BHOPAL GAS TRAGEDY

Copyright infringement not intended

About

• The Bhopal disaster, also known as the Bhopal gas tragedy, was a chemical accident on the night of 2nd-3rd December 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh.
  • The industrial disaster is considered the world's worst in history.
• Harmful Methyl isocyanate (MIC) gas started leaking from the Union Carbide pesticide plant, eventually resulting in the Bhopal Gas tragedy, where an estimated 3,000 people died within the first few days. Over time, many suffered life-long health issues.
  • People living in nearby areas reported a burning sensation in their eyes and difficulties in breathing, with many also losing consciousness.
• A report by the UN’s International Labour Organization (ILO) said at least 30 tonnes of the poisonous gas affected more than 600,000 workers and nearby inhabitants.
• Multiple analyses have alleged that the leak was a result of general laxity in safety rules, and in the training of the workers, most of whom were unaware of the MIC’s dangers.
• The case led to a focus on the need for protecting people and the environment from industrial accidents, afterwards, new laws were introduced by the government.
  • Major laws passed since 1984 include the Environment (Protection) Act, of 1986, which authorised the Union government to take relevant measures and regulate industrial activity for environmental and public safety.
  • The Public Liability Insurance Act of 1991, which provides public liability insurance for providing immediate relief to the persons affected by an accident occurring while handling any hazardous substance, was also passed.
• The Bhopal Gas Leak Disaster (Processing of Claims) Act was passed in 1985, giving certain powers to the Indian government for settling claims. It said the Central Government would have the “exclusive right” to represent, and act in place of every person connected with the claims.

 

Disaster

• It can be defined as a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man-made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.
• Disasters generally can be divided into natural hazards and unnatural or man-made disasters.
  • Natural disasters will include earthquakes, cyclones, tsunamis, hailstorms, floods, drought, glacial movements etc.
  • Man-made disasters include chemical, industrial and nuclear disasters.

 

Chemical disasters:  

• They are a by-product of industrialization.
• The Indian chemical industries comprise small, medium and large-scale units.
• The chemical industry which includes basic chemicals and their intermediates, petrochemicals, fertilizers, paints, pesticides, bulk drugs and pharmaceuticals is one of the most diversified industrial sectors covering more than 70,000 commercial products.

Regulatory Framework for the management of Chemical Disasters:

• One way to better understand this regulatory framework is to group them into four loose categories based on the purpose they serve –occupational health, hazardous chemicals, mitigation of accidents and redressal for victims.
• Rules governing the safety of the workers employed in factories and industries:
  • Indian Factories Act, 1948.
  • The Dock Workers (Safety, Health & Welfare) Act, 1986.
  • They fall within the domain of labour legislation.
  • These legislations regulate the working conditions of individuals employed at sites of industrial activity and prescribe rules for the maintenance of site safety.
  • Labour laws in India are currently being reformed and a consolidated Occupational Safety, Health and Working Conditions Code have been introduced in the Lok Sabha in 2019.
• Regulations dealing directly with the handling of hazardous chemicals:
  • Manufacture, Storage, and Import of Hazardous Chemicals (MSIHC), Rules, 1989: rules are only applicable to specific hazardous chemicals. The rules prescribe safety measures to be taken by industrial installations handling hazardous chemicals.
  • The Chemical Weapons Convention Act, 2000 which adopts the International Chemical Weapons Convention, also prohibits the use and acquisition of certain toxic chemicals, in addition to regulating chemical weapons.
• The mitigation of chemical accidents, once they have already occurred, is regulated by:
  • Chemical Accidents (Emergency Planning, Preparedness and Response) (CAEPPR) Rules, 1996.
  • Disaster Management Act of 2005.
• A set of laws provides recourse to victims of such accidents:
  • Bhopal Gas Leak (Processing of Claims) Act, 1985: gives powers to the central government to secure the claims arising out of or connected with the Bhopal gas tragedy. Under the provisions of this Act, such claims are dealt with speedily and equitably.
  • The public Liability Insurance Act, of 1991 provides insurance meant to provide relief to persons affected by accidents that occur while handling hazardous substances.
• Other rules and acts:
  • Environment Protection Act, 1986, which gives powers to the central government to undertake measures for improving the environment and set standards and inspect industrial units. 
  • The National Environment Appellate Authority Act, 1997, under which the National Environment Appellate Authority can hear appeals regarding the restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986.
  • National Green Tribunal, 2010, provides for the establishment of a National Green Tribunal for effective and expeditious disposal of cases related to environmental protection and conservation of forests.
  • Explosive Act 1884 and explosive Rules 2008
  • The Petroleum Act, of 1934
  • The Insecticide Act, of 1968
  • Factories Act, 1948 and Rules made there under  Factories Act and Factories Amendment Act 1987 
  • Static & Mobile Pressure Vessels Rules, 1981
  • The Environment (Protection) Rules, 1986 (amended 2004).
  • The Manufacture Storage, Import and transboundary movement of Hazardous Chemicals Rules (2008 amended in 2009)
  • The Hazardous Wastes (Management and Handling) Rules, 1989 (amended 2000 and 2003).
  • The Explosives Act, of 1884
  • The Gas Cylinder Rules, 2004.
  • The Static and Mobile Pressure Vessels (Unfired) Rules, 1981 (amended 2002).
  • Biomedical Wastes (Management & Handling) Rules, 1998/2000 and the Batteries (Management & Handling) Rules, 2001, and Hazardous Microorganism Rules, 1989.

 https://indianexpress.com/article/explained/bhopal-gas-tragedy-1984-explained-8303103/

https://t.me/+hJqMV1O0se03Njk9