Experts wonder what took the BJP government so long to order the inquiry and why now.
Almost 27 years after the worst industrial disaster caused by massive leakage of lethal gas from Union Carbide plant in Bhopal, the BJP government in Madhya Pradesh on Tuesday set up an inquiry commission to examine the various aspects of the accident.
Chief minister Shivraj Singh Chouhan has taken a long time to set up the inquiry, yet the notification doesn’t fix a time limit for the commission headed by a retired HC judge SL Kochar to submit its report.
Interestingly, the notification — a copy of that is available with DNA — also notes the gravity of the tragedy which resulted in “unprecedented deaths and affecting millions with chronic physical and mental disorder”. It describes the accident as the “grave manmade chemical disaster in the world in human memory”.
Legal experts have scoffed at the government’s move “due to public outcry” against the injustice done to the victims by the Union Carbide (UCC).
The notification says the inquiry commission will examine the “role of the state administration and others in the arrest, release and providing safe passage to Warren Anderson (UCC chief), leading to his ascension (sic)”.
The terms of reference for the committee includes basic issues such whether the UCC plant was set up in compliance of strict regulations, and whether it was equipped with adequate safety measures and whether it took safety measures in disposal of the hazardous waste.
Reacting to this notification, noted lawyer Colin Gonsalves said: “It’s bordering stupidity.” The BJP has been in power in power for many years but it hasn’t taken care of the victims. It had contested their claims too, he added.
However, senior advocate PP Rao said, “It’s better late than never.” Nothing prevents a state from setting up a commission to inquire into an incident that it considers being grave in nature, he added.
Secretary of the Bar Association of India Lalit Bhasin said: “The government’s move smacks of political motive and male fide. It can be scraped by a court of law.”
All the issues mentioned in the terms and reference have been considered by the Supreme Court which is seized of a batch of appeals raising concerns over the safety aspect and compensation to the victims, he said.
“No commission of inquiry can override a decision taken by any court including the apex court,” Bhasin added.
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