Bhopal Gas Leak Tragedy

Introduction

The nation witnessed one of its worst disasters, a tragedy that still haunts us today—the Bhopal Gas Leak Tragedy. This catastrophic event, which occurred over 22 years ago, resulted in the deaths of many workers and innocent people overnight. The consequences of that horrific night on December 3, 1984, are still felt today, as the environmental contamination continues to affect generations of the victims.

Numerous reports and studies conducted by the Madhya Pradesh government and the National Environmental Engineering Research Institute (NEERI) have confirmed that the aftermath of the gas leak remains prevalent. The environment, including water and soil, has been severely contaminated, affecting generations of those impacted by the disaster. The toxic chemicals released had devastating effects on their health, damaging their respiratory systems and causing genetic impairments.

Facts

In 1969, a license was granted to establish a factory in Bhopal. The company decided to set up a plant to manufacture methyl isocyanate (MIC) used in producing the pesticide Sevin, instead of importing it from the US, where the parent firm was based. The raw materials used were monomethylamine (MMA) and phosgene, along with other chemicals like chloroform and carbon monoxide.

Despite knowing the hazards of these chemicals, the factory was built in a densely populated area, with the government's approval. The plant lacked the advanced computerized security systems used in similar factories in the US and Canada.

In the early hours of December 3, 1984, a disastrous accident occurred at the Union Carbide pesticide plant in Bhopal. A highly toxic gas, MIC, was accidentally released into the atmosphere, spreading over a 40 km radius. The gas caused severe harm, particularly within 5-6 km of the plant, killing thousands and affecting countless others within hours. Victims suffered from symptoms such as coughing, breathlessness, vomiting blood, eye irritation, and digestive issues.

It was later discovered that certain valves were faulty, and during routine maintenance, water entered a tank containing 42 tonnes of MIC. This triggered an exothermic reaction, leading to the release of the gas.

Environmental Repercussions

The government was held responsible for granting a license for such a hazardous project. Union Carbide's plant had a poor safety record, with six previous incidents. Various studies and surveys confirmed that groundwater and soil in the area were heavily contaminated, with pollution levels far above normal.

In 2004, the Supreme Court established a Court Monitoring Committee to oversee waste management, due to the ongoing hazardous waste dumping and lack of enforcement of environmental regulations. The findings revealed severe contamination of groundwater and soil, affecting drinking water and irrigation systems. The contamination caused disabilities and health problems that have persisted through generations.

The UCIL plant's solar evaporation ponds, used to store waste, led to the chemicals seeping into groundwater, turning the water in hand pumps red. The worst-affected were the residents of nearby slums, who had limited access to clean water and were forced to consume contaminated water from the hand pumps.

In the case of Research Foundation for Science v. Union of India, the Supreme Court directed the Madhya Pradesh government to provide clean drinking water to 14 slums. However, the response was slow, and only a fraction of the required water was supplied.

A survey by community health workers at the Sambhavna Clinic in Annu Nagar found that 91 percent of residents were using contaminated hand pump water. Another study revealed that breast milk samples contained lead, and the chemicals had disrupted menstrual cycles and caused other health issues in the affected population.

Legal Battle of UCC

Union Carbide Corporation faced severe legal consequences in US courts, but all cases were eventually transferred to Indian courts. In India, several suits were filed seeking compensation. A Public Interest Litigation (PIL) was filed in the Supreme Court (Charanlal Sahu v. Union of India), demanding compensation for the victims. In M.C. Mehta v. Union of India, the judiciary developed the concept of "Absolute Liability" in response to the disaster.

Criminal proceedings were initiated against Union Carbide officials for causing death by negligence and endangering lives. The tragedy also led to the enactment of the Public Liability Insurance Act, which mandates compulsory insurance for employees, and paved the way for the Nuclear Liability Bill to address nuclear accidents.

Conclusion

The Bhopal Gas Leak Tragedy remains a dark chapter in Indian history, prompting significant legal and environmental reforms. The disaster not only caused widespread death and injury but also left a lasting impact on the environment, contaminating groundwater and soil, and altering the genetic makeup of survivors. Despite the efforts made to address the tragedy, many victims received minimal compensation, and some were never counted.

Today, the issues stemming from the disaster continue to demand attention. The laws enacted in the aftermath must be effectively enforced, and NGOs continue to fight for justice for the victims. Although environmental compliance has improved, the lack of proper implementation remains a challenge.