DAMODARAM DAMOD ARAM SANJIVA SANJI VAYY YYA A NATIONA NATIONAL L LAW UNIVERSITY VISAKHAPATNAM, A.P., INDIA
Union Carbide Corora!ion ". Union o# India$ AIR %&&' SC '() *+oa- a/ Tra0ed12
La3 o# Tor!/ Dr. P .Sri De"i, M.L, P.D
Associate professor
Gulipalli Suraj 2015023 & Semester-01
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ACKNOWLEDE
I would like to put forward my heartfelt appreciatio to our respected !aw of "orts professor# professor# $rof% r% $% $% Sri e'i% for (i'i( me a (olde opportuity to take up this project re(ardi( )Union Carbide Corora!ion ". Union o# India$ AIR %&&' SC '() *+oa- a/ Tra0ed12 *% I ha'e tried my +est to collect iformatio a+out the project i 'arious possi+le ways to depict clear picture a+out the (i'e project topic%
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Tab-e o# 4on!en!/ •
Ide, of Authorities
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Itroductio
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acts of the case
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Issues with the case
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.ules Applica+le
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/ud(met
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Aalysis ad Applicatio
•
oclusio
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.efereces
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Inde5 o# A6!ori!ie/ Le0i/-a!ion/7/!a!6!e/7A4!/
ostitutio of Idia# 150 !aw of "orts Idia $eal ode# 10
Cases 4ao 's% io ar+ide66666666666 ar+ide666666666666666666666 66666666666666661 66666615 aparo '% ickma666666666 ickma66666666666666666666 66666666666666666666 66666666613 7%% 7ehta ' "he io of Idia 89leum Gas !eak case of ecem+er 15:66666614 $erre ' Apad; <1=6666666666 <1=66666666666666666666 666666666666666666 6666666613 .ylads '% letcher66666666666666666666666666666% 14 Sahu 's io ar+ide66666666666666666666666666 ar+ide666666666666666666666666666%% 6%% 1 5 "e,as "e,as ity .efiery case6666666666 case66666666666666666666 6666666666666666%%% 666666%%% 14 "e,as "e,as ity .efiery case <2005=666666666 <2005=66666666666666666666 666666666666666 6666 14 ited States '% arroll "owi( o% 15 %2d 1 82d% ir% 1>?:6666666666666613
Indian Penal Code Sectio 30> A..................................................................................................7 Sectios 33# 33?# ad 33 read with Sectio 35.......................................................7
Constitutional Provisions Articles# i%e% >A ad 51A...................................................................................8 $u+lic !ia+ility Isurace Act i 11....................................................................8
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In!rod64!ion @ I the early hours of ecem+er 3rd 1> >2 tos of deadly 7ethyl Isocyaides <7I= ad other to,ic (ases escaped from I!s pesticide plat i 4hopal# 7$% A (o'ermet affida'it i 200 stated the leak caused 5#5#125 ijuries icludi( 3#>? temporary B partial ad appro,imately 300 se'erely ad permaetly disa+li( ijuries% All aroud the city of 4hopal# people were e,posed to this (as ad the immediate effects of ihali( the (as were cou(hi(# 'omiti(# se'ere eye irritatio 8temporary +lidi(: ad a feeli( of suffocatio% 9'er 3000 people died immediately ad o'er 25000
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8a4!/ o# !e 4a/e9
1: Imm Immedia ediately tely after after the 4hopal 4hopal leak leak the (o'erme (o'ermet t of Idia Idia eacted eacted the 4hopal 4hopal (as leak leak Act15 <$rocessio of claims= uder this act they were the sole represetati'es of the 'ictims i ay case of compesatio a(aist a(a ist I!% 2: It the claimed S F 3%3 3 %3 +illio from i SA i S courts% 3: Almost immediately the liti(atio was trasferred from the S to the Idia courts o the +asis that I! was a )separate etity# owed# maa(es# ad operated e,clusi'ely +y Idia citiDes i Idia*% I'esti(atios +y the cetral +ureau of i'esti(atios had re'ealed the I! as well as officials had +ee resposi+le for e(li(ece% >: I a out of court settlemet settlemet reached i 1# uio car+ide car+ide a(reed to pay S F >?0millio# >?0millio# which was actually just the isurace isurace amout of S F 350 millio iterest% iterest% /ust 15H of the 3 +illio ori(ially claimed %i the lawsuit% 5: 4y the ed of 9cto+er 2003 compesatio was awarded to 55>5 for ijuries recei'ed ad 15310 sur'i'ors for those that were killed% "he a'era(e amout to the families of the dead was S F2200% : "hrou(h "hrou(hout out 10 the Idia Idia Supreme Supreme ourt ourt heard heard appeals appeals a(aist a(aist the settle settleme mett from from )acti'ist petitios*% ?: I 9ct 11 the Supreme ourt upheld the F>?0 millio# dismissi( ay other outstadi( petitios that challe(ed the ori(ial decisio% : It also also reues reuested ted ad its su+sidia su+sidiary ry 'olut 'olutari arily ly to fud fud a hos hospit pital# al# at a estima estimated ted F1?millio# to specifically treat the 'ictims of the disaster% : "he S Supreme ourt refused to hear a appeal of the decisio of the lower federal courts i 9cto+er 13 meai( that 'ictims of the 4hopal (as disaster could ot seek dama(es i a S court% 10: I 200# the secod circuit court of appeals i Jew Kork ity upheld the dismissal of the remaii( claims i the case of 4ao 's% io 1 ar+ide orporatio% ederal class actio liti(atio# Sahu 's% io2 ar+ide ad others is presetly pedi( i the secod circuit court of appeals i Jew Kork% 11: "he liti(atio seeks dama(es for persoal ijury# medical moitori( ad ijucti'e relief i the matter of clea-up of driki( water supplies for residetial areas ear 4hopal plat% A 1 2
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related complait seeki( similar relief for property dama(e claimats is stayed pedi( of the outcome of the Sahu appeal +efore the federal district d istrict court i the souther district of Jew Kork Kork
I//6e/ 3i! !e 4a/e LChether precautios were take +y the Idia Go'ermet i terms of layi( dow strict re(ulatios for a factory of such atureM LChether proper care ad maiteace was take +y io ar+ide Idia !imited uder the lawM LChether the commo people ha'e resources to idi'idually file cases a(aist io ar+ide orporatio i the ited StatesM Lwhether Lwhether the ited ited States States (a'e fair trial ad was it +etter +etter to attempt attempt the trial there as it had a much more de'eloped system for the !aw of "ortsM L Chether the Idia judicial system was euipped to hadle ha dle cases of this ma(itudeM LChether the dama(e should +e measured o a scale of fair compesatio L Chether there should +e a ui'ersal jurisdictio i the case of !aw of "orts# due to Glo+aliDatioM
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R6-e/ A-i4ab-e Ne0-i0en4e would +e oe of the mai forms of tort laws applica+le i this case alo( with loss spreadi(#
risk attitude# moral haDard# trasactios costs# ad cost miimiDatio or social efficiecy Je(li(ece is a failure to e,ercise the care that a reasoa+ly ratioal perso would e,ercise i like circumstaces% "hrou(h ci'il liti(atio# if a ijured perso pro'es that aother perso acted e(li(etly to cause their ijury ijury## they ca reco'er reco'er dama(es to compe compesat satee for their their harm% harm% $ro'i $ro'i( ( a case case for e(li(ece ca potetially etitle the ijured plaitiff to compesatio for harm to their +ody# property# metal well-+ei( or fiacial status% "he proceedi(s were iitiated uder Se4!ion :;( A# ad Se4!ion/ ::<, ::=, and ::) read 3i! Se4!ion e(li(ece% Sectios 33# :> o# !e Indian Pena- Code %)<;% Sectio 30> A deals with causi( death +y e(li(ece% 33? ad Sectio 33 deal with the offeces of eda(eri( life ad persoal safety of others% "his is read alo( with Sectio 35 which deals with the aspect of commo itetio% 9e of the mai issues which the 4hopal Gas tra(edy raises is the issue of ?Ab/o-6!e -iabi-i!1@% "his issue was ela+orately discussed i the case of 7% 7ehta ' io of Idia 3% "he priciple of a+solute lia+ility states that whe a eterprise is e(a(ed i haDardous or iheretly da(erous idustry ad if ay harm results i accout of such acti'ity the the eterprise is a+solutely lia+le to compesate for such harm ad that it should +e o aswer to the eterprise to say that it had take all reasoa+le care ad that the harm occurred without ay e(li(ece o its part% I such idustries# the priciple of safe desi( would +e that oe does ot (uard merely a(aist the most predicta+le# routie type of accidets% .ather oe tries to aticipate the worst that could happe# e'e if it is hi(hly ulikely# ad ot oly (uard a(aist it# +ut prepare to cotai it ad make sure that there is o way for that e'e to take place% "his is the priciple of a+solute lia+ility ad lia+ility ca +e fi,ed e'e if there is o e(li(ece o part of the accused%
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I the case of a+solute lia+ility# e'e the defeces a'aila+le uder strict lia+ility would ot apply% "hus# e'e if the accidet is some freak icidet# lia+ility would still +e fi,ed% I such a case# it would +e o (ood defies to ar(ue that the direct or the pro,imate cause of the accidet was ot the carryi( of such haDardous acti'ity# +ut it actually is a Act of God or that it is due to some third party iter'etio% E'e if the ompay had take e,treme precautios to esure that such e'ets do ot take place# resposi+ility resposi+ility would still +e fi,ed o them% "his priciple of a+solute lia+ility i Idia e'ol'ed primarily +ecause of the awakei( that the 4hopal Gas isaster ad the 9leum Gas !eak case (a'e% "he 4hopal (as tra(edy i 1> tri((ered the passa(e of comprehesi'e en"ironen! -e0i/-a!ion in %&)< and P6b-i4 Liabi-i!1 In/6ran4e A4! in %&&%%
Idia $arliamet iserted two Ar!i4-e/, i.e. ()A and >%A i the ostitutio of Idia i 1?# Article >A of the osti ostitut tutio io ri(ht ri(htly ly direct directss that that the State State shall shall edea' edea'our our to protec protectt ad impro' impro'ee the e'iromet ad safe(uard forests ad wildlife of the coutry% Similarly# clause 8(: of Article 51A imposes a duty o e'ery citiDe of Idia# to protect ad impro'e the atural e'iromet icludi( forests# lakes# ri'ers# ad wildlife ad to ha'e compassio for li'i( creatures% "he cumulati'e effect of Articles >A ad 51A 8(: seems to +e that the NState as well as the NcitiDes +oth are ow uder costitutioal costitutioal o+li(atio to coser'e# percei'e# protect ad impro'e the e'iromet e'iromet% E'ery (eeratio owes a duty to all succeedi( (eeratios to de'elop ad coser'e the atural resources of the atio i the +est possi+le way
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/ud(met "he followi( 9rderB/ud(met of the ourt was passed@
osideri( the proceedi(s i the ourts of the ited States of America# the offers ad couter-offers made +etwee the parties duri( the 'arious proceedi(s ad i particular the eormity of huma sufferi( occasioed +y the 4hopal Gas disaster ad the pressi( ur(ecy to pro'ide immediate relief to 'ictims of the disaster# the court ordered the followi(@81: "he io ar+ide ar+ide orporatio orporatio shall pay a sum of U.S. Do--ar/ (=; to the io of Idia i full settlemet of all claims# ri(hts ad lia+ilities related to ad arisi( out of the 4hopal Gas disaster% 82: "he sum shall +e paid +y the io ar+ide orporatio orporatio to the io of Idia on or be#ore :% Mar4, %&)&.
83:Al 83:Alll ci'il ci'il procee proceedi di(s (s relate related d to ad arisi arisi( ( out of the 4hopal 4hopal Gas disast disaster er shall shall here+y here+y stad stad trasferred to this ourt ad shall stad cocluded i terms of the settlemet# ad all crimial proceedi(s related to ad arisi( out of the disaster shall stad uashed where'er these may +e pedi(% A memoradum of settlemet shall +e filed +efore the court of the followi( order@1% $ursuat to the order passed o 1> e+ruary 1 the paymet of the sum of %S% F >?0 7illio directed +y the ourt to +e paid o or +efore 31 7arch# 1 will +e made i the maer followi(@ 8a: A sum sum of %S% F >25 7illio shall +e paid o or +efore 23 7arch# 1 +y io ar+ide orporatio to the io of Idia# less %S% F 5 7illio already paid +y the io ar+ide orporatio pursuat to the order dated ? /ue# 15 of /ud(e Oeea i the court proceedi(s take i the ited States of America% 8+: io ar+ide Idia !td% will pay o or +efore 23 7arch# 1 to the io of Idia the rupee eui'alet of %S% F >5 7illio at the e,cha(e rate pre'aili( at the date of paymet% 8c: "he aforesaid paymets shall +e made to the io of Idia as claimat ad for the +eefit of all 'ictims of the 4hopal Gas isaster uder the 4hopal Gas !eak isaster 8.e(istratio ad $rocessi( of laims:# Scheme# 15% 2% upo full paymet of the sum
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8a: "he io of Idia ad the State of 7adhya $radesh shall take all steps which may i future +ecome ecessary i order to implemet ad (i'e effect to this order% 3% po full paymet i accordace with the ourtPs directios@ 8a: "he udertaki( (i'e +y io ar+ide orporatio shall stad dischar(ed# ad all order passed i re'isio therefrom shall also stad dischar(ed% 8+: Ay actio for cotempt iitiated a(aist cousel shall +e treated as dropped% >% "he amouts paya+le to the io of Idia uder these orders of the ourt shall +e deposited to the credit of the .e(istrar of this ourt i a 4ak uder directios to +e take from the ourt%
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Ana-1/i/ and A-i4a!io A-i4a!ion n "he case a(aist io ar+ide Idia !imited for the (as leak caused i the city of 4hopal is a major tort case% "he mai issues i'ol'ed are loss spreadi(# risk attitude# moral haDard# trasactios costs# ad cost miimiDatio or social efficiecy% ue to the hu(e loss of life that took place i 4hopal this case +ecomes a case i tort law that ca +e aalysed throu(h 'arious perspecti'es% osideri( the lar(e amout of dama(es paya+le pa ya+le +y I! this icidet ca also +e looked at throu(h the perspecti'e of law ad ecoomics to e,amie the formatio ad the impact of tort law ad the tort dama(es% It focuses maily o deterrece# payi( little attetio to justice# fairess# or distri+utio%
"his 'iew is a way to assess the costs ad +eefits that was looki( as a outcome of setti( up a plat i Idia - io ar+ide Idia !td 8I!: - a su+sidiary of the io ar+ide orporatio 8:% It is ecessary to determie who +ears the +urde of the ijury ad if this ijury caused +y are compesa+le co mpesa+le to what e,tet% "wo importat forms of tort law which ca +e used to aalyse are $ositi'istic Ecoomics ad the Jormati'e Ecoomics% $ositi'e ecoomics descri+es how le(al rules ifluece +eha'iour whereas ormati'e ecoomics prescri+es cha(e that will icrease of le(al rules ad istitutios% istitutios% 9e reaso for ijustice to the people is that tort law is ude'eloped i Idia% "here has ha s +ee little de'elopmet ad tort is little used ad has remaied lar(ely outside outside the cosciousess of Idia lawyers ad pu+lic% "here has +ee +e e little coectio +etwee tort law ad disasters i Idia% Chat typically happes i disasters is that the (o'ermet aouces that it is maki( e, (ratia paymets of a specified amout to the 'ictims% "he attri+utios of resposi+ility would +e doe +y Go'ermetal i'esti(atios# commissio of iuiry or a crimial prosecutio% Similarly# Similarly# i 4hopalPs case there has +ee isufficiet iuiry ad due to the iadeuate compesatio mechaisms the people were depri'ed of compesatio for their dama(es% I compariso to the America system# claimi( dama(es i tort law would ha'e +ee much simpler ad easier% If a disaster such as 4hopal had happeed i the ited States of America# it 12 | P a g e
would ha'e +ee much simpler to e,tract a su+statial amout of moey# ad possi+ly resulti( i io ar+idePs +akruptcy% Istead the case was tossed +ack to the Idia courts% I'esti(atio of the 4hopal catastrophe showed that the resposi+ility of +oth the Go'ermet as well as the compay wet far too +eyod the mere e(lect of +asic safety measures% I a aalysis i the 4ritish trade pu+licatio $roject 7aa(eme t# a J e,pert eumerated 1 factory shortcomi(s# 13 operatioal errors# 1 failures i commuicatio ad 2 short comi(s% A multi-+illio multi-+illio dollar reputed compay like shocked the society with the mistakes it committed% "he cooli( system which was supposed to keep the 7I at a temperature of Dero de(rees elsius to pre'et a reactio had +ee too tured off si, moths +efore the accidetQ same had +ee doe for the +urer i the tower for +uri( off the poiso% 4oth steps had +ee take with appro'al of the compay headuarters% "hese are the factors that e'etually lead to the ufortuate disaster%
"he mai accused i the 4hopal Gas !eak case# E9 of at that time# Carre Aderso was shielded +y the S Go'ermet ad was a fu(iti'e from law# while the ? Idia accused of I! were seteced to 2 years imprisomet more tha a uarter of a cetury after the disaster# +ut immediately released o +ail amouts of F2#100 each% 9 the issue of e,traditio of Carre Aderso# it is our opiio that the %S% (o'ermet caot +e wholly or oly +e +lamed for refusi( to e,tradite him# sice may pre-disaster facts were ot produced +y the prosecutio# to esta+lish the (uilt of the accused% "he half-hearted maer i which the Idia state has pursued this whole affair is disappoiti(% "he delay ad the maer i which the Go'ermet has hadled the issue is othi( +ut a mockery of justice ad if thi(s are ot set ri(ht# we feel that# the 'ictims of this ufortuate tra(edy will e'er (et the justice they actually deser'e%
"he S ourts ourts did ot ecoura(e liti(atios liti(atios a(aist o America America soil at all% E'e the cases that were re(istered re(istered e'etually e'etually fell apart# ad the same is destied destied to happe to a few which are pedi( appeals% or the disaster disaster of such a ma(itude# the compesatio compesatio paid ca +e said to +e least satisfactory ad isufficiet for the 'ictims% Althou(h it is ar(ued# that the field of 13 | P a g e
Idia "ort law was ot de'eloped to a mature e,tet +ack i 1># +ut still# the fi(ure of the e'etual compesatio awarded does ot match up to the (ra'eess of o f the case e'e remotely%
"he Idia /udiciary tried to make a stro( case followi( the 4hopal Gas "ra(edy# 8io ar+ide ompay 's% io of Idia: to eforce (reater amout of protectio (i'e to its people% "he Do4!rine Do4!rine o# Ab/o-6!e Liabi-i!1 ca +e said to +e a stro( le(al tool a(aist ro(ue corporatios that were e(li(et towards health risks for the pu+lic% "his le(al doctrie was much more powerful tha the le(al octrie of Strict !ia+ility% "his meat that the defaulter could +e held lia+le for e'e third party errors whe the pu+lic was at a realistic risk% "his could esure stricter compliace to stadards that were meat to safe(uard the pu+lic%
Social justice theorists cosider tort law as a de'ice for correcti( im+alaces i political powers% I a corrupt society as IdiaPs# ruli( political parties take ad'ata(e of their power ad (et all the ecessary pro'isios for a eterprise like ar+ide which would readily fud their party i retur% As a result these iterests of parties pursue self-iterest at the e,pese of pu+lic +y produci( da(erous products ad hidi( critical iformatio a+out their da(erousess% da (erousess% 4y aidi( citiDes with the power to sue corporatios for miscoduct outside of the le(islati'e ad re(ulatory process# tort law ser'es to correct this im+alace of power%
Ne0-i0en4e
Je(li(ece is the failure to take adeuate care ad this care reuires oe to take cost justified precautios% $recautios ca +e cost-justified whee'er their cost is less tha the costs of the harm riskedQ +y ot taki( precautios# discouted +y the pro+a+ility of the harmPs occurrece% 9ce this cocept of e(li(ece is uderstood as the failure to take the cost justified precautios it is ecessary to decide dec ide what decides imposi( lia+ility o those who ha'e failed to take these precautios% "he ecoomic aalysis primarily relies o this cocept of e(li(ece% I 14 | P a g e
coclusio# a (reat le'el of e(li(ece e(li(ec e +y ar+ide ad its failure to take cost justified precautios led to this disaster is see% io ar+ide should +e held lia+le for all the dama(es to the people of 4hopal%%%
Je(li(ece has mai 3 elemets@-
1% uty of are uty uty of care care is a le(al o+li(atio which is imposed o a idi'idual reuiri( the followi( of a stadard stadard of of reasoa+le reasoa+le care care while performi( ay acts that could harm others%i the ear future% I the E(lish case Caaro ". Di4Ban <10=> the three fold priciples of duty of care were were itr itrod oduce uced% d% Rarm Rarm mu must st +e 81: 81: reas reaso oa+l a+ly y fore forese seea ea+l +lee 82: 82: ther theree mu must st +e a relatioship of pro,imity +etwee the plaitiff ad defedat ad 83: it must +e Pfair# just ad reasoa+leP to impose lia+ility% Rowe'er# these act as (uidelies for the courts i esta+lishi( a duty of careQ much of o f the priciple is still at the discretio of jud(es% jud(es% 5 "his priciple was also used i ;Perre " Aand ; <1= % I this case io car+ide is (uilty of e(li(ece specifically i the matter of uty of care as the harm that was (oi( to happe due to lack of maiteace was reasoa+ly foreseea+le% Also Also there was pro,imity +etwee the plaitiff ad defedat ad of course it was o+'iously fair ad reasoa+le to impose lia+ility o % "hus accordi( to this priciple had a le(al o+li(atioBduty towards the people peop le of 4hopal ad the coutry cou try as a whole ad esure that o harm came to ay of them% 2% 4rea 4reach ch of uty uty After it is esta+lished that the defedat owed a duty to the plaitiffBclaimat# the matter of whether or ot that duty was +reached must +e settled% 4reach of duty is ot limited to professioals or persos uder writte or oral cotractQ all mem+ers of society ha'e a duty to e,ercise reasoa+le care toward others ad their property% A perso# who e(a(es 4 5
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i acti'ities that pose a ureasoa+le risk toward others ad their property that actually results i harm# +reaches their duty of reasoa+le care% Implemeti( this a+o'e priciple it is clear that is (uilty of +reach of duty as it did ot e,ercise reasoa+le care e'e thou(h they were aware a+out the risks% ir% 1>?: is a decisio from Uni!ed S!a!e/ ". Carro-- To3in0 Co % 15 %2d 1 82d% ir% 1>?: the 2d ircuit ourt of Appeals that Appeals that proposed a test to determie the stadard of care for care for the tort of e(li(ece e(li(ece%% I this case a ship sak due to proper stadards were ot followed ad the e(li(ece of the authorities who were resposi+le for setti( up the +arra(es o the docks% 3% ama(es ama(es place a moetary 'alue o the harm doe% 9ce +reack of suty is cofirmed what remais is compesati( the perso the 'ictim% I this case# was pro'e to +e (uilty of +reach of duty ad was lia+le to pay dama(es to 'ictims%
I M.C. Me!a " Te Union o# India O-e6 a/ LeaB 4a/e o# De4eber %&)> the Supreme ourt of Idia o+ser'ed that )where a eterprise is e(a(ed i a haDardous or iheretly da(erous acti'ity ad harm results to ayoe o accout of a accidet i the operatio of such haDardous or iheretly da(erous acti'ity resulti(# for e,ample# i escape of to,ic (as the eterprise is strictly ad a+solutely lia+le to compesate all those who are affected +y the accidet ad such lia+ility is ot su+ject to ay of the e,ceptios which operate o perate 'is--'is the tortious priciple of strict lia+ility uder the rule i R1-and/ ". 8-e!4er =%* It was also poited out that the measure of compensation for such cases must be co-related to the magnitude and capacity of the enterprise because such compensation must ha'e a de!erren! e##e4! % "he lar(er
ad more prosperous the eterprise# the (reater must +e the amout of compesatio paya+le +y +y it for the harm caused o accout of a accidet i the carryi( o of the haDardous or iheretly da(erous acti'ity +y the eterprise% "hus was e'ol'ed the priciple of A+solute lia+ility i Idia "ort "ort law# which ca +e said to +e directly related to the recet occurri( of the 4hopal leak at that time% Rere i 7 7ehta case the priciple of A+solute !ia+ility was itroduced which ow forms the +asis of our case which is io ar+ide '% io of Idia% Also i 6 7
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.ylads '% letcher letcher the cocept cocep t of deterret effect which was itroduced also forms a importat aspect of the 4hopal Gas "ra(edy% "he Te5a/ Ci!1 Re#iner1 4a/e *';;>2 # which is much o the lies of the 4hopal case# saw widespread attetio (i'e to it% It was i this case that the 4hopal Icidet was metioed ad liked le(ally as a similar e'et% 4$ paid out compesatios ad fies amouti( to more tha S F1%5 +illio for a accidet# which was just a trifle# compared to the disaster of 4hopal% $ersoal ijury cases were also heard# ad awarded compesatios# as it is a well-kow fact that the field of "orts is well de'eloped ad awareess to seek compesatio for persoal le(al ijuries widespread i the S% It reiforced i the facts that you caot (et away with doi( a wro( o the people of the ited States# +ut if a S orporatio ad S citiDes are i'ol'ed i wro(s a(aist the people of other de'elopi( atios# the same strict measures otherwise udertake are# i'aria+ly# 'ery slack% 4ut for fi,i( the lia+ility i 4hopal# the suspicious role of the Go'ermet of Idia i aidi( a idi( ad I! also caot +e ruled out%
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Con4-6/ion "he mai setime setimett at the +e(ii +e(ii( ( of our study study was the feeli( feeli( of anger towards Union Carbide and the government of the United States +ut as we wet further ito our study of the
case# we felt that the government of India played a huge role i it# ri(ht from the cause of the disaster to the delayed justice to the 'ictims% As they say the rich are (etti( richer ad the poor are (etti( poorer# seemed to +e the case% "o ela+orate o this# Idia has a history of a socio judicial system of casteism# the people most affected i this catastrophe were from the lower caste 8shudras:%"hey were the poor from ear+y 'illa(es who had come ad settled aroud the factory i the hope of fidi( work# i fact iroically may were employed at the factory for odd jo+s ad also at the maa(ers homes etc% "here were so may lapses o our part# starti( from allowi( the factory i such a locatio i +hopal8ri(ht i the middle of tow:e'e thou(h the 7uicipal orporatio had disappro'ed of it% "he to ot ha'e laid dow strict ad stri(et rules for a factory of such a 'olatile ature %"he oce the accidet happeed ad the E9 # 7r Carre Aderso# came dow for the heari(# the the chief miister of 7$# 7r Arju Si(h# had him arrested # for the sake of pu+licity as electios were aroud the corer# to (ai some electoral +eefit # to show that he was (oi( to (et them justice# of course he was immediately released o +ail# +ut that scared the officials fore'er # they were scared of the coseueces of setti( foot o Idia soil# which led to further delay i heari(s of the case% urther the compesatios were decided without cosulti( the 'ictims ad years after the compesatio was awarded howe'er mea(re has yet ot de the li(ht of day +y may cocered% 30 years after the catastrophe catastrophe we ca still still see the effects effects of the Gas !eak i 4hopal# yet justice has eluded them% So may (o'ermets ha'e cha(ed ad they ha'e all used this tra(edy to the ad'ata(e ad'ata(e of their 'ote couts couts +ut ot oe has +ee a+le to +ri( the dues to the 'ictims% 'ictims% E'ery opportuity has +ee milked +y e'ery do (ooder to their ad'ata(e +ut horrors of 1> still li'e
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o i the form of 'ictims# pollutio ad city that may e'er +e more famous for aythi( more tha its tra(ic failure% I this day ad a(e of Glo+aliDatio# the !aw of "orts ad a ui'ersal jurisdictio +ecome more rele'at tha e'er +efore% So as to a'oid compaiesBcorporatios from comi( ito a coutry for their +eefit ad to ru out at the first si( of trou+le% As did # they were i a domiat positio as Idia was i a 'ery po'erty stricke state ad they were +ri(i( i pesticide maki( techolo(y that would help i the (rowth of wheat ad other a(ricultural produce that was drou(ht resistat # +ut with the use of a lot of pesticide% Ce were i a hurry to (et this started ad the compay took ad'ata(e of that ad the rela,ed attitude of the (o'ermet plus the later losses faced +y the compay# led to the ufortuate icidet% "here has to +e a clear law which makes sure that its applicatio holds them lia+le for their actios ad the weaker sectio i the society are ot e,ploited# a+used ad left to their fate% As we kow that the most affected i this case were the poor slum dwellers aroud the factory# may of whom worked e'e for the factory maa(ers etc% at their homes ad also may who did odd odd jo+s jo+s for for the the fact factory ory%% reen Pea4e and Ane/!1 In!erna!iona- played a hu(e rule i +ri(i( to the task ad uestioi( the S (o'ermet o how they were cooperati( i these matters ad also what kid of (lo+al cooperatio policies are reuired I the e'et of such a lar(e scale disaster as 4hopal# the uestios like who is ri(ht ad who is wro( ad who was e(li(et ad who was ot +ecome totally irrele'at i the pli(ht of thousads of people who (et affected a ffected i oe si(le i(ht% "he tra(edy is still cosidered to +e the worlds worst idustrial disaster% If we Goo(le it# it still shows up as oe of the top 10 ma-made disasters i the world# ri'alli( !odoPs Oiller fo(# the .ussia Juclear $lat e,plosio i hero+yl# etc% "o pre'et such e'ets from occurri( i the future# the (o'ermet should thorou(hly check ad re(ulate such idustries% "hey should +e placed uder costat sur'eillace ad the acti'ities of such idustries should +e moitored at least oce i e'ery si, moths% Ay kid of repair i ay of the machies or euipmets should +e immediately atteded to% "he (o'ermet should take it upo itself to make sure that e'erythi( is fuctioi( properly%
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Apart from this# the (o'ermet should also make sure that there is a proper mechaism for compesatio to the 'ictims% It should esure speedy justice ad should make sure that proper relief is (i'e to the 'ictims% It is totally ujustifia+le to lea'e e'e a si(le 'ictim without pro'idi( relief% Ropefully# such icidets should e'er occur a(ai# ad e'e if they do# we should ot for(et the lessos from 4hopal ad we should make sure that ay law cappi( the limit o the lia+ility of such lar(e ma(itude disasters should +e declared as ucostitutioal% "he iitial char(es a(aist the accused should ot ha'e +ee uashed sice the accused deser'ed a trial uder Sectio 30> $art II% E'erythi( ow depeds o the petitio filed +y the %4%I% to recosider the 1 jud(met% A curati'e petitio ca oly +e allowed i rarest of rare cases# the +urde is o the (o'ermet to pro'e to the ourt that declii( to recosider the 1 jud(met would +e a(aist the judicial ite(rity ad would show irremedia+le ijustice ad (i'e out a +ad messa(e to the society% 9wi( to the maer i which the (o'ermet has hadled the case so far# the 'ictims caot +ut wait i a(uish to see whether this petitio is oly a illusio of hope or a small part of justice which they mi(ht recei'e% rece i'e%
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Re#eren4e/
Web/i!e/
http@BBe%wikipedia%or(Bwik http@BBe%wik ipedia%or(BwikiB4hopalTdisaste iB4hopalTdisaster r http@BBwww%(reepeace%or( http@BBwww %(reepeace%or(BusaBeBcampai(sB BusaBeBcampai(sBto,icsBjustice to,icsBjustice-for-+hopalB -for-+hopalB http@BBwww%idiakao http@BBwww %idiakaoo%or(Bdocfra(m o%or(Bdocfra(metB5>00?BMform etB5>00?BMformIputUuioH20c IputUuioH20car+ideH20corporat ar+ideH20corporatio io http@BBwww%hidusta http@BBwww %hidustatimes%comBidia-ew times%comBidia-ewsB+hopalBpael sB+hopalBpael-'isits-+mhrc-i-+h -'isits-+mhrc-i-+hopal-ot-happy opal-ot-happy-with-withfacilitiesBarticle1-125???0%asp, http@BBwww%preser'earticles%comB2011011>32?3Bcase-study-of-+hopal-(as-leak-disaster%html +ooB/
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