The Madhya Pradesh High Court issued a stern order on Wednesday, demanding immediate action from authorities on the disposal of 350 metric tonnes of toxic waste at the Union Carbide site in Bhopal.
The court expressed its frustration, asking whether the authorities are "waiting for another tragedy" to shake them from their inaction, 40 years after the infamous Bhopal gas disaster.
In a hard-hitting ruling, the bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain warned the principal secretary of the concerned department of contempt proceedings if any obstacles are created in complying with the court’s order. The authorities have been given four weeks to remove the toxic waste stored at Pithampur in Dhar district, 220km from Bhopal.
If the waste is not disposed of within the given timeline, the state chief secretary and the principal secretary of the gas relief and rehabilitation department will be required to appear before the court on January 6, 2025, to explain their non-compliance.
The court is hearing a petition filed by activist Alok Pratap Singh, who had been advocating for the disposal of the toxic waste for nearly two decades. In its order, the court referred to previous orders passed by the bench in 2005 and most recently on September 11, 2024.
While some progress has been made, the court noted that the steps taken were minimal and not enough, as the petition dates back to 2004.
"This is a really sorry state of affairs," the judges said, highlighting the critical need to remove the toxic waste, decommission the MIC and Sevin plants, and address the contamination of surrounding soil and groundwater. "The safety of Bhopal residents is at risk, and these issues must be dealt with urgently."
The ruling came on the 40th anniversary of the Bhopal gas disaster, one of the deadliest industrial tragedies in history. The gas leak from the Union Carbide plant killed thousands and left many more suffering from long-term health effects. Despite promises of compensation and clean-up efforts, activists and survivors continue to demand justice for the victims and their families.
On the anniversary of the tragedy, four organisations representing gas disaster survivors led a rally to the abandoned factory site.
Balkrishna Namdeo of the Bhopal Gas Peedit Nirashrit Pensionbhogee Sangharsh Morcha, one of the rally’s leaders, pointed to the failure of successive governments to implement the Medical Commission for Bhopal, which was first proposed in 2008. He criticised former Chief Minister Shivraj Singh Chouhan for opposing the initiative, which would have addressed the long-term rehabilitation of survivors.
Rachna Dhingra of the Bhopal Group for Information and Action condemned Dow Chemical, the parent company of Union Carbide, for failing to clean up the groundwater.
"The ‘polluter pays’ principle dictates that Dow should bear the cost of the clean-up, yet the contamination has only worsened over the years, with the toxic plume moving 3 km into the city," she said.
Nawab Khan of the Bhopal Gas Peedit Mahila Purush Sangharsh Morcha expressed frustration with both the Indian government and international relief agencies.
"It is clear that these organisations treat gas disaster victims as expendable, much like the corporations and governments responsible for this ongoing tragedy," he said.
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