1984 Bhopal gas tragedy: Disposal of waste at Pithampur comes under Supreme Court scanner

New Delhi: The disposal of hazardous waste of 1984 Bhopal gas tragedy, which claimed 5,479 lives, near Indore came under the Supreme Court's scanner on Monday which sought responses from the Centre, Madhya Pradesh and its pollution control board.

The hazardous waste of around 377 tonnes of the now defunct Union Carbide factory was shifted to Pithampur industrial area in Dhar district, 250 km away from Bhopal and around 30 km from Indore.

The top court took note of a plea raising the seminal issue of right to health and the risk to the inhabitants of nearby areas, including the city of Indore.

Highly toxic gas methyl isocyanate (MIC) leaked from the Union Carbide factory during the intervening night of December 2-3, 1984, eventually killing 5,479 people and maiming more than five lakh others. It is considered to be among the worst industrial disasters in the world.

A bench of Justices B R Gavai and Augustine George Masih agreed to hear a plea challenging the December 3, 2024 and January 6 this year orders of the Madhya Pradesh High Court.

The high court in its December last year order rebuked the authorities for not clearing the Union Carbide site in Bhopal despite directions from even the Supreme Court and set a four-week deadline to shift the waste, observing that even 40 years after the gas tragedy, authorities were in a "state of inertia".

It had warned the government of contempt proceedings if its directive was not followed.

On the night of January 1, the shifting of toxic waste began in 12 sealed container trucks for its disposal, an official had said.

Initially, some of the waste will be burnt at the waste disposal unit in Pithampur and the residue (ash) will be examined to find whether any harmful elements were left, Bhopal Gas Tragedy Relief and Rehabilitation Department Director Swatantra Kumar Singh had said.

The smoke from the incinerator would pass through special four-layer filters so that the surrounding air was not polluted, he added.

The plea, filed in the apex court through advocate Sarvam Ritam Khare, said the petitioner was concerned about the decision of the authorities in disposing off 337 tonnes of hazardous chemical waste at Pithampur.

Senior advocate Devadatt Kamat appeared for petitioner Chinmay Mishra.

The top court issued notice to the Centre, the Madhya Pradesh government and the state pollution control board seeking their responses on the plea and posted the matter for hearing after a week.

The plea said at least four-five villages were situated within the one km radius from the disposal site.

"The life and health of the residents of these villages are at extreme risk," the plea alleged, adding, "It is pertinent to mention that the Gambhir river flows besides the facility and caters waters to 'Yashwant Sagar Dam'".

It said this dam supplies drinking water of 40 per cent of Indore's population.

"In this situation and because of the sheer callousness, unpreparedness and opaqueness of the respondents, the life and limb of the thousands of people is at risk," the plea claimed.

It said several questions of law arises in the matter for the apex court's consideration. "Whether the fundamental right to life under Article 21 of the Constitution, encompassing the right to a clean and healthy environment, is violated by permitting the disposal of hazardous chemical waste in densely populated areas without adequate safety measures?" read one of the questions of law raised in the plea.

It alleged the authorities have not informed the affected residents of Indore and Dhar districts about the risks or issued health advisories, violating their right to be heard and right to health.