Toxic Deaths: Revisiting all the major Gas Leaks in India

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This post has been written by Supriya Bhatpahari , a student of Hidayatullah National Law University, Raipur.

Article 21: No person shall be deprived of his life or personal liberty except according to a procedure established by law. Article 21 is available to both citizens and non-citizens. Article 21 mainly inspired by American constitution.

BHOPAL GAS TRAGEDY

In 1984 a gas leaked union carbide pesticide plant near Bhopal, thousand died! Lakhs of people suffered from a tragedy which will haunt them forever.

Bhopal gas tragedy is an important chapter in the world history; it is the other side of the con of scientific and technological development. People still remember that painful dark night when the gas leaked near kali parade ground in Bhopal. People feel deceived between the state and the centre on numerous occasions. For them that night was less horrifying than the fight for human rights.

“It is told that- Nature has gifted everyone an equal right to live and the same has been mentioned in Article.21 of our constitution.

  • Right to medical
  •  Right to food
  • Right to healthy environment
  • Right to shelter
  • Right to privacy
  • Right to education
  • Right to livelihood

 

In which meaning of life is more than its existence. It includes human pride and every other aspect which makes the life meaningful.

RIGHT TO LIFE means a LIFE WITH DIGNITY.

Human rights commission is all about this awareness established on 12th October 1993; it is the gird of our country and conserves the rights guaranteed by our constitution.After the Bhopal Gas Tragedy it was the commission which helped the survivors. The people might not live at their best but they realize that the commission is always their support and the commission is always available at point of time whenever the people want.

Our constitution gives rights against exploitation everyone has a right for justice but how can it be achieved? Human Rights are the best path and the destination too.

M.C. MEHTA V. UNION OF INDIA

This case originated in the aftermath of oleum gas leak from Shriram Food and Fertilizers Ltd. complex at Delhi. This gas leak occurred soon after the infamous Bhopal gas leak and created a lot of panic in Delhi. One person died in the incident and few were hospitalized. Just as in the above-mentioned case a breach of Article 21 was evident. But in this particular case, The Supreme Court held the opinion that “Since we are not deciding the question as to whether Shriram is an authority within the meaning of Article 12 so as to be subjected to the discipline of the fundamental right under Article 21, we do not think it would be justified in setting up a special machinery for investigation of the claims for compensation made by those who allege that they have been the victims of oleum gas escape. But we would direct that Delhi Legal Aid and Advice Board to take up the cases of all those who claim to have suffered on account of oleum gas and to file actions on their behalf in the appropriate court for claiming compensation against Shriram.”

VISAKHAPATNAM GAS LEAK CASE

The Visakhapatnam gas leak, also referred to as the Vizag gas leak, was an industrial accident that occurred at the LG Polymers chemical plant in R. R. Venkatapuram village near Gopalapatnam on the outskirts of Visakhapatnam, Andhra Pradesh, India, during the early morning of 7 May 2020. The resulting vapor cloud of styrene gas spread over a radius of about three kilometers affecting the nearby areas and villages. The death toll has been 11, and more than 1,000 people became sick after being exposed to the gas. As part of the process of the police investigation following the leak, a first information report (FIR) was filed against LG Polymers by the local police. On 8 May, the bench headed by Justice A.K.Goel ordered LG Polymers India to deposit an amount of ₹50 crore (US$7.0 million) as an initial amount with the District magistrate of Visakhapatnam to mitigate the damages caused due to the incident. In regard to this, National Human Rights Commission of India (NHRC) gave notice to the Andhra Pradesh Government and the central government that it considered the incident a gross violation of India’s constitutional right to life. In their notice, the NHRC was seeking a detailed report from the Andhra Pradesh Government on rescue operations, medical treatment and rehabilitation. Read more here and here.

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