Bhopal Gas Tragedy: Over 38 years later

December 3, 1984, in the worst industrial disaster, methyl isocyanate gas leaks from UCIL pesticide plant, killing over 3,500 people, according to official figures.

December 3, 1984, in the worst industrial disaster, methyl isocyanate gas leaks from UCIL pesticide plant, killing over 3,500 people, according to official figures. On December 7, Carbide chairman Warren Anderson flies to Bhopal. He is arrested at airport; released on $2,000 bail; leaves India. Union Carbide named 10th defendant in a criminal case for wrongful deaths.

Compensation timeline

1985:- February: Union govt files $3.3 billion lawsuit against Union Carbide in US court
November 26: Judge Keenan approves plan to disburse $5 million relief funds
1986:- September 9: Indian govt seeks $3 billion, sues on behalf of the victims in the Bhopal district court
1987:-  December 17: Bhopal District Judge MW Deo orders Union Carbide to pay victims roughly $270 million in pre-trial interim relief
1989:- February: Indian govt and Union Carbide settle out of court, and Union Carbide awards $470 million in compensation
1992:- January: Part of $470 million distributed to Bhopal gas victims
2004:- July: Supreme Court orders the central bank to pay out more than L15 billion, part of the original $470 million received as compensation held in a dollar account since 1992
October: Bhopal gas victims protest the govt failure to pay compensation to victims
October: Supreme Court sets November 15 as the deadline for paying compensation. Authorities begin distributing compensation

Curative Petition Timeline in SC

• Dec 2010 petition seeks additional compensation of L7,413 cr and re-examination of SC order dated Feb 14, 1989, where the compensation was fixed at $470 mn (L750 cr)
• The earlier death figure was 3,000 and that for injury cases was 70,000. However, the actual number of deaths is 5,295 and the injury figure stands at 5,27,894
• In Sept 2022, a constitution bench gave Solicitor General Tushar Mehta time till Oct 11 to seek direction from Center whether it wants to “press” its curative petition seeking enhancement of compensation, which was already paid out by Union Carbide
• In Oct 2022, Attorney General R Venkataramani informs the bench that the Union government was keen to pursue the curative petition
• On Jan 10, 2023, Harish Salve appearing for Union Carbide apprises the bench that the Union government has filed new sets of documents and that UCC was not willing to pay a “farthing” more
• Justice Kaul tells the Union govt not to treat the curative petition as a retrial
• Justice Nath expresses concern that the tragedy happened in 1984 and the settlement was arrived at in 1989, yet the govt didn’t have the correct data on the number of people affected
• Salve apprised the bench that as per the govt affidavit filed in Oct 2006, each and every claimant has received compensation
• In reply, A-G says the same did not take into account the increase in the number of death and injury recorded subsequently
• On Jan 11, 2023, SC tells Centre that curative plea cannot be tried as a suit or a “review of review” petition. It questions why Centre was waiting for UCC to pay when Centre, as a welfare state, should have come forward to pay on its own
• On Jan 12, 2023, a five-judge bench reserves verdict in curative plea