(Daily News Scan - DNS English) Safeguards Against Chemical Disasters in India
Recently we all have heard about a gas leak from a factory in Vishakhapatnam. This gas leak was from LG Polymers factory situated on the outskirts of Visakhapatnam, Andhra Pradesh. The gas from the factory killed at least 11 people on Thursday. Many residents of the nearby areas have been affected by this incident. Some of the people died and some fell unconscious on the roads. Usually in various incidents and accidents like these the victims have got compensation and protection through laws present in our country.
IN todays DNS we will be discussing about the law in India for the protection of people from these disaster.
We all must have heard and read about the Bhopal Gas Tragedy. At the time of the Bhopal gas tragedy, the Indian Penal Code (IPC) was the only relevant law specifying criminal liability for such incidents, reported PRS Legislative. The CBI had charged the accused in the case under Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code (IPC). Then the charges were later framed under the Section 304A, which deals with death due to negligence and imposes a maximum punishment of two years and a fine.
Again the charges were reframed after a 1996 Supreme Court judgment held. It claimed that there were no evidence to show that the accused had knowledge that such a gas leak would happen and kill people.
Followed by this Bhopal Gas Tragedy, soon the government had started to pass a series of laws regulating the environment and prescribing and specifying safeguards and penalties.
Some of the laws made are discussed below-
- 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.
- National Green Tribunal, 2010, provides for the establishment of a National Green Tribunal for effective and expeditious disposal of case related to environmental protection and conservation of forests.
As per the PRS Legislative, any incident similar to the Bhopal gas tragedy will be tried in the National Green Tribunal and most likely under the provisions of the Environment (Protection) Act, 1986. The PRS states, if an offence is committed by a company, every person directly in charge and responsible will be deemed guilty, unless he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such an offence.
According to the National Disaster Management Authority (NDMA), in the recent past, more than 130 significant chemical accidents have been reported in the country. These accidents have resulted in 259 deaths and caused major injuries to more than 560 people. In India 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. These should be kept away at a good distance from the residential areas so that accidents like the one in Vishakhapatnam cannot affect human life.
