Bhopal Gas Tragedy
Group 6 – Section B
Bhopal Gas Tragedy, the worst industrial disaster in the history of world, tolled over 20,000 lives and impacted more than 200 thousand people with various health issues. It all happened on the midnight of 2-3 December, 1984 at Union Carbide plant in Bhopal. From the plant very toxic gas called methyl isocyanate leaked and spread over the city of Bhopal.
Allegation of negligence was framed over the company Union Carbide India Ltd. (UCIL) by court. It took almost 25 years to Indian Judicial System to give a verdict over the case. Punishment was so lenient that it caused anger between victims. They demanded to frame charges against Union Carbide Corporation, the parent company of UCIL, and bring the Chairman of UCC for hearing.
This case tries to analyse the various aspects of the accidents and various aspects of judicial paralysis of Indian System. To understand about the case first we have to understand about the criminal negligence and then will move further.
Criminal Negligence is defined in the Indian Penal Code under Section 304-A.It says, "Causing death by negligence- Whosoever causes the death of any person by doing any rash or negligent act not amounting to murder to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both"
This section is of such nature that when a crime has taken place and that too with no "mensrea" that is with a guilty mind then also the perpetrator shall be punished. There is no motive or intention of the perpetrator to cause such harm but still due to some rashness or negligence inadvertently the crime happens. They are punishable just because the death has happened of individuals because of such rashness or negligence.
The ingredients of the offence are:
1. Death of a person in question.
2. Accused of such death.
3. Such act...