Bhopal Case Back Before the Indian Supreme Court

Indian government and victims seek reopening of historic gas leak case

The Bhopal disaster

The 1984 gas leak at the Bhopal plant operated by a subsidiary of Union Carbide (UC) is the best-known and most horrific toxic tort case in history. Litigation was filed in federal court in New York, but at the request of UC, was dismissed and sent to India. The government of India passed a law declaring itself to be the sole legal representative of the thousands of victims. In 1989, a $470 million settlement was reached and approved by the Supreme Court of India. For the next twenty years, victims of the tragedy have never given up their struggle to achieve a more just result. As one commentator has observed:

“Bhopal isn’t only about charred lungs, poisoned kidneys and deformed fetuses. It’s also about corporate crime, multinational skullduggery, injustice, dirty deals, medical malpractice, corruption, callousness and contempt for the poor. Nothing else explains why the victims’ average compensation was just $500 for a lifetime of misery… Yet the victims haven’t given up. Their struggle for justice and dignity is one of the most valiant anywhere. They have unbelievable energy and hope… the fight has not ended. It won’t, so long as our collective conscience stirs.”

The Bhopal case returns to court

bhopal crowd 2 inset Bhopal Victims In 2010, in response to the unrelenting efforts of the victims’ groups described above, the government of India employed a rarely used procedure known as a “curative petition” to request relief from India’s Supreme Court, concerning both the civil and criminal aspects of the case. The civil petition asks that the 1989 settlement be reopened due to two “extraordinary circumstances”: the vastly greater number of victims than was originally known; and UC’s failure to face criminal charges in India. An outstanding team of pro bono lawyers is representing a variety of intervening victims’ groups. Those groups have always felt that the original settlement did not adequately compensate the victims, and believe that the government’s position in the curative petitions is not nearly assertive enough.

EDLC provides support

EDLC was asked and agreed to provide financial support for expenses by the victims’ pro bono lawyers working on the petition and hearings. EDLC also assisted with U.S. law relating to corporate liability issues.

A panel of the Indian Supreme Court will begin hearing argument on the curative petition in the coming months. The relief sought includes a vastly larger monetary award, and the inclusion of Dow Chemical as a responsible party (Dow purchased UC a number of years after the tragedy). The proceeding likely marks the last chance for justice in this landmark case. The outcome is eagerly awaited by people around the world.

If, owing to the pre-settlement procedures being limited to the main contestants in the appeal, the benefit of some contrary or supplemental information or material, having a crucial bearing on the fundamental assumptions basic to the settlement, have been denied to the court and that, as a result, serious miscarriage of justice, violating the constitutional and legal rights of the persons affected, has been occasioned, it will be the endeavour of this Court to undo any such injustice.

- Supreme Court of India, 1989 decision approving settlement of case between India and Union Carbide in connection with Bhopal gas leak