The Madhya Pradesh High Court has ordered the state government to urgently dispose of toxic waste at the Union Carbide factory, highlighting 40 years of inaction since the 1984 Bhopal gas disaster. The court mandates waste removal within four weeks, warns of contempt actions for non-compliance, and demands accountability to prevent further tragedies.
Bhopal: The Madhya Pradesh High Court has issued a scathing order directing the state government to dispose of the toxic waste lying at the defunct Union Carbide factory in Bhopal. In its strongly worded judgment, the court highlighted the authorities’ “state of inertia” even after 40 years of the 1984 Bhopal gas disaster, warning that inaction could lead to “another tragedy.”
The division bench of Chief Justice SK Kait and Justice Vivek Jain, in its order passed on Tuesday, called the situation a “sorry state of affairs” and demanded urgent measures to ensure public safety.
A Tragedy That Lingers Decades Later
The Bhopal gas disaster, which unfolded on the night of December 2-3, 1984, involved a leak of methyl isocyanate (MIC) gas from the Union Carbide factory. The disaster claimed 5,479 lives and left over 500,000 people injured. Despite decades passing, the hazardous waste from the site remains, threatening the health and safety of residents.
The court noted the failure to act, stating:
“They are still in a state of inertia despite 40 years from the date of the gas tragedy. Though the plan has been sanctioned, a contract has been awarded, but still the authorities are in inertia that may lead to another tragedy to take shape before acting further.”
Four Weeks to Act or Face Contempt
The court ordered the state government to:
- Remove and transport the toxic waste from the site within four weeks.
- Undertake all necessary safety measures during transportation and disposal.
If the government fails to comply, the Madhya Pradesh Chief Secretary and the Principal Secretary of the Bhopal Gas Tragedy Relief and Rehabilitation Department must appear in court to explain the delay.
“The toxic waste/material should be sent to the place assigned within four weeks, failing which contempt proceedings will be initiated,”
the court added.
Clean-Up, Remedial Measures, and Accountability
The court emphasized the immediate clean-up of the Union Carbide factory site and the removal of all contaminants affecting the surrounding soil and groundwater.
“This is a really sorry state of affairs because the removal of toxic waste, decommissioning the MIC and Sevin plants, and removal of contaminants are of paramount requirement for the safety of Bhopal’s general public,”
the bench observed.
The cost of implementation will be shared by the state and central governments as per earlier directives.
Failure to Act Despite Contracts and Funds
The court reprimanded the state government for its inaction despite receiving ₹126 crore and awarding a contract in September 2021.
“The contractor has already been paid 20% of the amount. However, till date, the contractor concerned has not taken any steps,”
the bench said.
The court instructed all relevant authorities to collaborate and expedite permissions within one week to avoid further delays.
Strict Warning Against Non-Compliance
The bench warned that any department failing to comply would face prosecution under the Contempt of Courts Act.
“If any authority creates hurdles regarding compliance, the Chief Secretary of the State Government of MP shall indicate on the next date of hearing so that this Court may take strict action,”
it said.
Progress Report Due January 6, 2025
The High Court directed the state to submit a compliance report supported by a personal affidavit from the Principal Secretary of the Bhopal Gas Tragedy Relief and Rehabilitation Department.
“The report shall contain each day’s progress starting from tomorrow onwards,” the bench ordered.
The matter has been listed for the next hearing on January 6, 2025.
A Call for Justice and Action
This landmark order underscores the urgent need to address the toxic legacy of the Bhopal gas tragedy. As the city continues to grapple with the fallout of the disaster, the court’s directive aims to ensure accountability and protect public safety.
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