Tag: justice

Following are the correct thing regarding the enforcement of safety laws which led to Bhopal Gas Tragedy:

Protection Of Life And Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21 Of The Constitution Of India.

The Bhopal disaster or Bhopal gas tragedy was an industrial accident. It happened at a Union Carbide subsidiary pesticide plant in the city of Bhopal, India. On 3 December 1984, the plant released 42 tonnes of toxic methyl isocyanate (MIC) gas, exposing more than 500,000 people to toxic gases.

The main objective of the Public Liability Insurance Act 1991 is to provide for damages to victims of an accident which occurs as a result of handling any hazardous substance. The Act applies to all owners associated with the production or handling of any hazardous chemicals.

The Bhopal disaster or Bhopal gas tragedy was an industrial accident. It happened at a Union Carbide subsidiary pesticide plant in the city of Bhopal, India. On 3 December 1984, the plant released 42 tonnes of toxic methyl isocyanate (MIC) gas, exposing more than 500,000 people to toxic gases.

Environment Protection Act, 1986 is an Act of the Parliament of India. In the wake of the Bhopal Tragedy, the Government of India enacted the Environment Protection Act of 1986 under Article 253 of the Constitution. Passed in March 1986, it came into force on 19 November 1986. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environments they relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property. The Act is an “umbrella” legislation designed to provide a framework for central government coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act.

The Union Carbide Corporation, apparently one of the first American companies to invest in India, possessed more than 50% shares in the UCIL. The reckless cost cutting measures of the Union carbide management and the ensuing breach of safety controls, the non compliance to standard operating procedures etc., purely to increase its operational profits, are all widely cited as the cause for this devastation.

When we see someone violating the law, we immediately think of informing the police. After a person is arrested, it is a court of law that decides whether the accused person is guilty or not. According to the Constitution, every individual charged of a crime has to be given a fair trial.

The judge is like an umpire in a game and conducts the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the prosecution and the defense. The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law. If the accused is convicted, then the judge pronounces the sentence. He may send the person to jail or impose a fine or both, depending on what the law prescribes.

In court, it is the Public Prosecutor who represents the interests of the State. The role of the Prosecutor begins once the police has conducted the investigation and filed the charge-sheet in the court. He/she has no role to play in the investigation. The Prosecutor must conduct the prosecution on behalf of the State. As an officer of the court, it is his/ her duty to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.