BHOPAL GAS TRAGEDY AND ITS IMPACT ON THE

ENVIRONMENTAL PROTECTION ACT OF 1984 :

The Bhopal gas tragedy was a very horrific and a deadly disaster that took place in Bhopal,
Madhya Pradesh, India. Thousands of people were dead and is still one of the worst ever
chemical leak accidents to ever happen in history.

The gas that spilled was Methyl Isocyanate. The Indian Government promoted investment
on the domestic industry, to make Sevin, a pesticide that’s used throughout Asia. The Indian
government UCIL’s subsidiary company UCC’s 22 percentage of shares.

Bhopal had very good facilities for transportation and as it was located in centre of the
country, Bhopal was an eligible zone for this plant. Bhopal was a properly light zone it
wasn’t heavy and hazardous. This plant was designated for the production of pesticides.

On Dec 2 of 1984, a leak of MIC gas was found in the plant on Dec 3 rd 1984 gas leaked
heavily and it killed a thousand people. Approximately 38,000 people were killed, and most
of them found dead were the people occupying the nearby slum areas. On the starting days
nearly 10,000 people were dead and following the incident nearly 20,000 people were dead.
After this incident the UCC tried to blame the UCIL for the incident (Union Carbide India Ltd),
stating that the plant was fully maintained by the UCIL.

On March 1985, an act was passed by the government to make sure that the claims were
handled properly in this case. Therefore, the government represented itself in both
domestic proceedings and international proceedings.

This case was then completely turned to Indian Jurisdiction. The government was blamed
for not having a proper legislation and regulatory frameworks for this incident. It was also
argued that if the legislations were present then the people affected by this incident
would’ve got a higher compensation. Also the UCC would have got severe punishments.

After this incident, the EPA , the environmental protection act was enacted under Article
253 of the Constitution of India . The main goal of this act was to endure that they followed
the United Nations Human protection provisions to ensure a healthy working environment
for the workers. This act also regulates pollution control in major industrial areas.

The EPA act also gives the government complete power to take necessary actions on
pollution control. This act gives permission to the executive authority to issue orders and
notifications whenever essential, And power to the centre to enact new environmental
regulations. The act has seven schedules which regulates the emission for industries, smoke
and other pollution inducing pollutants from vehicles, and also authorities to report
whenever there is an exceeding of the proposed limits.

Hazardous waste management rules of 1989 was also granted permission under Section 25
of the EPA in 1986. This act covers all types of waste products generated. Metal finishing
waste, waste comprising water-soluble compounds of lead, copper, zinc, and other metals,
for example, are all included. Proper authorities would send notices to the facility that
operates in circumstances that would lead to this type of pollution.

The Environmental Impact Assessment Notification of 1994 covers most of the reasons that
harms the environment. Now any plans or projects should undergo impact assessment
programmes to get cleared. Before passing any project specified in the notification, the
Central Government must conduct a large-scale environmental impact assessment. It also
introduced a Right to Know hearing where the common person who will most probably get
affected by the project speaks out about the issues. This system for designed keeping in
mind the impact on the environment caused by these big projects. So its transparent.

The voyage of legal principles does not begin with a case study of M.C. Mehta vs. Union of
India, which is a landmark case.

The Supreme Court established the principle of "absolute liability" after another gas leak on
December 4, 1985, at the Shriram Fertilizer Factory in New Delhi, where a gas called oleum
leaked in the plant and this error wasn’t not caused by someone else, It was caused by
mechanical errors. This is a crucial notion in today's world.

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 CEO has died, and the litigation 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.

PROVISIONS INVOLVED:

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 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, 2008

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

 Public Liability Insurance Act, 1991

 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.

ENACTMENT OF ACTS:

After these many years, people living near the plave 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 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.

 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.