Chemical Disasters in India
The existing laws in India provide protection to victims of chemical disasters.
Laws after Bhopal tragedy
1. Bhopal Gas Leak (Processing of Claims) Act, 1985
a. It gives powers to the central government to secure the claims arising out of or connected with the Bhopal gas tragedy.
b. Under the provisions of this Act, claims are dealt with speedily and equitably.
2. The Environment Protection Act, 1986
It gives powers to the central government to undertake measures for improving the environment and set standards and inspect industrial units.
a. Under this, the Centre has notified Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 and the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 for regulating hazardous substances.
b. Violation of these regulations or failure to comply with standards would constitute an offence. The Act also has provisions against government officials found violating the law.
c. The accused are booked under Section 304A of the IPC, pertaining to causing death by negligence and with a provision of jail term of maximum two years.
3. Indian Penal Code
a. At the time of the Bhopal gas tragedy, the Indian Penal Code (IPC) was the only relevant law specifying criminal liability for such incidents.
b. The accused was initially charged in the case under Section 304 (culpable homicide not amounting to murder) of the IPC.
c. The charges were later framed under Section 304A, dealing with death due to negligence and imposes a maximum punishment of two years and a fine.
4. The Public Liability Insurance Act, 1991
a. It is an insurance meant to provide relief to persons affected by accidents that occur while handling hazardous substances.
b. The Environment Relief Fund (ERF), a central fund under the Public Liability Insurance Act, 1991, was set up to provide immediate relief to victims of accidents in chemical industries.
5. The National Environment Appellate Authority Act, 1997
Under this, the National Environment Appellate Authority can hear appeals regarding the restriction of areas in which any industries, operations or processes are not be carried out or carried out subject to certain safeguards under the Environment (Protection) Act, 1986.
6. National Green Tribunal, 2010
a. It provides for the establishment of a National Green Tribunal for effective and expeditious disposal of cases related to environmental protection and conservation of forests.
b. Any incident similar to the Bhopal gas tragedy will be tried in the National Green Tribunal and most likely under the provisions of the Environment (Protection) Act, 1986.
7. Civil Nuclear Liability Act, 2010
a. The 2010 Act deals with instituting civil liability for nuclear damage and granting prompt compensation to victims of a nuclear incident.
b. Civil nuclear law does not deal with criminal remedies. The principle of strict liability was evolved by the Supreme Court in the 1987 Oleum Gas leak case to fix civil liability on companies and compensate the victims.
Potential risk in India
1. There are thousands of Major Accident Hazard (MAH) units spread across India in all zones of the country.
2. There are thousands of registered and hazardous factories and unorganized sectors dealing with numerous ranges of hazardous material posing serious and complex levels of disaster risks.
Source: The Hindu and Indian Express
ಕಾಮೆಂಟ್ಗಳಿಲ್ಲ:
ಕಾಮೆಂಟ್ ಪೋಸ್ಟ್ ಮಾಡಿ