Four decades and 28 judges later, justice remains out of reach for the victims of the Bhopal gas tragedy. Despite countless hearings and appeals, the survivors continue to fight for adequate compensation and accountability. The disaster, which claimed thousands of lives and left many with lasting health issues, remains a stark reminder of corporate negligence. Yet, the legal system has struggled to deliver closure, leaving victims in prolonged despair.
Bhopal: Forty years after the Bhopal gas tragedy, victims still struggle for justice, with the case enduring a lengthy trial that has involved 19 judges over nearly 25 years. Appeals against the 2010 judgment have been heard by nine judges to date.
The disaster, which occurred during the night of December 2-3, 1984, resulted in the death of 5,479 people and affected over half a million others due to a leak of the highly toxic gas methyl isocyanate (MIC) from the Union Carbide factory.
Of the seven individuals convicted by the trial court on June 7, 2010, three have since passed away. They included Keshub Mahindra, former Chairman of Union Carbide India Limited (UCIL), and Vijay Prabhakar Gokhle, former Managing Director of UCIL. The convictions based on several sections of the Indian Penal Code concerning negligence and culpable homicide.
The court sentenced the seven convicts to two years in prison and imposed a fine of Rs 1,01,750 each. Following the judgment, the Central Bureau of Investigation (CBI) sought a curative petition in the Supreme Court for harsher penalties, but this was rejected.
The convicts, currently out on bail, have appealed the 2010 judgment, claiming innocence, while the prosecution has sought to increase the punishment based on the number of deaths.
The appeals process began in 2010, with various judges presiding over the case over the years. Notably, District and Sessions Judge Subhash Kakade handled the appeals until 2011, followed by several judges who each took turns until November 2023. Currently, Judge Manoj Kumar Shrivastava is once again overseeing the case.
The original trial saw a total of 19 judges before a verdict reached in 2010. The CBI filed the chargesheet on December 1, 1987, and the case heard by multiple judges over the years until the final verdict was delivered.
In response to the lengthy process, then Union Law Minister M Veerappa Moily remarked that the situation was an example of “justice buried,” emphasizing the need for faster investigations and trials in such serious cases.
A prominent lawyer from Bhopal suggested that the High Court designate a judge specifically to expedite the appeal process.
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