1. What is the Union Carbide Corporation vs. Union of India Case all about?
The Union Carbide Corporation vs. Union of India case in 1989 is a significant judgement related to the Bhopal Gas Tragedy, one of the world’s worst industrial disasters. The case dealt with the liability and compensation for the victims of the gas leak that occurred at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh, in December 1984. The tragedy resulted in thousands of deaths and long-term health effects for many survivors.
2. Facts of the Union Carbide Corporation vs. Union of India Case Relevant for UPSC
- Parties Involved: Union Carbide Corporation (UCC) (petitioner) vs. Union of India (respondent).
- Legal Questions:
- The extent of Union Carbide Corporation’s liability for the gas leak disaster.
- The amount and mechanism of compensation for the victims.
- Noteworthy Events:
- On the night of December 2-3, 1984, a gas leak from the UCIL plant in Bhopal released methyl isocyanate (MIC), causing immediate and long-term harm to thousands of people.
- The Indian government, representing the victims, filed a lawsuit against UCC seeking compensation.
- A settlement was reached in 1989, but it was controversial and subject to further legal scrutiny.
3. What are the Major Judgements/Changes Brought by Union Carbide Corporation vs. Union of India Case?
The Supreme Court delivered a crucial judgement involving several aspects:
- The Court approved a settlement in which UCC agreed to pay $470 million (approximately ₹715 crore at that time) as full and final compensation for all claims arising from the disaster.
- The settlement was meant to provide immediate relief to the victims and avoid prolonged litigation.
- The judgement also included provisions for the establishment of a hospital in Bhopal to provide medical treatment to the victims.
4. What was the Impact of Union Carbide Corporation vs. Union of India Case on Indian Constitution?
- Compensation for Industrial Disasters: The case set a precedent for handling compensation in large-scale industrial disasters, emphasizing the need for prompt relief to victims.
- Corporate Accountability: It highlighted the importance of corporate accountability and the responsibility of multinational corporations to ensure safety and compliance with local laws.
- Judicial Intervention in Settlements: The case demonstrated the role of the judiciary in facilitating settlements that aim to provide quick and adequate relief to victims of industrial disasters.
5. Was this Union Carbide Corporation vs. Union of India Case Challenged/Reversed in Future?
The settlement was controversial and faced criticism for being insufficient. Subsequent legal actions sought additional compensation and redressal for the victims. In 2010, the Indian government filed a curative petition seeking more compensation, but the Supreme Court upheld the original settlement in 2011, citing the finality of the agreement.
6. Doctrines/Theories/New Concepts
- Doctrine of Absolute Liability: This case reinforced the concept that companies engaged in hazardous activities have an absolute duty to ensure safety and are liable for any harm caused, regardless of fault. This doctrine ensures that companies cannot escape liability by claiming they followed all safety protocols if a disaster occurs due to their activities.