Annexure 1

Dissertation as part of project component in Environmental Law Submitted to VIT

School of Law, VIT, Chennai, as requirement for project

By

JETTY SUSHITHA – 18BLB1001

NERATI RAMARJUN SUSHMA – 18BLA1046

ASHLIN CHRISTO P R - 18BLB1036

AKILANANTH – 18BLB1014

Under the supervision of

Prof. Arun Devraj

VIT School of Law, VIT

Chennai (2022)
Annexure 2

DECLARATION

I, Jetty Sushitha, Nerati Ramarjun Sushma, Ashlin Christo, Akilananth, Students of

B.A.,/B.B.A., LL.B (Honours), hereby declare that the dissertation titled “Bhopal Gas
Tragedy 2022” as part of project component in Environmental Law is submitted by us to
VITSOL, VIT, Chennai as requirement for the award of degree of B.A., / B.B.A., LL.B
(Honours) is my original work.

It is further declared that all the sources of information used in the dissertation have been
duly acknowledged. I understand that the dissertation may be electronically checked for
plagiarism to assess the originality of the submitted work.

Place: Chennai, Tamil Nadu

Date: 20/04/2022 (Signature of the student)

 ACKNOWLEDGMENT

I would like to express my gratitude and appreciation to all those who gave me the possibility
to complete this report. Special thanks to my professor Arun D Raj whose help, stimulating
suggestions and encouragement helped me at the time of the fabrication process and in
writing this report. I also sincerely thank him for the time spent guiding and moulding me to
do this work at my best.

My profound thanks go to all classmates, especially to my group members for putting it just
as much effort and making this project successful.
ABBREVATIONS

UCC UNION CARBIDE CORPORATION

UCIL UNION CARBIDE INDIA LTD

U/A UNDER ARTICLE

PIL PUBLIC INTEREST LITIGATION

HPCL HINDUSTAN PETROLEUM CORPORATION LTD

MIC METHYL ISOCYANATE

EPA ENVIRONMENTAL PROTECTION ACT

MPSG THE MADHYA PRADESH STATE GOVERNMENT

NGT NATIONAL GREEN TRIBUNAL

IMCB INTERNATIONAL MEDICAL COMMISSION ON

BHOPAL
 TABLE OF CASES

1. UNION CARBIDE CORPORATION VS UNION OF INDIA

2. RYLAND VS FLETCHER

3. PANNALAL JANAKIDAS VS MOHANLAL AND OTHERS

4. M/S STAR PACKAGING VS INDIAN OIL CORPORATION LIMITED

5. LG POLYMERS INDIA PRIVATE LTD VS ANDHRA PRADESH

POLLUTION CONTROL

TABLE OF CONTENTS
CHAPTER I

1.1. STATEMENT OF PROBLEM

1.2. OBJECTIVE
1.3. SCOPE
1.4. HYPOTHESIS
1.5. RESEARCH METHODOLOGY
1.6. ABSTRACT

CHAPTER II

2.1. BACKGROUND
2.2. FACTS
2.3. ARGUMENTS
2.4. PROVISIONS
2.5. JUDGEMENT
2.6. AFTERMAT

CHAPTER III

3.1. UCIL- UNION CARBIDE INDIA LIMITED

3.2. TOXICOLOGY OF METHYL ISOCYANATE
3.3. IMCB- INTERNATIONAL MEDIVAL COMMISSION ON BHOPAL
3.4. ATTRIBUTED DISEASES TO THE GAS EXPOSURE
3.5, STATISTICAL REPORT

CHAPTER IV

4.1. PROVISIONS, REGULATIONS AND INSPECTION

4.2. USAGE OF CHEMICALS
4.3. EFFECT ON THE AREA AND PEOPLE
4.4. ESTABLISHMENT OF INDUSTRIES
CHAPTER V

5.1. BETTER OR WORSE

5.2. CONCLUSION
 1

CHAPTER 1

1.1 STATEMENT OF PROBLEM

Bhopal Gas Tragedy happened in the year 1984. What would happen if it were to happen in the year
2022 where we have introduced many measures and laws to cover such industrial disasters. This
paper will present every scenario that would change if the same would’ve happened in 2022.

1.2 OBJECTIVE

When the Bhopal Gas Tragedy happened it was said to be one of the worst disasters ever faced. Was
it because they didn’t have adequate measures or because there weren’t enough provisions regulating
the industries is the question. Since then we have evolved a lot so this paper gives a view on how
much evolution we have come over and whether we can avoid or stop such industrial disasters after
all these years.

1.3 SCOPE

The scope of this paper will go the extent that every aspect before and after Bhopal Gas Tragedy will
be discussed and also uses the existing laws, Acts, provisions in order to determine whether we are
safe from such type of disasters. It also discusses about the precedents, cases in detailed where such
industrial disasters occurred. It also talks about the PILs, jurisdictional issues,

1.4 HYPOTHESIS

The major problem with Bhopal Gas Tragedy was the negligence in the maintenance of the industry,
proper working conditions and safety measures which the workers weren’t taught about. Unlike then
now we have all these three, so the situation might not even have arisen in 2022 but ruling out that
possibility the research is done.

1.5 RESEARCH METHODOLOGY

The research done is done in doctrinal method as analysing the situation in the past and in the present
requires such methodology.

1.6 ABSTRACT

India have seen many industrial disasters like Bhopal gas tragedy, Bombay docks explosion 1, Jaipur
oil depot fire2, Mayapuri radiological accident, Korba chimney collapse, Vizag HPCL refinery blast 3,
Nagaram GAIL pipeline explosion, Bhilai steel plant gas leak, Tughlakabad gas leak and many more
that have collapsed the economy , brought changes to the rusted environmental laws and had changed

1
Pannalal Janakidas v. Mohanlal & ors, 1951 AIR 144, 1950 SCR 979
2
m/S star packaging v. Indian Oil Corporation Ltd,
3
LG polymers India Private Ltd v. Andhra Pradesh Pollution Control,
 2

the scope of environmental law. The limelight will be on Bhopal Gast Tragedy compared to other
industrial disasters. In this project we will be discussing about what can be done and what could’ve
been done and how the situation is different now from back then and common factors, judiciary
involvement, amendments, enactments and many more including but not restricted to after effects of
such disasters, reliefs awarded, background stories etc. Through this paper we can see how developed
and globalized we are right now that is after 37 years of the Bhopal Gas Tragedy.

CHAPTER 2

2. INTRODUCTION

India has seen many industrial disasters from over the years and has been able to stand out every time.
The list of these disasters that we have faced in the past years is really long but since then we have
been trying to upgrade ourselves in such a way that we are ready to face the next. During the 20 th
century globalization all over gave rise to establishment of as many private industries as possible.
Because of such industries only we are where we are now. Majority of the industries during 20 th
century concentrated on the production more than anything. There were no proper laws to even
regulate them. The chemicals they use to make the products and the pollution caused, nothing had a
proper inspection nor rules other than some basic restrictions because everyone wanted profits more
than anything. One such industry is Union Carbide India Ltd which manufactures many products
including pesticides. The Bhopal Gas Tragedy also known as Union Carbide case 4

2.1 BACKGROUND

UCIL is situated in Bhopal and is a subsidiary of Union Carbide Corporation (UCC). Bhopal was
chosen to be the place where the industry is going to be located as it suits the company. The pesticide
that was being manufactured is seven which contains Methyl Isocyanate (MIC) which when mixed
with water is harmful to humans and other animals. 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% share5.

2.2 FACTS

On the early morning of 3rd December 1984, the tank used to contain methyl isocyanate got pressured
and got mixed with the water. Methyl isocyanate when mixed with the water becomes highly
contagious. Due to the leak gas spread across the area and the residents started coughing and

4
Union Carbide Corporation vs Union Of India Etc, 1990 AIR 273, 1989 SCC (2) 540

5
Ayushma Sharma, https://blog.ipleaders.in/bhopal-gas-tragedy-case-study-2 (last visited 18 Apr, 2022)
 3

experiencing inconvenience . All the residents started rushing to hospitals even the doctors didn’t
know the cause of that at the time of treating except that it is caused due to some leak. There weren’t
enough health care facilities and equipment to treat the patients. Many people died within hours of the
gas spread while some experienced severe respiratory problems. As many as 4000 people were killed
instantly as there were slums near the factory, there were also factory workers who died. Excluding
the deaths people suffered from chronic diseases from the day of the disaster to many years later. The
main company that is UCC tried to say that the fault is on UCIL and that UCC is not liable for the
damage caused.

2.3 ARGUMENTS

As the UCC pointed out that its UCIL that is at fault the government blamed UCC as there weren’t
enough safety measures taken inside the plant and also the workers weren’t provided proper
equipment. The tank in which they store methyl isocyanate was to be changed but they did not. Even
before this there were minor leaks in the factory which weren’t taken care adequately. There were no
emergency protection plans as to face these type of situations when arise. The plant was vaguely
working to produce more pesticides and profits. The workers were very negligent and there was no
supervisor to even guide the workers during nights.

2.4 PROVISIONS

Back then there were very few provisions related to these kind of disasters. The court applied the
principle of absolute liability6 while evaluating this case. The principle of absolute liability holds the
personal in charge liable although it is not their direct mistake that the damage is caused.

2.5 JUDGEMENT

After everything the Indian court declared that compensation should be paid by UCC based on the
principle strict liability. The compensation was said to be around $450 million. They had to look into
the case M C Mehta vs Union of India7 to arrive at a conclusion. More than 200 crores was awarded
as compensation to the victims individually depending on the affect caused. The government was the
sole representative of the victims. Around 5 lakh people were compensated. This Bhopal gas tragedy
was a major event that opened the eyes of legislators to bring new enactments and provisions . Even
before this disaster, legislation such as the Water Act of 1974 and the Air Act of 1981 existed, but the
Environmental Protection Agency (EPA) offers an umbrella for the Federal Government to coordinate
the many state and central authorities established under these earlier laws. As a result, it would not be
incorrect to assert that if the necessary legislative framework had been in place, either this tragedy
would not have occurred or the people's sufferings would have been alleviated. The accused UCC's

6
Ryland v. Fletcher, 1868 LR 3 HL 330
7
1987 AIR 1086, 1987 SCR (1) 819
 4

CEO has died, and the litiga8tion against him has been dropped for good. Thousands of people died as
a consequence of a lack of effective and sufficient laws, leaving many others to suffer and live in
anguish as a result of the catastrophe.

2.6 AFTER MATH

The after math of Bhopal Gas Tragedy was worse cause the effect the gas caused were inevitable
which got immersed into the water, soil and air. It affected for around 10 years even after the disaster.
The new born children were born with many impairability, the pregnant women had suffered from
uncurable diseases. The compensation wasn’t even enough and some families couldn’t receive the
compensation at all. To even file a case they were illiterates and the costs to have a lawyer from their
side wasn’t bearable by them.

CHAPTER 3

3.1 UCIL – UNION CARBIDE INDIA LIMITED

In 1934, Union carbide India Ltd was founded as a diversified manufacturing firm. When Union
Carbide Corporation (UCC) bought shares in UCIL in 1934 and it became one of the first American
corporations to invest in India. UCIL had 14 factories in five divisions and employed approximately
9,000 people during the height of its operations. The UCIL 's yearly revenues were about $200
million, and the shares of the company were publicly traded on the Calcutta Stock Exchange, with
UCC controlling little over half of the stock. Thousands of Indian individual investors and Indian
financial institutions were among the other stakeholders. In 1969, the Bhopal plant which is located in
the central Indian state of Madhya Pradesh, was erected and a production facility was added in
1979.For the use of the pesticides in India a factory was developed, in order to help the country's
agricultural sector enhance production and contribute more significantly to satisfying one of the
world's most densely populated regions' food needs. In December 1984 after the gas leak, the plant
was never able to resume normal operations. 8

UCIL was responsible for the design, engineering, and building of the Bhopal plant. The project took
eight years to finish (from 1972 to 1980). UCIL and large Indian engineering firms contributed
hundreds of Indian engineers and designers, as well as dozens of Indian subcontractors and thousands
of Indian construction labourers. The Bhopal plant was not designed, built, or operated by UCC. The
decisions about the plant's design, construction and operation was made by the UCIL or they were
mandated by Government of India regulations and directives. In India the plant has been established
and maintained by Indians ," the United States Court of Appeals for the Second Circuit in New York

8
2022. [online] Available at: <https://www.bhopal.com/document/mp-press-release-re-bhopal.pdf> [Accessed
22 April 2022].
 5

stated in dismissing the Bhopal gas disaster litigation in the United States in 1987. "UCC's role was
limited, and its engagement in plant operations ended long before the [1984] catastrophe," the Court
said. Individuals "dwelling near the Bhopal plant may easily have suffered horrific and enduring harm
from the entirely preventable calamity for which someone is liable," the United States Court of
Appeals for the Second Circuit stated in a 2013 ruling regarding alleged pollution at the plant site.

UCC sold its whole ownership in UCIL to Calcutta-based Mcleod Russel India Limited in 1994,
which renamed the company Eveready Industries India Limited (EIIL), which is still one of India's
largest battery and flashlight makers today. The $90 million in earnings from the UCIL sale were put
into a trust and used solely to establish a hospital in Bhopal that would give specialised care to victims
of the disaster. The Madhya Pradesh State Government (MPSG), which owned and leased the land to
EIIL, terminated the lease in 1998, took over the facility, and assumed full responsibility for the site,
including any rehabilitation.

3.2 TOXICOLOGY OF METHYL ISOCYANATE

MIC (methyl isocyanate) is a volatile when it combined with air, colourless liquid that is exceedingly
flammable and potentially explosive. When MIC combines with water, it produces heat as well as
methylamine and carbon dioxide. It is toxic when inhaled, ingested, or exposed to the eyes or skin, the
liquid and vapour. In 1984, The Bhopal tragedy occurred and when a cloud of MIC gas was released,
it killed almost 3,800 people who lived near the Union Carbide India Limited factory in Bhopal,
India. It was reported in 2012 and published by The National Academies of Sciences, Engineering,
and Medicine. At Bayer CropScience, we use and store Methyl Isocyanate (MIC). The chemical
engineering community had used the process safety management ,a methodology for controlling
hazards across a facility or organization to reduce the frequency or consequences of an accident is a
standard practice required by the Occupational Safety and Health Administration. The goal of process
safety is a systematic approach to safety that involves the proactive identification, evaluation,
mitigation, or prevention of chemical releases that might occur as a result of failures in the process,
procedures, or equipment. Process Safety Management ensures that facilities consider multiple
options for achieving a safe process, and carefully weigh the possible outcomes of each decision, and
In 1992 ,the Process Safety Management Standard, promulgated by the Occupational Safety and
Health Administration .9

To evaluate each of the choices for safer processing , Hierarchy of Hazard control is one of the
technique. Innate, passive, active, and procedural are the four tiers of hierarchy. Taking into account
these potential hazard control approaches can assist discover process design or modification choices
that will improve process safety.

 Substitute with others and Use less hazardous materials, chemistry, or methods.
9
2022. The Use and Storage of Methyl Isocyanate (MIC) at Bayer CropScience.
 6

 Minimize the Use of the fewest amount of hazardous materials possible for the process, and
limit the size of equipment operating in potentially hazardous situations such high
temperature or pressure.
 Decrease dangers by dilution, refrigeration, or process alternatives that run under less
hazardous circumstances.
 Simplify and Remove excessive complexity and create plants that are user-friendly.

3.3 IMCB – INTERNATIONAL MEDICAL COMMISSION ON BHOPAL 10

The major casualty of the Bhopal tragedy is the lack of knowledge, in addition to the large-scale loss
of life and ongoing health problems suffered by the victims. Bhopal has the terrible distinction of not
only being the worst, but also one of the least investigated big chemical disasters in the world.

The scientific and medical reaction to the disaster began in a social, political, and legal setting in
which no one had dealt with a big environmental release before. To understand the origins and
potential repercussions of the incident, scientific and medical experts required access to accident-
related and toxicologic data. Due to lawsuits and the threat of bankruptcy, Union Carbide, the
principal repository of this information, shut off its communication channels. On the other hand, due
to the great sensitivity of local and national government authorities to all elements of the tragedy, as
well as a lack of competence and funding, India's reaction to the community's immediate health care
requirements was inadequate.

The accident was hidden in secrecy as a result of these global political and legal repercussions, which
hampered the discovery of critical medical and toxicologic data. In its endeavours to grasp the links
between gas exposure and health and create appropriate treatment options, the medical profession was
dissatisfied. For example, a lack of knowledge about whether the major poison, methyl isocyanate,
could breakdown into lethal cyanide gas resulted in years of bitter dispute over whether or not the gas
victims should be treated for cyanide poisoning. This medical conundrum may have been solved in
two ways:

a) Union Carbide should have paid for an independent organisation to recreate the catastrophe
on a small scale in a controlled environment, such as the Hazardous Materials Spill Facility in the
Nevada desert. A situations like this would have revealed the reasons of the event, the chemicals
discharged, and how they entered and dispersed in the surrounding environment.

b) The Indian government should have done clinical trials to ascertain whether persons who
were exposed to cyanide poisoning developed cyanide poisoning and, if so, devise appropriate
treatment options. The potential to resolve this issue on a scientific foundation was lost because
10
Indiaenvironmentportal.org.in. 2022. [online] Available at:
<http://www.indiaenvironmentportal.org.in/files/International%20Medical%20Commission.pdf> [Accessed 22
April 2022].
 7

neither of these activities were carried out. The antidote for cyanide poisoning was on available in the
Bhopal hospitals, but it was not used.

In 1992 ,the Permanent Peoples' Tribunal met and suggested that an international medical committee
conduct an in-depth impartial review of the situation in Bhopal, recognising the acute need of the gas
victims. The International Medical Commission on Bhopal (IMCB) was formed as a result, with 14
medical experts from 12 nations selected based on their medical competence and experience in
environmental health, toxicology, immunology, and respiratory medicine. They had the support of the
Indian National Advisory Committee.

In Jan 1994 the IMCB visited India at the request of Carbide gas victim organisations to assist in any
way possible in the relief of the victims and to avoid catastrophic accident in future . Before starting
their work the IMCB informed the governments of India and Madhya Pradesh of their intention to
establish a temporary centre in Bhopal. The IMCB met the government officials, disaster experts,
local private physicians, biochemists, botanists, and veterinarians during their visit.

3.4 ATTRIBUTED DISEASES TO THE GAS EXPOSURE

 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.

3.5 STATISTICAL REPORT

While Delhi (1,529), Maharashtra (1,239) and Rajasthan (946) recorded most such industrial
accidents in the period, Rajasthan (948), Gujarat (629) and Maharashtra (557) witnessed the
 8

highest number of deaths. The reason for such accidents is because of lack of improper
regulatory bodies that make the industrial environment a safe place for all the workers.
Recently the deaths in the industrial workplace has enormously increased as our legislature is
taking time to make proper enactments in order to regulate the industries.
The new Occupational Safety, Health and Working Conditions Code, 2020 is being
implemented soon but is yet in the covers of implementation due to lack of facilities. During
the pandemic itself there had been many accidents in the industrial areas such as the
Cuddalore accident in Tamil Nadu where around 30 people died due to negligence, a fire
broke out in Pune in an institute which manufactures covid which 5 workers, in an accident at
SIAL Ghogri coal mines, owned by Reliance Cement, in the Chindwara district of Madhya
Pradesh, a contract worker died instantly while another worker was seriously injured, 3
workers were killed, four were missing and 26 injured, after a blast and major fire broke out
in the early morning on 23 February at chemical company United Phosphorus Ltd plant at the
Gujarat Industrial Development Corporation’s Jhagadia industrial estate and many more such
accidents took 1000s of lives every year.
In between April 2019 and June 2019, there were more than 100 industrial accidents that
occurred and has led to more than 200 deaths according to statistics obtained by Geneva-
based federation of unions from around the world. From May to December 2020, around 64
accidents were reported where 118 workers were killed and several hundreds were injured.
From January 2021 to June 2021, over 117 workers were killed and about 142 workers were
injured in about 52 industrial accidents in the mining and chemical sectors11.

CHAPTER 4 – THEN AND NOW

This chapter is a comparative study on the aspects which give the major difference and also through
this we can conclude whether we can prevent the happening of Bhopal Gas Tragedy if it happens
now. It is true that the same tragedy if happened now would have caused more loss to the nation than
back then. It is because of the developed country we are living in with huge cost of living. The
damage caused to the industry could’ve caused huge loss to the nation. The people would’ve got help
from other States unlike then we also have proper medical facilities to treat and proper labs to find out
what was wrong. In the past it took them a lot of time to even identify what was the issue and why
were people rushing to the hospitals. We could’ve eradicated that possibility now. If we compare past
and present, one cannot point out which era had more damage. That is because of the globalization we
have come across in between all these years.

4.1 PROVISIONS, REGULATIONS AND INSPECTIONS

Criminal procedures were also initiated before the Chief Judicial Magistrate in Bhopal, in addition to
the civil actions. In the year 1987, the case was filed. The criminal proceedings might proceed
because the clause in the settlement order that quashed them was found to be defective and
11
https://www.businesstoday.in/latest/corporate/story/covid-interruptions-take-a-toll-on-workers-safety-231-
killed-since-may-2020-300726-2021-07-07 last visited 20 Apr, 2022
 9

unjustified. Only 26 years after the accident, on June 7, 2010, the verdict was handed down. Sections
304 A, 336, 337, and 338 of the Indian Penal Code, along with Section 35, were used to start the
proceedings. Section 304 A deals with negligently causing death. Sections 336, 337, and 338 deal
with putting others' lives and personal safety in jeopardy.

A number of laws were passed in the wake of the disaster, most of which were under environment and
Industries.

• The Factories (Amendment) Act, 1987

• The Environment Protection Act, 1986

• The Manufacture, Storage and Import of Hazardous Substances Rules, 1989

• The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 200

• Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996

• Public Liability Insurance Act, 199

• Disaster Management Act, 2005

The Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of
Pollution) Act of 1981 were in place at the time. These acts couldn’t prevent non-compliance firms
that aren’t cooperating with the standards or isn’t following the regulations will be severely punished.
It was practically more cost effective for businesses to avoid complying with the legislation and
paying the penalty. If the breach is based on torts, the organisations will simply pay the damages and
continue to violate the law. The criminal justice system was complicated and unclear. Without an
Environmental Impact Assessment, firms were able to freely discharge their effluents into water.
There was no requirement for an EIA.12

ENACTMENT OF ACTS:

After these many years, people living near the place where the incident took place are still suffering.
They have yet to be free of the accident's ramifications. Still now, Children born near that place have
medical issues relating to the incident. To prevent future environmental problems, the government has
enacted legislations that will safeguard the environment. Laws that would ensure that in the event of a
dispute, someone is in charge of a quick trial.

• The Environment Protection Act, 1986

The Environment Protection Act was passed in 1986, two years after the Bhopal disaster. The Act's
principal goal is to protect the environment by preventing future dangers. It is reported to be based on
12
Abhishek Kumar, Bhopal Gas Tragedy Aftemath: Development of Environmental Policy in India, The World
Journal of Juristic Polity, 2016, at 3,
 10

the Stockholm United Nations Conference on the Human Environment, which took place in June
1972. There are five chapters and twenty-six sections in the Act. This Act is concerned with the
environment, human beings, plants, and animals, as well as the prevention of future disasters such as
the Bhopal tragedy. This Act is also known as an Umbrella Act since it requires the Union and the
State to work together to implement other laws such as the Water Act and the Air Act. 13

• The National Green Tribunal Act, 2010

This Act ensures that claims involving environmental protection receive a prompt hearing. This Act
applies whenever there is a violation of environmental law or if human beings require protection from
the use of hazardous chemicals. The National Green Tribunal Act's principal goal is to expedite the
resolution of cases. This Act is divided into five chapters and 38 sections. This is based on Article 21
of the Indian Constitution, which states that everyone has the "right to a healthy environment."

• The Factories Act

Before the Bhopal disaster, the Factories Act of 1948 was passed. The provisions of this Act, on the
other hand, favour workers in factories, industries, and mines. The major goal of this Act is to
safeguard the welfare of workers, to enhance their working circumstances, and to make specific
provisions for women and children who work in factories.

• The Public Liability Insurance Act, 1991

The Public Liability Insurance Act of 1991 paves way for a person to seek compensation in the event
of an accident caused by storing chemical wastes. Public liability insurance is provided by the Act.
This law is based on the concept of "no-fault liability." This means that the individual is responsible
for compensating another, without taking into consideration of his diligence to do that act.

4.2 USAGE OF CHEMICALS

India , there is a higher contribution from chemical industry which is 7% to the overall GDP. It also
provides employment to five million people in India. The Indian based chemical industries produce
basic ,knowledge type and also speciality type chemicals. Among all Indian states , Gujarat
contributes more to the chemical industry of India. India manufacture the products which are related
to petrochemicals, fertilizers, paints, varnishes, perfumes, toiletries, pharmaceuticals etc. The
chemical industry of India is split into six parts . They are basic organic chemicals, chloro –alkali ,
pesticides ,dyestuff, and alcohol based chemicals. In the last few decades, the chemical sector has
risen at a breakneck pace. Industrial chemicals are employed in a variety of industries, including
agricultural, service, construction, and consumer products manufacturing. Chemicals are used in a
wide range of ways by a big number of people all over the world.
13
B Bowonder & S S Arvind Environmental regulations and litigation in India, Project Appraisal,, 1989, 182-196,
https://www.tandfonline.com/doi/pdf/10.1080/02688867.1989.9726733
 11

Industrial Chemicals of Various Types :

Each year, hundreds of different types of chemicals are manufactured for diverse manufacturing
applications. The following are some of the most important chemical kinds. Chlorine is one of the
most commonly utilised compounds in the production of bleaching agents. However, because chlorine
is regarded to be hazardous to the environment, it has been substituted by the chemical hydrogen
peroxide.14

Phosphoric acid is a type of industrial chemical that is used to make fertilisers. It's also utilised in the
production of meals and soft beverages. Nitrogen is an inert gas that is frequently used in industry to
control and prevent heat reactions. It is also utilised as a substitute for air in solid conveying gas
carriers. Sodium carbonate, sometimes known as soda ash, is one of the most regularly used
compounds. It's utilised in the production of glass and a variety of cleaning products. Sulfuric acid is a
frequently used chemical acid that aids in the neutralisation of alkaline compounds. Sodium silicate is
a substance that is extensively used in industrial insulation. Aluminium sulphate is a chemical
compound that is utilised in waste water treatment plants and the production of paper. Sodium
hydroxide is a common ingredient in the production of soaps and colours. In industry, it is one of the
most regularly utilised alkaline chemicals. It can be used as a cleaning agent because of its ability to
neutralise acids. Ammonium nitrate is a white crystal-like material that is commonly used as a
fertiliser in agriculture. It's also used in cold packs to help with swelling and injuries. Urea is a crucial
industrial chemical that is mostly used to fertilise agricultural land. Urea is also found in a variety of
cattle feeds. Hydrochloric acid is one of the most useful compounds, and it is primarily employed in
the pharmaceutical industry. Potash is a chemical that is often utilised for agricultural purposes. It's
also utilised in the production of soaps, glass, and ceramics. Titanium dioxide is a white pigment that
is used in the production of a variety of products, including paints and foods. It's also found in a
variety of pharmaceuticals. Acetone, carbon black, acetic acid, propylene oxide, ethylene oxide,
methanol, vinyl chloride, and other industrial chemicals are examples. Chemical makers and
merchants are listed in huge numbers on web portals, making it simple to get these substances.

4.3 EFFECT ON THE AREA AND PEOPLE

The area UCIL was situated is in Bhopal which then was considered to be a good location to establish
a chemical factory to manufacture pesticides. The number of factories back then that were newly
established we so many that the government wasn’t even able to take adequate measures for the
people living around the industry and also for the people working in the industries. Most industries
were established near slums, estuaries, canals, by cutting down forests etc which has effected the
environment and hence the health of an individual. Article 21 wasn’t even properly recognised as the
14
Sunita Narain & Chandra Bhushan, 30 years of Bhopal gas tragedy: A continuing disaster, Down to Earth,
December 2014, http://www.downtoearth.org.in/coverage/30-years-of-bhopal-gas-tragedy-a-continuing-
disaster-47634
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rate of literacy in 1984 was very less and was the time when it slowly started to increase. People
hence had no insight on their own rights and they let the government do whatever they want in the
name of globalization.15

If we look into the present situation, Bhopal is the centre for such industries in Madhya Pradesh. The
amount of industries increased by 2.5% in the recent 15 years in that area. Hence the increase in the
population which would’ve led to deaths of more number of people if the incident had happened in
the year 2022. Industries have been polluting environment for long enough that we don’t find clear
drinking water anywhere and also the crops wouldn’t grow without fertilizers. It has become an evil
cycle where we are not able to come back into being without any artificial things. The only thing that
has changed is there are provisions and Acts to protect humans and also the environment from being
spoiled and used continuously. The literacy rate in 2022 is around 76% which says more than 3/4 th of
India’s population is educated. We recognised our rights, we need proper conditions to live in and we
also found the need to protect environment for the future generation as we have been using excess
resources in order to gain globalization.

4.4 ESTABLISHMENT OF INDUSTRIES

There hasn’t been many restrictions as to establishment of the industries in a particular place. The
main restrictions are that it should not be near to the residential area, should not be near to any of the
national and State monuments or building, should not cause pollution higher than the prescribed level
and should abide by all the rules established under The Factories Act. Bhopal back then had the space
and potential although they have used a semi-residential area it seemed to be a match for the factory.
Usually they check all these but in 1984 when the tragedy took place they had very minimal
restriction as per the place of establishment. During that time they had more than enough natural
resources hence some industries were even let to run beside the rivers, canals etc. the environmental
factor wasn’t considered at all except for the economical factor which benefits the country. 16

If we look into the scenario present now, we had exhausted almost half of the natural resources on
Earth hence we have been internationally suffering to control the usage and to save the Earth. Among
that some conventions which have been made clear that the industries that cause much harm and
pollution to the environment must be situated atleast 25km away from the residential areas. This
would have prevented the gas leak to some extent as the residents will be far away from the area of
disaster.

CHAPTER 5

15
Ingrid Eckerman, The Bhopal Saga – Causes and Consequences of the World’s Largest Industrial Disaster, 13,
{2004}
16
P Shrivastava.,. Industrial/environmental crises and corporate social responsibility. The Journal of Socio-
Economics, 1995, 24(1), pp.211-227.
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5.1 BETTER OR WORSE

I would definitely say that we have better situations now as we found our ways to control and
regulate the industrial environment and also the safety measures every industry has to take in
order to keep their workers safe. If we look into the compensation part, the recent cases have
been showing that judiciary is considering many aspects while awarding the compensation
and the knowledge of every person that its their right to get compensated for the loss occurred
from the State is adequate.

After the Bhopal Gas Tragedy Act, the principle of absolute liability is given more emphasis
and the Indian Judicial system took an affirmative step by adopting this principle. Bhopal Gas
Tragedy was an event whose effect can still be seen in many new born children who were
born with abnormalities and it was very important to give direction to all the industries
established near the residential area to take all the precaution and not to play with the
precious lives of people. Some positive changes were seen following the Bhopal disaster. The
British chemical company, ICI, whose Indian subsidiary manufactured pesticides, increased
attention to health, safety and environmental issues following the events of December 1984.
The subsidiary now spends 30–40% of their capital expenditures on environmental-related
projects. However, they still do not adhere to standards as strict as their parent company is in
the UK.

5.2 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. The tragedy of Bhopal continues to be a warning
sign at once ignored and heeded. Bhopal and its aftermath were a warning that the path to
industrialization, for developing countries in general and India in particular, is fraught with
human, environmental and economic perils. Some moves by the Indian government,
including the formation of the MoEF, have served to offer some protection of the public's
health from the harmful practices of local and multinational heavy industry and grassroots
organizations that have also played a part in opposing rampant development. The Indian
economy is growing at a tremendous rate but at significant cost in environmental health and
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public safety as large and small companies throughout the subcontinent continue to pollute.
Far more remains to be done for public health in the context of industrialization to show that
the lessons of the countless thousands dead in Bhopal have truly been heeded.

BIBILOGRAPHY

1. Environmental law by Dharmendra S Sengar, 1st edition.

2. https://blog.ipleaders.in/bhopal-gas-tragedy/
3. https://theprint.in/opinion/vizag-gas-leak-similar-bhopal-tragedy-india-probe-
workers/416610/
4. https://www.chemsafetypro.com/Topics/India/
Overview_of_Chemical_Regulations_in_India.html
5. https://en.wikipedia.org/wiki/Union_Carbide_India_Limited