Ecolex Logo
El portal del
derecho ambiental
Resultados de la búsqueda » Jurisprudencia

Charan Lal Sahu, Petitioner v. Union of India, Respondent and Rakesh Shrouti, Petitioner v. Union of India and others, Respondent and Rajkumar Keswani, Petitioner v. Union of India and others, Respondents and Rasrin Si and others, Petitioner v. Union of India and others, Respondents

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
Dic 22, 1989
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court of India
Juez
Mukherji, S.
Singh, K., N.
Ranganathan, S.
Ahmadi, A., M.
Saikia, K., N.
Número de referencia
AIR 1990 Supreme Court 1480
Idioma
Inglés
Materia
Desechos y sustancias peligrosas
Palabra clave
Desastres Responsabilidad/indemnización Sustancias peligrosas
Resumen
Following the Bhopal Gas Leak tragedy when over 3000 people were killed by the leak of a highly toxic Methyl Isocyanate (MIC) gas from a storage tank at the Bhopal plant of Union Carbide (India) Ltd., the Government of India, acting as parens patriae, passed the Bhopal Gas Disaster (Processing of Claims) Act (1985) to take over and pursue the claims of the victims, as they were unable in their circumstances to pursue their claims fully and properly. The Petitioner challenged the validity of the Bhopal Gas Disaster (Proceedings of Claims) Act, 1985 in the Supreme Court. The Supreme Court held that the Act was valid and that the State had rightly taken over the exclusive right to represent and act on behalf of every person entitled to make a claim, as a majority of the victims were poor and illiterate. Consequently, the exclusion of the victims from filing their own cases was held to be proper. The Court also held that the Act only deals with civil liability and as such does not curtail or affect rights in respect of criminal liability.
Texto completo
Jud.Dec.Nat.pre.pdf
Disponible en
UNEP/UNDP/Dutch Government Joint Project on Environmental Law in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume I, Page 167

Referencias

Cited by