Disclaimer: Copyright infringement not intended.
Context: Nearly 40 years after Bhopal gas tragedy, the Madhya Pradesh state government will finally move ahead with its plan to incinerate 337 Metric Tons (MT) of toxic waste from the Union Carbide facility.
Details
The Tragedy
- The industrial disasters happened on the night of December 2, 1984, in Bhopal, Madhya Pradesh.
- Highly toxic Methyl Isocyanate (MIC) gas leaked from a pesticide plantowned by Union Carbide India Limited (UCIL).
Methyl isocyanate
Methyl isocyanate (MIC) is an organic compound with the molecular formula CH3NCO.
Properties
It is a very flammable liquid that readily evaporates when exposed to air.
Methyl isocyanate liquid is colorless with a pungent odor.
Use
The primary use of methyl isocyanate is as a chemical intermediate in the production of pesticides.
It is also used to produce polyurethane foams and plastics.
Immediate health effects after exposure
Methyl isocyanate vapors are severely irritating and corrosive to the respiratory tract and eyes.
Respiratory symptoms such as pulmonary edema and bronchial spasms may occur in immediate response to exposure or develop and progress in severity over a period of hours to days post-exposure. Acute exposure to very high concentrations may be quickly fatal due to respiratory failure.
Methyl isocyanate is a skin irritant and may cause chemical burns upon dermal contact.
Treatment
There is no antidote for methyl isocyanate, but its effects can be treated.
Magnitude of the crisis
- Killed around 5,000 people.
- The survivors have been afflicted by ailments ranging from skin disease to detrimental reproductive health in women and congenital health issues in children born to those exposed to the gas.
Contamination
- Water sources surrounding the factory were contaminated and many hand pumps were sealed.
- Nearby solar evaporation ponds has contaminated the groundwater of 42 settlements around the factory.
- The Scientific and Industrial Research Council of the Government of India estimated 1 metric tons of contaminated soil, 1 metric ton of mercury, 1,500 metric tons of corroded plant material, and 150 metric tons of underground chemical waste.
Efforts to manage the waste
- Central Pollution Control Board (CPCB) experts in 2005 identified a incinerator for safely disposing of the waste.
- The first 40 metric tons of waste were landfilled in Pithampur in 2008.
- In 2014, the Supreme Court directed the disposal of 10 metric tons of waste.
- Following this directive, 10 metric tons of waste were disposed of in 2015, and an assessment of its environmental impact was carried out.
- On March 4, 2024, the central government disbursed Rs 126 crore to dispose of the waste.
The plan for disposing of the toxic waste
- The project is expected to be executed in 180 days.
- The Madhya Pradesh Department of Bhopal Gas Tragedy Relief and Rehabilitation (BGTRR) will oversee the disposal of the toxic waste at the incinerator of the Treatment Storage Disposal Facility in Pithampur, Indore.
Incineration
Waste incineration is the use of high temperature furnaces to combust waste and reduce its volume by 95% and mass by 80-85%.
The remaining salts, metals and other non-combustible elements in the waste are left in the ash that is then disposed of in a landfill.
Risks involved in the process
- Ambient air quality around the incinerator was within the National Ambient Air Quality standards for monitored parameters namely PM10, SOx, NOx, arsenic, lead and benzene.
- Nickel in ambient air was also complied except in samples collected in TSDF premises.
- 2022 CPCB report : Residents had been exposed during six out of the seven trial runs to a high level of Dioxins and Furans, chemical pollutants formed as a by-product of incineration, which can gravely harm human health, causing skin disorders, liver issues and impairing the immune system.
Objections from local
- In Indore, local residents and political parties have begun protesting the incineration of the waste.
- People from Pithampur and 50 nearby villages are concerned about the negative health and environmental impacts of burning the waste.
- The local newspaper Patrika has launched a campaign against the initiative.
The law in India provides protection to victims of such chemical disasters.
Before and at the time of the tragedy
- The Indian Penal Code (IPC) was the only relevant law specifying criminal liability for such incidents, reported PRS Legislative.
- The CBI had initially charged the accused in the case under Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code (IPC).
- The charges were later framed under Section 304A, which deals with death due to negligence and imposes a maximum punishment of two years and a fine.
After the tragedy:
- Bhopal Gas Leak (Processing of Claims) Act, 1985, which 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 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 Public Liability Insurance Act, 1991, which is an insurance meant to provide relief to persons affected by accidents that occur while handling hazardous substances.
- 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.
- Any incident similar to the Bhopal gas tragedy will be tried in the National Green Tribunal and most likely under the provisions of the Environment (Protection) Act, 1986. If an offence is committed by a company, every person directly in charge and responsible will be deemed guilty, unless he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such an offence.
- Under the provision of Section 25 of EPA, 1986 another set of rules was passed “Hazardous Waste(Management and Handling) Rules, 1989”.
- The Environmental Impact Assessment Notification of 1994: Established a “Right to Know”, that is, public hearing through which the common man who would get affected by the project is given the chance to speak out and is made aware of the project.
- The principle of “Absolute Liability” was established by Supreme Court after one more gas leak in Shriram Fertilizer Factory in New Delhi on 4th Dec 1985.
- Where the oleum gas was leaked from the bursting of the tank containing oleum gas which was caused by human and mechanical errors and not by any third party.
The state of chemical disaster risk in India
- According to the National Disaster Management Authority (NDMA), in the recent past, over 130 significant chemical accidents have been reported in the country, which have resulted in 259 deaths and caused major injuries to more than 560 people.
- There are over 1861 Major Accident Hazard (MAH) units spread across 301 districts and 25 states and three Union Territories in all zones of the country.
Other Major Industrial Disasters in India in the Past:
- Chasnala Mining Disaster (1975):An explosion in a coal mine caused by methane gas and a subsequent mine collapse led to the deaths of around 700 people.
- Jaipur Oil Depot Fire (2009): A fire at an oil storage facility resulted in 12 deaths and the evacuation of over half a million people. The lack of a proper disaster management plan was a major issue.
- Korba Chimney Collapse (2009): A chimney under construction collapsed due to poor construction practices, killing 45 workers.
- Mayapuri Radiological Incident (2010):Workers unknowingly dismantled a radioactive research irradiator in a scrapyard, exposing themselves and others to radiation.
Safety initiatives taken in India to address chemical risk
- Explosives Act 1884
- Petroleum Act 1934
- Factories Act 1948
- Insecticides Act 1968
- Environment Protection Act 1986
- Motor Vehicles Act 1988
- Public Liability Insurance Act 1991
- Disaster Management Act 2005
- NDMA is also working on revamping of CIFs ( Chief Inspectorate of Factories) to strengthen chemical safety in India.
- The National Action Plan on Chemical Industrial Disaster Management (NAP-CIDM), has been finalized which will act as the roadmap for chemical disaster management in India.
Way forward
- Though there are enough laws to tackle industrial disasters in India, there is a need to reassess their effectiveness.
- There is a need to set up buffer zones around factories handling hazardous substances.
- The apex court had noted that compensation should have a deterrent effect for such disasters. It must be proportional to the capacity of the offending enterprise.
- Awareness about the disaster management plan must be disseminated to the local authorities and local people.
- The issue of sitting of the industries need to be solved by gradually removing industries away from populated areas.
- Infrastructure resilience needs to be worked upon given the increasing frequency with which natural calamities strike India like Cyclone and Earthquake.
Conclusion
The tragedy of Bhopal continues to be a warning sign at once ignored and heeded. Bhopal and its aftermath were a warning that the path to industrialization, for developing countries in general and India in particular, is fraught with human, environmental and economic perils.
Sources:
Indian Express: Reference link, DowntoEarth,Times of India.
|
PRACTICE QUESTION
Q. Bhopal Gas Tragedy was an incident which opened the eyes of the legislature, in light of the said statement discuss about the Legal Safeguards against Chemical/Industrial Disasters in India. 150 words
|
