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Supreme Court of India
S.H. KAPADIA, CJI., A.K. PATNAIK & SWATANTER KUMAR, JJ.
Bhopal Gas Peedith Mahila Udyog Sangathan & Others
Versus
Union of India & Others
WRIT PETITION (C) NO.50 OF 1998 WITH IA NOS. 62-63 OF 2011 IN CIVIL APPEAL NOS.3187 – 3188 OF 1988
Decided on : 09-08-2012
Bhopal Gas Tragedy -Research work-Whether there should be privatization of research work and the Monitoring Committee should be empowered to have control over all hospitals where the gas victims may go for treatment, including private hospitals and clinics of Bhopal -Held that it would neither serve the ends of justice nor the interest of gas victims- On the contrary, there would be multi-differential research without any substantive result.- Since Monitoring Committee had been constituted with a definite object and specifically assigned functions and terms of reference- Hence there was no justification, much less any need, for expanding the scope of its functioning or bringing the private hospitals/clinics within the jurisdiction of this Empowered Monitoring Committee (Para 22)
Public Interest Litigation- Writ Petition filed by the Bhopal Gas Peedith Mahila Udyog Sanghathan as a public interest litigation under Article 32 of Constitution- Petition was founded on the rights available to victims of the Bhopal Gas Disaster under Article 21 of the Constitution that they were entitled to receive free and proper medical assistance from the respondents, the Union of India and the State of Madhya Pradesh.- It was also prayed that respondents be directed to take effective steps in that regard which inter alia included providing of free medicines and preparing a detailed plan of medical rehabilitation that ensured the availability of basic medical facilities to the gas victims. -Having noticed in detail factual aspect of this case, the suggestions made by various applicants, recommendations of expert bodies and keeping in mind the very object for which the present Public Interest Litigation was instituted, held that issuance of certain specific directions were inevitably called for-These directions would be in aid of various orders passed by Apex Court from time to time in the present petition and not in derogation thereto. - All orders passed by Apex Court shall be read mutatis mutandis to these directions and shall remain in force-Directions issued accordingly (Paras 35 to 37)
Facts of the Case :
Writ Petition was filed by the Bhopal Gas Peedith Mahila Udyog Sanghathan as a public interest litigation under Article 32 of Constitution- Petition was founded on the rights available to victims of the Bhopal Gas Disaster under Article 21 of the Constitution that they were entitled to receive free and proper medical assistance from the respondents, the Union of India and the State of Madhya Pradesh. It was also prayed that respondents be directed to take effective steps in that regard which inter alia included providing of free medicines and preparing a detailed plan of medical rehabilitation that ensured the availability of basic medical facilities to the gas victims.
Findings of the Court :
Having noticed in detail factual aspect of this case, the suggestions made by various applicants, recommendations of expert bodies and keeping in mind the very object for which the present Public Interest Litigation was instituted, held that issuance of certain specific directions were inevitably called for. Directions were issued accordingly.
Result : Ordered Accordingly
Judgment :-
Swatanter Kumar, J.
1. Unlike natural calamities that are beyond human control, avoidable disasters resulting from human error/negligence prove more tragic and completely imbalance the intergenerational equity and cause irretrievable damage to the health and environment for generations to come. Such tragedy may occur from pure negligence, contributory negligence or even failure to take necessary precautions in carrying on certain industrial activities. More often than not, the affected parties have to face avoidable damage and adversity that results from such disasters. The magnitude and extent of adverse impact on the financial soundness, social health and upbringing of younger generation, including progenies, may have been beyond human expectations. In such situations and where the laws are silent or are inadequate, the courts have unexceptionally stepped in to bridge the gaps, to provide for appropriate directions and guidelines to ensure that fundamentals of Article 21 of the Constitution of India (for short “the Constitution”) are not violated.
2. The Bhopal Gas Tragedy is a glaring example of such imbalances and adverse impacts, where by court’s intervention, poor and destitute have been provided relief and rehabilitation.
3. The Bhopal Gas Leak Disaster occurred on the intervening night of the 2nd/3rd of December, 1984. Data reflecting the exact number of affected persons was not available initially. Earlier, it was felt that only a small number of persons were adversely affected in terms of health or otherwise by the leakage of toxic gases from the Union Carbide Unit at Bhopal. However, the Scientific Commission for Continuing Studies on Effects of Bhopal Gas Leakage on Life Systems (for short the ‘Scientific Commission’) released a Report titled ‘The Bhopal Gas Disaster: Effects on Life Systems’ in July, 1987 which suggested otherwise. This Report stated that for the estimated population of 2,00,000 exposed to the toxic gases in the severely and moderately affected areas of Bhopal and the variety of long-term problems anticipated in the crisis period, the number of exposes covered so far by the Indian Council of Medical Research (for short the ‘ICMR’) through the epidemiological surveys constitute less than 20 per cent of the population. With the passage of time, this figure of the affected population has swollen to nearly 5,00,000. By the same Scientific Commission, it was also found that in general, the output of the epidemiological project so far had not equaled the magnitude of the tasks assigned to them, presumably due to lack of resources, trained staff as well as physical inputs. An opportunity for mounting such a massive long- term longitudinal study on a population exposed to a one-time acute chemical stress may not present itself again and hence it would be a pity if that opportunity was missed. Various steps were recommended by the Scientific Commission, from time to time, to tackle the two main aspects of this disaster. Firstly, health care of the affected victims and secondly, research work with the object to deal with the acute problems arising from this disaster on the one hand and to suggest preventive steps on the other.
4. Writ Petition (Civil) No. 50 of 1998 was filed by the Bhopal Gas Peedith Mahila Udyog Sanghathan as a public interest litigation under Article 32 of the Constitution. This petition was founded on the rights available to the victims of the Bhopal Gas Disaster under Article 21 of the Constitution and it was prayed that they were entitled to receive free and proper medical assistance from the respondents, the Union of India and the State of Madhya Pradesh. It was also prayed that the respondents be directed to take effective steps in that regard which inter alia included providing of free medicines and preparing a detailed plan of medical rehabilitation that ensured the availability of basic medical facilities to the gas victims. Lastly, it was also prayed that the ICMR b
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