After 40 Years, Toxic Waste at Union Carbide Factory in Bhopal to Be Disposed

After 40 Years, Toxic Waste at Union Carbide Factory in 

Bhopal to Be Disposed

The Historic Step Towards Cleanup

After four decades, the toxic waste materials at the Union Carbide factory in Bhopal, Madhya Pradesh, are finally set to be disposed of. This monumental action follows an order from the Madhya Pradesh High Court and represents a significant effort to mitigate the aftermath of the Bhopal Gas Tragedy, the world's worst industrial disaster.

The process of packing toxic waste has commenced under stringent safety measures, with supervision by officials from the Central Pollution Control Board (CPCB) and the Madhya Pradesh Pollution Control Board (MPPCB).

The Bhopal Gas Tragedy and the Principle of Absolute Liability

On the night of December 2-3, 1984, a massive leakage of methyl isocyanate (MIC) gas from Union Carbide's pesticide plant resulted in the death of thousands and left a trail of long-term health and environmental repercussions.

In response to this disaster, the Supreme Court of India introduced the principle of absolute liability in the landmark M.C. Mehta vs. Union of India (1986) case.

• Absolute Liability Doctrine: This principle holds enterprises engaged in hazardous or inherently dangerous activities strictly and absolutely liable for any harm caused by such activities, without exceptions or defenses such as "no negligence."
• It goes beyond the strict liability rule by eliminating the defense of unforeseen events and emphasizes the need for industries to bear the cost of preventing and remediating damage caused by their activities.
• The doctrine has since been applied in various cases, including the Bhopal Gas Tragedy, to ensure accountability for industrial disasters.

The Toxic Waste Disposal Plan

The disposal effort involves 337 metric tons of toxic waste, which will be transported to Pithampur in Dhar district for safe incineration. This decision is based on the successful disposal of 10 metric tons in 2015, which demonstrated no adverse environmental impact.

Swatantra Pratap Singh, Director of Bhopal Gas Relief and Rehabilitation Directorate, outlined the plan:

• Safe Packing: Waste is being packed under strict safety protocols, with workers wearing PPE kits and following comprehensive protection guidelines.
• Transportation: The packed waste will be securely transported in airtight containers to the Pithampur site within two days.
• Incineration: The process involves multi-stage filtration to ensure zero air pollution and secure landfilling of solid residues.

Environmental Safety Measures

The disposal method ensures minimal environmental impact through:

1. Four-Stage Air Filtration: Gas emissions from incineration will pass through advanced filtration systems to eliminate pollutants.
2. Secure Landfill: Solid residues will be safely contained in dedicated landfill sites.

The entire process is expected to take three to nine months, with regular monitoring to ensure compliance with environmental standards.

Activists Raise Concerns About Underground Waste

While the disposal of the 337 metric tons of waste is a significant step, activists argue that it addresses only a small fraction of the problem.

Rachna Dhingra, an activist working with survivors, highlighted:

• The buried toxic waste at the site continues to contaminate groundwater in 42 settlements.
• Only 1% of the total toxic waste is being disposed of, leaving the broader issue unaddressed.
• A call for Dow Chemicals (Union Carbide's parent company) to take responsibility for the cleanup has been reiterated.

Official Clarification on the Disposal Scope

Director Singh clarified that the High Court order pertains only to the 337 metric tons of toxic waste currently stored above ground.

• Underground Waste: No directives have been issued regarding the disposal of buried waste.
• Future Action: Any additional orders from the judiciary or higher authorities will be implemented accordingly.

Challenges and Public Concerns

Residents of Pithampur have expressed concerns about the potential risks of handling and disposing of toxic waste. Singh assured:

• The waste being transported is not as hazardous as perceived.
• The 2015 trial run demonstrated the safety and efficiency of the incineration process.
• Transparent Operations: Public access to data ensures transparency and accountability.

He emphasized that the disposal process is in strict compliance with the High Court’s directives and that objections raised will be reported back to the court.

Significance of the Absolute Liability Principle in This Context

The application of the absolute liability doctrine ensures that industries handling hazardous materials cannot evade responsibility for damages caused. In the case of the Bhopal Gas Tragedy, it underscores:

• The need for Union Carbide and Dow Chemicals to bear the cost of long-term environmental cleanup.
• Accountability for the contamination of groundwater and the health effects suffered by local communities.

The principle serves as a reminder that industries must prioritize safety, environmental stewardship, and disaster preparedness.

Conclusion

The disposal of 337 metric tons of toxic waste marks a milestone in addressing the environmental consequences of the Bhopal Gas Tragedy. However, the larger issue of underground waste and corporate accountability remains unresolved.

The principles of absolute liability and judicial oversight will be pivotal in ensuring justice for the victims and restoring environmental health in the affected regions.