The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985

Summary of The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985
Purpose & Commencement
• Purpose: To efficiently and equitably handle claims from the 1984 Bhopal gas leak disaster.
• Commencement: Deemed effective from February 20, 1985.
Key Provisions
1. Definitions & Scope
• Disaster & Claim: Refers to the 1984 Union Carbide gas leak, including claims for life loss, injury, property damage, and related expenses.
• Claimant: Entitled individuals or their representatives.
2. Central Government's Role
• Exclusive Representation: Represents all claimants domestically and internationally.
• Civil Court Powers: For specified claim-related matters under the Code of Civil Procedure, 1908.
3. Claimant Rights & Procedural Aspects
• Personal Legal Representation: At claimant's expense, alongside Government representation.
• Limitations & Overriding Effect: Specific exclusions from the Limitation Act, 1963, and precedence over other enactments.
4. Administrative & Financial Provisions
• Commissioner Appointment: For victim welfare, with duties as per the framed Scheme.
• Scheme for Claims: Includes registration, processing, record-keeping, fund creation, and disbursement procedures.

Legislative History:

The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985

Act Title - The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985

Act Number/Year - 21 of 1985

Act ID (India Code) - 198521

Presidential Assent Date - March 29, 1985

Enforcement Date - February 20, 1985

Nodal Ministry - Ministry of Chemicals and Fertilizers

Precedent & Historical Rationale

1. The World's Worst Industrial Disaster and Exploitation Risks:

o On the night of December 2-3, 1984, a catastrophic leak of highly toxic Methyl Isocyanate (MIC) gas from the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh, resulted in the immediate death of thousands of citizens and caused severe, long-term injuries to hundreds of thousands more.

o In the aftermath, destitute, traumatized victims faced the immediate danger of being exploited by predatory domestic and foreign lawyers or coerced into accepting hasty, out-of-court, low-value settlements by the multinational corporation, Union Carbide Corporation (UCC).

2. Exclusive Representation by the Sovereign State:

o The legislative intent centered on conferring an exclusive, sovereign right upon the Central Government to represent all Indian citizens affected by the disaster in any legal proceedings inside or outside India.

o By stepping into the shoes of the victims as their sole legal representative, the Government aimed to streamline the processing of compensation claims, prevent multi-forum litigation chaos, and ensure that justice was pursued collectively and effectively against corporate negligence on a global scale.

Parliamentary Trajectory & Enactment

• Formulation:

Drafted urgently by the Ministry of Law and Justice and the Ministry of Chemicals and Fertilizers under the Rajiv Gandhi administration to respond to the unprecedented legal vacuum created by the catastrophe.

• Parliamentary Passage: Introduced as an emergency legislative measure, debated swiftly, and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the budget session of 1985.

• Presidential Assent: Enforced on March 29, 1985.

Source: Official Records of Parliament, India Code, and Ministry of Chemicals and Fertilizers (Department of Chemicals and Petrochemicals).