Visakhapatnam Gas Leak

WHAT HAS HAPPENED?

While India was already dealing with the increasing number of Covid-19 case and a terrorist attack in Hardwar which martyred 6 military personnel, the nation today woke up to the terrible news of styrene gas leak in the outskirts of Visakhapatnam. As per reports, the leakage happened at around 3 AM at LG Polymers industry at RR Venkatapuram near Naiduthota, an area close to Gopalapatnam, on Thursday early morning. At least 8 people have died, which includes one eight-year-old girl and two senior citizens. Many people were found to be lying unconscious on the roads. They have been hospitalized in the nearby King General Hospital. Many others have also been hospitalized after they complained of feeling dizzy, a burning sensation in the eyes and breathing difficulties.

According to officials, “Around 5,000 tons of polymer were kept in two tanks and it was not unattended. It was in the storage system. There was an automatic chain reaction because it is polymer. Due to that heat, vapors came out.” It is also being reported that the situation has largely been controlled and all the villages in the close vicinity have been evacuated. But even though the leak is being controlled, the situations in hospital remains bleak as Minister of Home Affairs G Kishan Reddyurged the government to use private hospitals for treatment as government hospitals are full due to COVID-19 patients. According to the authorities, the situation has been stable, and the gas has been neutralized. Rescue operation has been carried out by police officers, National Disaster Response Force (NDRF) and State Disaster Response Force (SDRF).

An FIR has been registered against LG Polymers Company.

WHAT WE CAN LEARN FROM THE BHOPAL GAS TRAGEDY?

Whenever such incidents take place, one cannot, not, think and be reminded of the Bhopal Gas Tragedy, which has been given the title of “World’s Worst Industrial Disaster”. The Bhopal Gas tragedy which happened decades ago still has chilling effects. While several innocent citizens have been suffering, the saddest part of the whole disaster was that the victims never got justice as the CEO of Union Carbide Corporation, the company which owned the pesticide plant, largely remained free while the victims were left to suffer. Warren Anderson was charged with manslaughter by Indian authorities. He flew to India and was promptly placed in custody by Indian authorities but was allowed to return to the United States. Even though he was declared a fugitive by Chief Judicial Magistrate of Bhopal for failing to appear in court and his extradition was also requested, but always declined by the US, Warren Anderson never appeared in any court proceeding and escaped any liability. In 1989, UCC paid $470 million (equivalent to $845 million in 2018) to settle litigation stemming from the disaster. But the question always arose whether the pecuniary compensation for millions of victims was enough justice.

LEGAL REMEDIES AVAILABLE 

By the virtue of the landmark judgement of M.C. Mehta v. Union of India, which dealt with the issue of oleum gas leak in Delhi, a lot of changes have been brought in the way of deciding liability of giant corporations in such industrial disasters. The principle of strict and absolute liability was extensively discussed in the case. The court stated that “all the industries which are set up in the residential locality and engaged in a hazardous toxic chemical which will affect the health and safety of the people of locality owe an absolute responsibility for the community to ensure them no harm or damage will be caused to them.  The industries are under obligation to use the highest standard amount of equipment and machines to avoid damages to a large number of the population residing nearby.”

The rule laid down under this case was approved by Court in Charan Lal Sahu Vs. Union of India, where the court held that defendant has absolute liability for the act he cannot escape by saying that he took all the reasonable care on behalf of his part.

This means that any industry will be absolutely liable to pay compensation for their actions and no defense would be accepted, as laid down under the principle of absolute liability.

It is also worth noting that after the Bhopal Gas Tragedy, several people were found guilty of causing death by negligence as under section 304A of the Indian Penal Code.

It must be noted that it is too soon to come to any decision, but those who have suffered due to this gas leak shall be compensated and justice shall be given.