting up of National
Parks, Wildlife Sanctuaries etc. The Act provides for the constitution of Central Zoo Authority.

WATER (PREVENTION & CONTROL OF POLLUTION ACT 1974)

This is an Act to provide for the prevention and control of water pollution and the maintaining or
restoring of wholesomeness of water through various management guidelines and restrictions.
The act was introduced and incorporated into the Constitution of India in 1974.

One of the prime objectives of this act is carrying out the purposes mentioned above by
assigning a set of responsibilities, powers, and functions to the Boards for the prevention and
control of water pollution.

The Water Act applies in the first instance to the whole of the States of Assam, Bihar, Gujarat,
Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, and
Rajasthan, Tripura and West Bengal and the Union territories.

The act was passed in pursuance of clause (1) of article 252 of the Constitution. Resolutions
have been passed by all the Houses of the Legislatures of the States.

Key Points of Water Act 1974

Water Act 1974 aims to prevent and control water pollution.

Under Water Act, 1974, pollution control boards were created, who are responsible for
implementation of its provisions.
One of the important provision of the Water Act, 1974 is to maintain and restore the
‘wholesomeness’ of our aquatic resources.
Under Water Act 1974, Sewage or pollutants cannot be discharged into water bodies including
lakes and it is the duty of the state pollution control board to intervene and stop such activity.
Anyone failing to abide by the laws of under is liable for imprisonment under Section 24 &
Section 43 ranging from not less than one year and six months to six years along with monetary
fines.

AIR (PREVENTION & CONTROL OF POLLUTION ACT 1974)

An Act to provide for the prevention, control and abatement of air pollution, for the

establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on
and assigning to such Boards powers and functions relating thereto and for matters connected
therewith.
The main objectives of the Act are as follows:

(a) To provide for the prevention, control and abatement of air pollution. (b) To provide for the

establishment of central and State Boards with a view to implement the Act.(c) To confer on the

Boards the powers to implement the provisions of the Act and assign to the Boards functions

relating to pollution. Air pollution is more acute in heavily industrialized and urbanized areas,

which are also densely populated. The presence of pollution beyond certain Limits due to

various pollutants discharged through industrial emission is monitored by the PCBs set up in

every state.

MAHARASHTRA POLLUTION CONTROL BOARD

The Maharashtra Pollution Control Board (Marathi: महाराष्ट्र प्रदूषण नियंत्रण मंडळ) (established 7

September 1970) implements a range of environmental legislation in the state
of Maharashtra, India. The MPCB functions under the administrative control of Environment
Department of the Government of Maharashtra.

It is mainly responsible for:

 Water (Prevention and Control of Pollution) Act, 1974,

 Air (Prevention and Control of Pollution) Act, 1981,
 Water (Cess) Act, 1977
 Some of the provisions under Environmental (Protection) Act, 1986 and the
rules framed under this like:
o Biomedical Waste (M&H) Rules, 2016,
o Hazardous Waste (M&H) Rules, 2016,
o Municipal Solid Waste Rules, 2016 etc.
It was established under the provisions of Maharashtra Prevention of Water Pollution Act, 1969.
Some of the important functions of MPCB are;

 To plan comprehensive program for the prevention, control or abatement of

pollution and secure executions thereof,
 To collect and disseminate information relating to pollution and the
prevention, control or abatement thereof,
 To inspect sewage or trade effluent treatment and disposal facilities, and air
pollution control systems and to review plans, specification or any other data relating to the
treatment plants, disposal systems and air pollution control systems in connection with the
consent granted,
 Supporting and encouraging the developments in the fields of pollution
control, waste recycle reuse, eco-friendly practices etc.
 To educate and guide the entrepreneurs in improving environment by
suggesting appropriate pollution control technologies and techniques
 Creation of public awareness about the clean and healthy environment and
attending the public complaints regarding pollution.