HC Questions Non-Compliance Of Apex Court Directives On Bhopal Gas Tragedy Relief Efforts, Calls For Status Report From State & Union Govts

In an important development concerning the aftermath of the Bhopal Gas Tragedy, the Madhya Pradesh High Court at Jabalpur presided over by Justices Sanjeev Sachdeva & Vinay Saraf heard a plea filed by the Bhopal Gas Peedith Mahila Udyog Sangthan scrutinizing the government's actions, or lack thereof, in providing adequate facilities and treatment for the victims of the tragedy.

The Bhopal Gas Tragedy, one of the world's worst industrial disasters, occurred on the night of December 2-3, 1984, when a toxic gas leak from the Union Carbide India Limited pesticide plant in Bhopal, Madhya Pradesh, resulted in thousands of deaths and long-term health consequences for the survivors. In the ensuing decades, various legal battles have aimed to secure justice and adequate relief for the victims.

The current writ petition, filed by several organizations representing the victims, challenges the government's failure to implement effective relief measures, as directed by the Supreme Court of India.

A status report detailing steps taken by the government to provide better facilities and treatment for the victims and their families was filed by respondents Nos. 3 and 4, the Central and State Governments. The report was handed over to the petitioners' senior counsel, who requested additional time to provide their suggestions on the report.

The senior counsel for the petitioners highlighted several critical issues such as Specialists appointed on deputation to the Gas Relief Hospital have not joined their duties. It was suggested that these specialists are not being relieved by their parent departments to take up their new positions.

Referring to the Supreme Court's order dated August 9, 2012, in W.P. (C) 50 of 1998, the senior counsel pointed out that a corpus of approximately Rs. 435 crores, allocated for the smooth running of the Bhopal Memorial Hospital Trust, has grown to around Rs. 1000 crores.

Despite this substantial fund, the counsel argued that there appear to be no tangible steps taken by the Central Government to utilize this corpus for the benefit of the victims, as per the Supreme Court's directions.

The petitioners were directed to file their suggestions regarding the status report submitted by respondents Nos. 3 and 4, focusing on steps taken or required to be taken to provide relief to the victims and their families.

The Central and State Governments were directed to provide a detailed explanation for why the officers selected for deputation to the Gas Relief Hospital have not been able to join their posts.

The Central Government must also indicate the specific steps taken to implement the Supreme Court's directions in W.P. (C) 50 of 1998, particularly concerning the utilization of the allocated corpus for the victims' relief.

Case title: Bhopal Gas Peedith Mahila Udyog Sangthan And Others Vs Union Of India And Others

Citation: WP-15658-2012

Click Here To Read/Download Order