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Bhopal Gas Tragedy

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BHOPAL GAS TRAGEDY: NEGLIGENCE OF THE GOVERNMENT.
“Union Carbide Corporation (UCC) vs. Union Of India (UOI)” case took place in 1987. The main legal principle used in the judgement of this case was Section 304 A, that talks about negligence and death caused by negligence.
It wasn’t just UCC’s fault, but also the government’s, however, I would like to throw more emphasis on the negligence on the government’s part .
The government acted irresponsibly in many ways. Firstly, the government prevented any external court from interfering in the case. Then it took the case to the U.S district court. by doing so government received harsh criticism, mainly on the grounds of “forum shopping” looking for the “best deals”. However, when the case was taken up in the U.S district court, Judge Keenan dismissed the case on the grounds of forum non conveniens (forum not agreeing). This further adversely affected the case.
Finally the case was heard in the High Court of Madhya Pradesh. The result was that the victims not only received the compensation at a much later date but also received a meagre amount.
The reason UCC was blamed was that due to lack of safety measure water trickled into MIC storage tank. This resulted in an exothermic reaction which in turn increased the pressure and lead to the leakage of the gas.
On comparing the UCIL plant with UCC subsidiaries elsewhere, it was found that UCIL had adopted poorer safety measures. This again puts the blame back on the government for allowing companies to adhere to poor safety standards.
In conclusion I would just like to say that liability lies mostly on the part of the government. Not only because the case was handled inefficiently, but also because of poor government policies in regards to establishment of foreign companies in India.

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