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Thursday, July 24, 2025

The Bhopal Gas Tragedy: From Disaster to Judicial Review

 

The Bhopal Gas Tragedy: From Disaster to Judicial Review

✍️ By Suryavanshi IAS | For UPSC Preparation | Updated July 2025


🗓️ Historical Background: The Night of December 2–3, 1984

In one of the world’s worst industrial disasters, Methyl Isocyanate (MIC) gas leaked from the Union Carbide India Limited (UCIL) plant in Bhopal, Madhya Pradesh.
Over 3,000 people died immediately, and thousands more suffered permanent disabilities and health complications in the aftermath. Independent reports over the years estimate over 20,000 deaths.

The chemical MIC is highly toxic, and exposure causes:

  • Respiratory failure

  • Eye injuries

  • Reproductive and neurological disorders

  • Cancers and organ failure (kidney/liver)

Union Carbide Corporation (UCC), a U.S.-based firm, held majority shares in UCIL. In 2001, Dow Chemicals acquired UCC.


⚖️ Legal & Judicial History

  • 1985: Parliament enacted the Bhopal Gas Leak Disaster (Processing of Claims) Act to allow the Union Government to represent victims.

  • 1989: The Supreme Court approved a settlement of $470 million between UCC and the Indian government — heavily criticized as insufficient.

  • 1991 onward: Victim groups demanded re-examination of compensation and criminal liability.

  • 2023: Supreme Court dismissed curative petitions, stating any shortfall in compensation was the responsibility of the Union government.

  • 2025: Rights groups claimed that many victims suffering from cancer, kidney failure, and other lasting injuries were wrongly classified as ‘temporary disablement’ or ‘minor injuries’.


🧑‍⚖️ July 2025 Supreme Court Order: What’s New?

The Supreme Court Bench led by CJI B.R. Gavai granted liberty to victims’ organisations to approach the Madhya Pradesh High Court with their grievance regarding under-classification and under-compensation.

Key Points:

  • The Court did not express any opinion on merits.

  • Victims’ groups were represented by senior advocates Raju Ramachandran, Karuna Nundy, and Prasanna S.

  • Plea argued for reclassification under permanent disability to ensure adequate compensation under the 1985 Act.


🔍 UPSC Relevance

📘 GS Paper 2:

  • Governance, Welfare Schemes, and Role of Judiciary

  • Application of Environmental Laws and Human Rights

📗 GS Paper 3:

  • Disaster Management, Industrial Disasters

  • Issues of Corporate Accountability


🔁 Previous UPSC Questions Related to Bhopal Gas Tragedy

📝 Prelims:

Q1. Consider the following statements regarding the Bhopal Gas Tragedy:

  1. The gas that leaked was Methyl Isocyanate.

  2. Union Carbide Corporation was an Indian company.

  3. The Bhopal Gas Leak Disaster (Processing of Claims) Act was passed in 1985.

Which of the statements is/are correct?
a) 1 and 2 only
b) 1 and 3 only ✅
c) 2 and 3 only
d) All of the above


📝 Mains:

Q. (UPSC GS Paper 3 - 2016)
"The Bhopal Gas Tragedy continues to remain a reminder of the inadequacies of industrial safety and judicial redressal in India."
Discuss the role of judiciary and government in addressing industrial disasters and ensuring justice for victims.


🧩 Mains Practice Question (2025-Style)

Q. The Supreme Court recently allowed fresh hearings into the reclassification of Bhopal gas tragedy victims. In light of this, critically analyze India’s approach towards environmental justice, corporate accountability, and victim rehabilitation. (250 words)


🧠 Key Takeaways for UPSC Aspirants

  • The Bhopal gas tragedy is not just a historical disaster but a continuing issue of justice.

  • Understand the legal framework: 1985 Act, curative petitions, role of Supreme Court and High Courts.

  • Know the environmental, ethical, and administrative lapses involved.

  • Be ready to quote recent judgments in GS2/GS3 answers.

  • Expect questions in Ethics paper (GS4) on corporate responsibility and moral obligations.


🗂️ Resources for Further Study

  • The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985

  • Supreme Court verdicts (1989, 2023, 2025)

  • Environmental Law and the National Green Tribunal

  • Industrial disaster case studies from ARC Reports & PIB


📍Follow Suryavanshi IAS for current affairs with context, legal analysis, and UPSC-ready notes.


✍️ Stay informed. Stay prepared.
🧭 History is not over — justice evolves.

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