Скачать или смотреть SC decision on Bhopal Gas tragedy

On 11th January 2023, the SC reserved its order on a curative petition seeking additional compensation for victims of the Bhopal Gas Tragedy. What does this petition seek to achieve? To answer this question, we will have to first go back to December 22, 2010, when the then-UPA government filed this curative petition in the Supreme Court. It sought additional compensation from Dow Chemical Company (USA), which currently owns Union Carbide Corporation (UCC) — the company that was accused of causing the toxic gas leak disaster in Bhopal in the early hours of December 3, 1984.
In December 2010, the GOI filed a Curative Petition in the Supreme Court seeking:
• To require Union Carbide Corporation (UCC) to enhance the settlement amount
• Reimbursement of relief and rehabilitation expenses
• A sum for remediating the plant site.
The total request: is in excess of $1 billion. The Curative Petition also named The Dow Chemical Company (TDCC) as a respondent.
A Constitution Bench of the Supreme Court on Wednesday made it clear to the government that it will not "try" the curative petition of the Centre like a suit, by re-opening a $470 million compensation settlement finalised with the Union Carbide Corporation (UCC) over 30 years ago in the Bhopal gas leak tragedy case.
The court also highlighted the prospect that reopening the 1989 settlement would raise questions on the sanctity of deals arrived at with the government.
The five-judge Bench had raised questions about how the government had come directly in a curative plea without first seeking a review. The Supreme Court had consented to the settlement by means of a decree in February 1989. The court had refused to re-open the settlement in an order in 1991.
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Host: Cherry Mishra
Edited by: Harish
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