Skip to main content
Title:
Charan Lal Sahu, Petitioner v. Union of India, Respondent and Rakesh Shrouti, Petitioner v. Union of India and others, Respondent and Rajkumar Keswani, Petitioner v. Union of India and others, Respondents and Rasrin Si and others, Petitioner v. Union of India and others, Respondents
Party:
India
Region:
Asia and the Pacific
Type of document:
National - higher court
Date of text:
December 22, 1989
Data source:
InforMEA
Court name:
Supreme Court of India
Justice(s):
Mukherji, S.
Singh, K., N.
Ranganathan, S.
Ahmadi, A., M.
Saikia, K., N.
Reference number:
AIR 1990 Supreme Court 1480
ECOLEX subject(s):
Waste & hazardous substances
Abstract:
Following the Bhopal Gas Leak tragedy when over 3000 people were killed by the leak of a highly toxic Methyl Isocyanate (MIC) gas from a storage tank at the Bhopal plant of Union Carbide (India) Ltd., the Government of India, acting as parens patriae, passed the Bhopal Gas Disaster (Processing of Claims) Act (1985) to take over and pursue the claims of the victims, as they were unable in their circumstances to pursue their claims fully and properly. The Petitioner challenged the validity of the Bhopal Gas Disaster (Proceedings of Claims) Act, 1985 in the Supreme Court. The Supreme Court held that the Act was valid and that the State had rightly taken over the exclusive right to represent and act on behalf of every person entitled to make a claim, as a majority of the victims were poor and illiterate. Consequently, the exclusion of the victims from filing their own cases was held to be proper. The Court also held that the Act only deals with civil liability and as such does not curtail or affect rights in respect of criminal liability.
Available in:
UNEP/UNDP/Dutch Government Joint Project on Environmental Law in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume I, Page 167