Explain the various safeguards that are present against the chemical disasters in India. (200 Words)
Refer - Indian Express
Enrich the answer from other sources, if the question demands.
IAS Parliament 5 years
KEY POINTS
At the time of the Bhopal gas tragedy, the Indian Penal Code (IPC) was the only relevant law specifying criminal liability for such incidents.
The CBI had initially charged the accused in the case under Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code (IPC).
· Bhopal Gas Leak (Processing of Claims) Act, 1985, which gives powers to the central government to secure the claims arising out of or connected with the Bhopal gas tragedy. Under the provisions of this Act, such claims are dealt with speedily and equitably.
· The Environment Protection Act, 1986, which gives powers to the central government to undertake measures for improving the environment and set standards and inspect industrial units.
· The Public Liability Insurance Act, 1991, which is an insurance meant to provide relief to persons affected by accidents that occur while handling hazardous substances.
· The National Environment Appellate Authority Act, 1997, under which the National Environment Appellate Authority can hear appeals regarding the restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986.
· 5. National Green Tribunal, 2010, provides for the establishment of a National Green Tribunal for effective and expeditious disposal of cases related to environmental protection and conservation of forests.
The state of chemical disaster risk in India
· According to the National Disaster Management Authority (NDMA), in the recent past, over 130 significant chemical accidents have been reported in the country, which have resulted in 259 deaths and caused major injuries to more than 560 people.
· There are over 1861 Major Accident Hazard (MAH) units spread across 301 districts and 25 states and three Union Territories in all zones of the country. Further, there are thousands of registered and hazardous factories and unorganised sectors dealing with numerous ranges of hazardous material posing serious and complex levels of disaster risks.
Deepika 5 years
Please give feedback.
IAS Parliament 5 years
Try to include about the role of National disaster management act 2005. Suggestions are not need here. Try to elaborate more the acts. Keep Writing.
Aradhana Tiwari 5 years
A major leak from a polymer plant LG Polymers near Visakhapatnam impacted villages in a five-km radius raised fears of a serious industrial/chemical disaster.
>>> Various safeguards that are present against the chemical disasters in India :
• Bhopal Gas Leak (Processing of Claims) Act, 1985 - gives powers to the central government to secure the claims arising out of or connected with the Bhopal gas tragedy.
• The Environment Protection Act, 1986, which gives powers to the central government to undertake measures for improving the environment and set standards and inspect industrial units.
• In MC Mehta vs Union of Indiain 1986, case- the Supreme court while dealing with the leak of oleum gas in Delhi formulated the principle of ‘absolute and strict liability’.
- This means that if there is an accident at a plant like LG Polymers in Visakhapatnam, which involves the manufacture or use of a hazardous substance (like styrene gas here, or oleum gas in the Delhi case) the company which runs the plant has to make sure that it compensates everyone who suffers any sort of harm as a result.
- For them to be held responsible, there is no need to show they were negligent, or did something which caused the leak – the very fact that it happened from their plant is enough.
• The Environment Relief Fund (ERF), a central fund under the Public Liability Insurance Act, 1991 - provide immediate relief to victims of accidents in chemical industries.
• The National Environment Appellate Authority Act, 1997, under which the National Environment Appellate Authority can hear appeals regarding the restriction of areas in which any industries shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986.
• Civil Nuclear Liability Act, 2010 - deals with instituting civil liability for nuclear damage and granting prompt compensation to victims of a nuclear incident.
• The National Green Tribunal of 201
0- does speedy disposal of cases related to environmental hazards.
>>> Conclusion :
To summerise, we can say that ,the laws in India provides protection to victims of chemical disasters.
IAS Parliament 5 years
Good attempt. Keep Writing.
Pavithra.R 5 years
Kindly review my answer.
IAS Parliament 5 years
Good attempt. Keep Writing.
