Bhopal Gas Tragedy : Supreme Court Seeks Centre's Current Stand On Curative Petition Filed By It Seeking Additional Compensation For Victims

A Constitution Bench of the Supreme Court, on Tuesday, asked the Solicitor General to seek instructions from Centre regarding its present stand on the curative petition filed by it, in 2010, seeking additional compensation for Bhopal gas tragedy victims from US-based Union Carbide Corporation (now owned by Dow Chemicals). Accordingly the Apex Court deferred the matter to 11th October, 2022.

The 5-Judge Bench comprising Justice S.K. Kaul, Sanjiv Khanna, AS Oka, Vikram Nath and JK Maheshwari indicated that as the curative petition was filed by the Centre, the fate of the present proceedings would be determined by the decision of the Union Government to press or not to press the prayers in the curative petition.

Justice Kaul noted that it has to consider if the compensation can at all be enhanced upon re-determination at such a belated stage.

He added -

"We have to see there has to be quietus in the matter. We need the stand of the Government."

Advocate Karuna Nundy, representing a group of victims impleaded subsequently, supported the enhancement of the compensation and sought permission to substantiate their enhanced claim.

But, the Bench made it abundantly clear that it cannot proceed without having the Centre's stand in the matter.

The curative petition filed was in December 2010 seeks additional compensation of Rs.7413 crores; re-examination of the apex court's February 14, 1989 judgment by which the compensation was fixed at US$ 470 million (Rs 750 crore) and subsequent orders of February 15 and May 4 determining the mode of payment and settlement. According to the Central Government, the earlier settlement was based on incorrect assumptions on the number of deaths, injuries and losses, and has not taken into account the subsequent environmental degradation. The settlement was based on the earlier figure of 3,000 deaths and 70,000 injury cases; the curative petition has put the death numbers at 5,295 and injury figure at 527,894. has sought.

As per Centre, the earlier settlement was based on incorrect assumptions on the number of deaths, injuries and losses, and has not taken into account the subsequent environmental degradation. The settlement was based on the earlier figure of 3,000 deaths and 70,000 injury cases; the curative petition has put the death numbers at 5,295 and injury figures at 527,894.

[Case Status: UoI And Ors. v. M/s. Union Carbide Corporation And Ors. Curative Petition (C) No. 345-347/2010]