The Madhya Pradesh High Court has issued a stern final warning to both the Union and the Madhya Pradesh state governments, directing them to file their replies in a significant public interest litigation (PIL) concerning additional compensation for the victims of the 1984 Bhopal gas tragedy. This development marks a critical juncture in the decades-long legal battle for justice by the survivors.
A Final Opportunity for the Governments
A division bench of the High Court, comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, was hearing a fresh petition filed by a consortium of four non-governmental organizations (NGOs) working extensively among the gas victims. The court expressed its impatience with the delay, granting what it explicitly termed as the "last chance" for the governments to submit their responses.
Senior counsel S Murlidhar, representing the petitioners, informed the court that notices were initially issued to the Union Government and the Government of Madhya Pradesh back in August. He pointed out that despite the lapse of four months, neither party had filed a reply to the petition. Following this, the Additional Solicitor General, appearing for the Union government, requested a four-week extension to prepare their reply. The court, while acquiescing to this request, firmly reiterated that this would be the final opportunity afforded to the authorities.
The Core of the Petition: Alleged Misclassification of Injuries
The PIL presents a compelling and distressing argument central to the victims' quest for adequate compensation. It contends that the injuries sustained by a vast majority of the victims, due to exposure to the lethal methyl isocyanate (MIC) gas, were grossly "misclassified" during the initial assessment processes. This alleged misclassification resulted in victims being categorized as having only "minor or temporary injuries," making them eligible for a paltry sum of just Rs 25,000 in compensation.
The petition backs its claims with startling official data. It states that 90% of gas victims who are currently receiving compensation for cancer were originally classified in the minor injury category. Similarly, a shocking 95% of victims compensated for chronic kidney disease were also deemed to have only temporary injuries. This discrepancy, the NGOs argue, has systematically deprived thousands of survivors of the rightful and enhanced compensation meant for those suffering from grievous, permanent, and life-threatening health conditions.
The NGOs Leading the Charge
The legal fight is spearheaded by a coalition of dedicated NGOs that have been at the forefront of advocacy for the Bhopal gas tragedy survivors for years. The petitioners in this case are:
- Bhopal Group for Information & Action
- Bhopal Gas Peedit Nirashrit Pension Bhogi Manch
- Bhopal Gas Peedit Mahila Purush Sangharsh Morcha
- Bhopal Gas Peedit Mahila Stationary Karmachari Sangh
These organizations continue to highlight the unresolved suffering and the inadequacy of the relief provided to the victims, nearly four decades after the world's worst industrial disaster devastated the city of Bhopal.
Implications and the Road Ahead
The High Court's decision to grant a final chance underscores the judicial system's dwindling patience with administrative delays in a matter of profound human suffering. The upcoming reply from the Union and State governments will be closely scrutinized, as it will shape the future course of this litigation. For the victims and their advocates, this hearing represents another step in an arduous journey towards securing what they believe is long-overdue justice and equitable compensation for the catastrophic and enduring impact of the tragedy on their lives and health.
The next hearing, expected after the four-week deadline, will be crucial in determining whether the claims of systemic misclassification will be addressed, potentially opening the door for revised compensation for thousands of affected families in Bhopal.
