India Legal News: After 25 Years Bhopal Tragedy Verdict on June 7, 2010

Almost 25 years later after India’s worst industrial disaster, India legal news reports that a court in Bhopal has delivered the verdict in the Bhopal gas tragedy case.  All the eight accused in this case have been convicted and found guilty by the court. The accident took place on 2nd December 1984, and is attributed to the failure of safety systems, which allowed forty tones of the poisonous methyl isocyanate from the Union Carbide plant, to mix with water at a high temperature. Slum dwellers were the worst affected people in this devastating tragedy. The official number of deaths according to the State Government was 3, 787. However, it is reported that about 20,000 people died and 5.7 lakh people were injured in the Bhopal gas tragedy, making it the world’s worst industrial disaster!

Bhopal gas, tragedy, Union Carbide, Verdict June 7 According to various reports, many people in Bhopal still suffer from chronic illness and side-effects of the incidents, such as diabetes, cancer and birth defects in children.  [/caption] Records indicate that 6,000 patients who have been affected by the tragedy visit hospitals in Bhopal every day. Another disturbing fact is that huge amounts of hazardous chemical waste are lying about in the pesticide plant’s premises and this issue has not been tackled effectively. It is dangerous yet there has been no proactive initiative taken forward to counter it. Lastly, the victims have received very little compensation or support.

India Legal News: Bhopal Gas Trial Criminal Court Verdict Came Too Late

Based on India legal news reports, the city judicial magistrate of Bhopal Mohan P Tiwari, has convicted the eight accused in the Bhopal gas tragedy case. The eight accused in this case are former chairman of the Union Carbide India Ltd Keshub Mahendra, ex-MD Vijay Gokhle, ex-V-P Kishore Kamdar, ex-Works Manager J. Mukund, ex-Production Manager S. P. Choudhary, ex-Plant Superintendent K. V. Shetty, ex-Production Assistant S. I. Quershi and R. B Roy choudhary, who died during process of trial.

All the accused were charged with Sections 304-A (causing death by negligence), 304-II (culpable homicide not amounting to murder), 336, 337 and 338 (gross negligence) of the Indian Penal Code.

The prosecution has presented 178 witnesses before the court and five ex-employees of the company were presented as witnesses by the defense lawyers before the court.

The ex-chairman of the UCC of the U.S. was also charged for the crime by CBI in 1987. However, no word has been given on him as he is absconding, since the court proceedings began. 

Final Legal Take Away Tip: Originally all the accused were charged with culpable homicide not amounting to murder, which could have resulted in 10 years of imprisonment. However, later on the charges were reduced by the Supreme Court to 304(A) i.e. death due to negligence carrying punishment up to 2 years of jail and Rs.5, 000 as fine.
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today is probably the saddest day for the justice system of india...aftr 25yrs when d gas tragedy happened in bhopal,the verdict comes.....2yrs imprisonment,5000 fine for 8 people,ceo of the company absconding....this is d justice tht the 25000 ppl who died in tht tragedy get.....shame on u INDIA

Who is responsible for this failure of the system, is it the judiciary,who delivered the justice or the legislature who framed the law and system or the executive who operated the system???

Thank you all for sharing your thoughts on this post.

Naturally, we, as citizens, will feel outraged by this kind of delays and even believe it represents the failure of the system. However, we haven't taken into account the extent to which procedural delays are taking place in cases and the limitations that the lower courts have to face each day. These laws are meant to benefit the people of this country and it is the gaps in implementation that need to be fixed because the process of law is sometimes not conducive to speedy justice.

Thanks Shakil and Praveen for sharing your thoughts. Looking forward to reading more views from you.
Another factor to consider is the poor infrastructure. If we visit to the lower courts, we will see how frail, vulnerable and outdated the infrastructure, resources and even the premises are, in terms of delivering speedy justice. The discussion we began is to create awareness. Without public debate and discussion, we will never be able to create opportunities for change.

At LIG, we involve each of you to become instruments of the very change that you want to see.

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