bhopal india disaster case study

Case Studies

Case study: bhopal gas tragedy (1983-84).

Dr. Rhyddhi Chakraborty Programme Leader (Health and Social Care), London Churchill College, UK Email: [email protected]

What follows is a synopsis of the full article found in featured articles.

Please read the featured article Lesson from Bhopal Gas Tragedy (1983-84) By Dr. Rhyddhi Chakraborty Programme Leader (Health and Social Care), London Churchill College, UK describes in detail the elements of the Bhopal Gas Tragedy

Union Carbide India Limited (UCIL)

In 1970, in the North adjacent to the slums and railway station, a pesticide plant was set up by Union Carbide India Limited (UCIL). From late 1977, the plant started manufacturing Sevin (Carbaryl) by importing primary raw materials, viz. alpha-naphtol and methyl isocyanate (MIC) in stainless steel drums from the Union Carbide's MIC plant in USA. However, from early 1980, the Bhopal plant itself started manufacturing MIC using the know-how and basic designs supplied by Union Carbide Corporation, USA (UCC). The Bhopal UCIL facility housed three underground 68,000 liters liquid MIC storage tanks: E610, E611, and E619 and were claimed to ensure all safety from leakage.

Time Line of Occupational Hazards of the Union Carbide India Limited Plant Leading Before the Disaster

• 1976: Local trade unions complained of pollution within the plant. • 1980: A worker was reported to have accidentally been splashed with phosgene while carrying out a regular maintenance job of the plant's pipes. • 1982 (January): A phosgene leak exposed 24 workers, all of whom were admitted to a hospital. Investigation revealed that none of the workers had been ordered to wear protective masks. • 1982 (February): An MIC leak affected 18 workers. • 1982 (August): A chemical engineer came into contact with liquid MIC, resulting in burns over 30 percent of his body. • 1982 (October): In attempting to stop the leak, the MIC supervisor suffered severe chemical burns and two other workers were severely exposed to the gases. • 1983-1984: There were leaks of MIC, chlorine, monomethylamine, phosgene, and carbon tetrachloride, sometimes in combination.

In early December 1984, most of the Bhopal plant's MIC related safety systems were not functioning and many valves and lines were in poor condition. In addition, several vent gas scrubbers had been out of service as well as the steam boiler, intended to clean the pipes. For the major maintenance work, the MIC production and Sevin were stalled in Bhopal plant since Oct. 22, 1984 and major regular maintenance was ordered to be done during the weekdays’ day shifts.

The Sevin plant, after having been shut down for some time, had been started up again during November but was still running at far below normal capacity. To make the pesticide, carbon tetrachloride is mixed with methyl isocyanate (MIC) and alpha-naphthol, a coffee-colored powder that smells like mothballs. The methyl isocyanate, or MIC, was stored in the three partly buried tanks, each with a 15,000-gallon capacity.

During the late evening hours of December 2, 1984, whilst trying to unclog, water was believed to have entered a side pipe and into Tank E610 containing 42 tons of MIC that had been there since late October. Introduction of water into the tank began a runaway exothermic reaction, which was accelerated by contaminants, high ambient temperatures and other factors, such as the presence of iron from corroding non-stainless steel pipelines.

A Three Hour Time Line of the Disaster

December 3, 1984 12:40 am: A worker, while investigating a leak, stood on a concrete slab above three large, partly buried storage tanks holding the chemical MIC. The slab suddenly began to vibrate beneath him and he witnessed at least a 6 inche thick crack on the slab and heard a loud hissing sound. As he prepared to escape from the leaking gas, he saw gas shoot out of a tall stack connected to the tank, forming a white cloud that drifted over the plant and toward nearby neighborhoods where thousands of residents were sleeping. In short span of time, the leak went out of control.

December 3, 1984 12:45 am: The workers were aware of the enormity of the accident. They began to panic both because of the choking fumes, they said, and because of their realization that things were out of control; the concrete over the tanks cracked as MIC turned from liquid to gas and shot out the stack, forming a white cloud. Part of it hung over the factory, the rest began to drift toward the sleeping neighborhoods nearby.

December 3, 1984 12:50 am: The public siren briefly sounded and was quickly turned off, as per company procedure meant to avoid alarming the public around the factory over tiny leaks. Workers, meanwhile, evacuated the UCIL plant. The control room operator then turned on the vent gas scrubber, a device designed to neutralize escaping toxic gas. The scrubber had been under maintenance; the flow meter indicated there was no caustic soda flowing into the device. It was not clear to him whether there was actually no caustic soda in the system or whether the meter was broken. Broken gauges were not unusual at the factory. In fact, the gas was not being neutralized but was shooting out the vent scrubber stack and settling over the plant. December 3, 1984 1: 15- 1:30 am: At Bhopal’s 1,200-bed Hamidia Hospital, the first patient with eye trouble reported. Within five minutes, there were a thousand patients. Calls to the UCIL plant by police were twice assured that "everything is OK", and on the last attempt made, "we don't know what has happened, sir". In the plant, meanwhile, MIC began to engulf the control room and the adjoining offices.

December 3, 1984 3:00 am: The factory manager, arrived at the plant and sent a man to tell the police about the accident because the phones were out of order. The police were not told earlier because the company management had an informal policy of not involving the local authorities in gas leaks. Meanwhile, people were dying by the hundreds outside the factory. Some died in their sleep. Others ran into the cloud, breathing in more and more gas and dropping dead in their tracks.

Immediate Consequences

With the lack of timely information exchange between Union Carbide India Limited (UCIL) and Bhopal authorities, the city's Hamidia Hospital was first told that the gas leak was suspected to be ammonia, then phosgene. They were then told that it was methyl isocyanate (MIC), which hospital staff had never heard of, had no antidote for, and received no immediate information about. The gas cloud, composed mainly of materials denser than air, stayed close to the ground and spread in the southeasterly direction affecting the nearby communities. Most city residents who were exposed to the MIC gas were first made aware of the leak by exposure to the gas itself.

Subsequent Actions

Formal statements were issued that air, water, vegetation and foodstuffs were safe, but warned not to consume fish. The number of children exposed to the gases was at least 200,000. Within weeks, the State Government established a number of hospitals, clinics and mobile units in the gas-affected area to treat the victims.

Legal proceedings involving UCC, the United States and Indian governments, local Bhopal authorities, and the disaster victims started immediately after the catastrophe. The Indian Government passed the Bhopal Gas Leak Act in March 1985, allowing the Government of India to act as the legal representative for victims of the disaster, leading to the beginning of legal proceedings.

Initial lawsuits were generated in the United States federal court system in April 1985. Eventually, in an out-of-court settlement reached in February 1989, Union Carbide agreed to pay US$470 million for damages caused in the Bhopal disaster. The amount was immediately paid.

Post-settlement activity

UCC chairman and CEO Warren Anderson was arrested and released on bail by the Madhya Pradesh Police in Bhopal on 7 December 1984. Anderson was taken to UCC's house after which he was released six hours later on $2,100 bail and flown out on a government plane. Anderson, eight other executives and two company affiliates with homicide charges were required to appear in Indian court.

In response, Union Carbide said the company is not under Indian jurisdiction. In 1991, the local Bhopal authorities charged Anderson, who had retired in 1986, with manslaughter, a crime that carries a maximum penalty of 10 years in prison. He was declared a fugitive from justice by the Chief Judicial Magistrate of Bhopal on 1 February 1992 for failing to appear at the court hearings in a culpable homicide case in which he was named the chief defendant. Orders were passed to the Government of India to press for an extradition from the United States. From 2014, Dow is a named respondent in a number of ongoing cases arising from Union Carbide’s business in Bhopal.

A US Federal class action litigation, Sahu v. Union Carbide and Warren Anderson, had been filed in 1999 under the U.S. Alien Torts Claims Act (ATCA), which provides for civil remedies for "crimes against humanity." It sought damages for personal injury, medical monitoring and injunctive relief in the form of clean-up of the drinking water supplies for residential areas near the Bhopal plant. The lawsuit was dismissed in 2012 and subsequent appeal denied. Anderson died in 2014.

Long-term Health Effects

A total of 36 wards were marked by the authorities as being "gas affected," affecting a population of 520,000. Of these, 200,000 were below 15 years of age, and 3,000 were pregnant women. The official immediate death toll was 2,259, and in 1991, 3,928 deaths had been officially certified. The government of Madhya Pradesh confirmed a total of 3,787 deaths related to the gas release. Later, the affected area was expanded to include 700,000 citizens. A government affidavit in 2006 stated the leak caused 558,125 injuries including 38,478 temporary partial injuries and approximately 3,900 severely and permanently disabling injuries.

Ethical Negligence

The Corporate Negligence Argument: This point of view argues that management (and to some extent, local government) underinvested in safety, which allowed for a dangerous working environment to develop.

Safety audits: In September 1984, an internal UCC report on the West Virginia plant in the USA revealed a number of defects and malfunctions. It warned that "a runaway reaction could occur in the MIC unit storage tanks, and that the planned response would not be timely or effective enough to prevent catastrophic failure of the tanks". This report was never forwarded to the Bhopal plant, although the main design was the same.

The Disgruntled Employee Sabotage Argument:  Now owned by Dow Chemical Company, Union Carbide maintains a website dedicated to the tragedy and claims that the incident was the result of sabotage, stating that sufficient safety systems were in place and operative to prevent the intrusion of water.

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• Open access
• Published: 10 May 2005

The Bhopal disaster and its aftermath: a review

• Edward Broughton 1  

Environmental Health volume  4 , Article number:  6 ( 2005 ) Cite this article

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On December 3 1984, more than 40 tons of methyl isocyanate gas leaked from a pesticide plant in Bhopal, India, immediately killing at least 3,800 people and causing significant morbidity and premature death for many thousands more. The company involved in what became the worst industrial accident in history immediately tried to dissociate itself from legal responsibility. Eventually it reached a settlement with the Indian Government through mediation of that country's Supreme Court and accepted moral responsibility. It paid $470 million in compensation, a relatively small amount of based on significant underestimations of the long-term health consequences of exposure and the number of people exposed. The disaster indicated a need for enforceable international standards for environmental safety, preventative strategies to avoid similar accidents and industrial disaster preparedness.

Since the disaster, India has experienced rapid industrialization. While some positive changes in government policy and behavior of a few industries have taken place, major threats to the environment from rapid and poorly regulated industrial growth remain. Widespread environmental degradation with significant adverse human health consequences continues to occur throughout India.

Peer Review reports

December 2004 marked the twentieth anniversary of the massive toxic gas leak from Union Carbide Corporation's chemical plant in Bhopal in the state of Madhya Pradesh, India that killed more than 3,800 people. This review examines the health effects of exposure to the disaster, the legal response, the lessons learned and whether or not these are put into practice in India in terms of industrial development, environmental management and public health.

In the 1970s, the Indian government initiated policies to encourage foreign companies to invest in local industry. Union Carbide Corporation (UCC) was asked to build a plant for the manufacture of Sevin, a pesticide commonly used throughout Asia. As part of the deal, India's government insisted that a significant percentage of the investment come from local shareholders. The government itself had a 22% stake in the company's subsidiary, Union Carbide India Limited (UCIL) [ 1 ]. The company built the plant in Bhopal because of its central location and access to transport infrastructure. The specific site within the city was zoned for light industrial and commercial use, not for hazardous industry. The plant was initially approved only for formulation of pesticides from component chemicals, such as MIC imported from the parent company, in relatively small quantities. However, pressure from competition in the chemical industry led UCIL to implement "backward integration" – the manufacture of raw materials and intermediate products for formulation of the final product within one facility. This was inherently a more sophisticated and hazardous process [ 2 ].

In 1984, the plant was manufacturing Sevin at one quarter of its production capacity due to decreased demand for pesticides. Widespread crop failures and famine on the subcontinent in the 1980s led to increased indebtedness and decreased capital for farmers to invest in pesticides. Local managers were directed to close the plant and prepare it for sale in July 1984 due to decreased profitability [ 3 ]. When no ready buyer was found, UCIL made plans to dismantle key production units of the facility for shipment to another developing country. In the meantime, the facility continued to operate with safety equipment and procedures far below the standards found in its sister plant in Institute, West Virginia. The local government was aware of safety problems but was reticent to place heavy industrial safety and pollution control burdens on the struggling industry because it feared the economic effects of the loss of such a large employer [ 3 ].

At 11.00 PM on December 2 1984, while most of the one million residents of Bhopal slept, an operator at the plant noticed a small leak of methyl isocyanate (MIC) gas and increasing pressure inside a storage tank. The vent-gas scrubber, a safety device designer to neutralize toxic discharge from the MIC system, had been turned off three weeks prior [ 3 ]. Apparently a faulty valve had allowed one ton of water for cleaning internal pipes to mix with forty tons of MIC [ 1 ]. A 30 ton refrigeration unit that normally served as a safety component to cool the MIC storage tank had been drained of its coolant for use in another part of the plant [ 3 ]. Pressure and heat from the vigorous exothermic reaction in the tank continued to build. The gas flare safety system was out of action and had been for three months. At around 1.00 AM, December 3, loud rumbling reverberated around the plant as a safety valve gave way sending a plume of MIC gas into the early morning air [ 4 ]. Within hours, the streets of Bhopal were littered with human corpses and the carcasses of buffaloes, cows, dogs and birds. An estimated 3,800 people died immediately, mostly in the poor slum colony adjacent to the UCC plant [ 1 , 5 ]. Local hospitals were soon overwhelmed with the injured, a crisis further compounded by a lack of knowledge of exactly what gas was involved and what its effects were [ 1 ]. It became one of the worst chemical disasters in history and the name Bhopal became synonymous with industrial catastrophe [ 5 ].

Estimates of the number of people killed in the first few days by the plume from the UCC plant run as high as 10,000, with 15,000 to 20,000 premature deaths reportedly occurring in the subsequent two decades [ 6 ]. The Indian government reported that more than half a million people were exposed to the gas [ 7 ]. Several epidemiological studies conducted soon after the accident showed significant morbidity and increased mortality in the exposed population. Table 1 . summarizes early and late effects on health. These data are likely to under-represent the true extent of adverse health effects because many exposed individuals left Bhopal immediately following the disaster never to return and were therefore lost to follow-up [ 8 ].

Immediately after the disaster, UCC began attempts to dissociate itself from responsibility for the gas leak. Its principal tactic was to shift culpability to UCIL, stating the plant was wholly built and operated by the Indian subsidiary. It also fabricated scenarios involving sabotage by previously unknown Sikh extremist groups and disgruntled employees but this theory was impugned by numerous independent sources [ 1 ].

The toxic plume had barely cleared when, on December 7, the first multi-billion dollar lawsuit was filed by an American attorney in a U.S. court. This was the beginning of years of legal machinations in which the ethical implications of the tragedy and its affect on Bhopal's people were largely ignored. In March 1985, the Indian government enacted the Bhopal Gas Leak Disaster Act as a way of ensuring that claims arising from the accident would be dealt with speedily and equitably. The Act made the government the sole representative of the victims in legal proceedings both within and outside India. Eventually all cases were taken out of the U.S. legal system under the ruling of the presiding American judge and placed entirely under Indian jurisdiction much to the detriment of the injured parties.

In a settlement mediated by the Indian Supreme Court, UCC accepted moral responsibility and agreed to pay $470 million to the Indian government to be distributed to claimants as a full and final settlement. The figure was partly based on the disputed claim that only 3000 people died and 102,000 suffered permanent disabilities [ 9 ]. Upon announcing this settlement, shares of UCC rose $2 per share or 7% in value [ 1 ]. Had compensation in Bhopal been paid at the same rate that asbestosis victims where being awarded in US courts by defendant including UCC – which mined asbestos from 1963 to 1985 – the liability would have been greater than the $10 billion the company was worth and insured for in 1984 [ 10 ]. By the end of October 2003, according to the Bhopal Gas Tragedy Relief and Rehabilitation Department, compensation had been awarded to 554,895 people for injuries received and 15,310 survivors of those killed. The average amount to families of the dead was $2,200 [ 9 ].

At every turn, UCC has attempted to manipulate, obfuscate and withhold scientific data to the detriment of victims. Even to this date, the company has not stated exactly what was in the toxic cloud that enveloped the city on that December night [ 8 ]. When MIC is exposed to 200° heat, it forms degraded MIC that contains the more deadly hydrogen cyanide (HCN). There was clear evidence that the storage tank temperature did reach this level in the disaster. The cherry-red color of blood and viscera of some victims were characteristic of acute cyanide poisoning [ 11 ]. Moreover, many responded well to administration of sodium thiosulfate, an effective therapy for cyanide poisoning but not MIC exposure [ 11 ]. UCC initially recommended use of sodium thiosulfate but withdrew the statement later prompting suggestions that it attempted to cover up evidence of HCN in the gas leak. The presence of HCN was vigorously denied by UCC and was a point of conjecture among researchers [ 8 , 11 – 13 ].

As further insult, UCC discontinued operation at its Bhopal plant following the disaster but failed to clean up the industrial site completely. The plant continues to leak several toxic chemicals and heavy metals that have found their way into local aquifers. Dangerously contaminated water has now been added to the legacy left by the company for the people of Bhopal [ 1 , 14 ].

Lessons learned

The events in Bhopal revealed that expanding industrialization in developing countries without concurrent evolution in safety regulations could have catastrophic consequences [ 4 ]. The disaster demonstrated that seemingly local problems of industrial hazards and toxic contamination are often tied to global market dynamics. UCC's Sevin production plant was built in Madhya Pradesh not to avoid environmental regulations in the U.S. but to exploit the large and growing Indian pesticide market. However the manner in which the project was executed suggests the existence of a double standard for multinational corporations operating in developing countries [ 1 ]. Enforceable uniform international operating regulations for hazardous industries would have provided a mechanism for significantly improved in safety in Bhopal. Even without enforcement, international standards could provide norms for measuring performance of individual companies engaged in hazardous activities such as the manufacture of pesticides and other toxic chemicals in India [ 15 ]. National governments and international agencies should focus on widely applicable techniques for corporate responsibility and accident prevention as much in the developing world context as in advanced industrial nations [ 16 ]. Specifically, prevention should include risk reduction in plant location and design and safety legislation [ 17 ].

Local governments clearly cannot allow industrial facilities to be situated within urban areas, regardless of the evolution of land use over time. Industry and government need to bring proper financial support to local communities so they can provide medical and other necessary services to reduce morbidity, mortality and material loss in the case of industrial accidents.

Public health infrastructure was very weak in Bhopal in 1984. Tap water was available for only a few hours a day and was of very poor quality. With no functioning sewage system, untreated human waste was dumped into two nearby lakes, one a source of drinking water. The city had four major hospitals but there was a shortage of physicians and hospital beds. There was also no mass casualty emergency response system in place in the city [ 3 ]. Existing public health infrastructure needs to be taken into account when hazardous industries choose sites for manufacturing plants. Future management of industrial development requires that appropriate resources be devoted to advance planning before any disaster occurs [ 18 ]. Communities that do not possess infrastructure and technical expertise to respond adequately to such industrial accidents should not be chosen as sites for hazardous industry.

Following the events of December 3 1984 environmental awareness and activism in India increased significantly. The Environment Protection Act was passed in 1986, creating the Ministry of Environment and Forests (MoEF) and strengthening India's commitment to the environment. Under the new act, the MoEF was given overall responsibility for administering and enforcing environmental laws and policies. It established the importance of integrating environmental strategies into all industrial development plans for the country. However, despite greater government commitment to protect public health, forests, and wildlife, policies geared to developing the country's economy have taken precedence in the last 20 years [ 19 ].

India has undergone tremendous economic growth in the two decades since the Bhopal disaster. Gross domestic product (GDP) per capita has increased from $1,000 in 1984 to $2,900 in 2004 and it continues to grow at a rate of over 8% per year [ 20 ]. Rapid industrial development has contributed greatly to economic growth but there has been significant cost in environmental degradation and increased public health risks. Since abatement efforts consume a large portion of India's GDP, MoEF faces an uphill battle as it tries to fulfill its mandate of reducing industrial pollution [ 19 ]. Heavy reliance on coal-fired power plants and poor enforcement of vehicle emission laws have result from economic concerns taking precedence over environmental protection [ 19 ].

With the industrial growth since 1984, there has been an increase in small scale industries (SSIs) that are clustered about major urban areas in India. There are generally less stringent rules for the treatment of waste produced by SSIs due to less waste generation within each individual industry. This has allowed SSIs to dispose of untreated wastewater into drainage systems that flow directly into rivers. New Delhi's Yamuna River is illustrative. Dangerously high levels of heavy metals such as lead, cobalt, cadmium, chrome, nickel and zinc have been detected in this river which is a major supply of potable water to India's capital thus posing a potential health risk to the people living there and areas downstream [ 21 ].

Land pollution due to uncontrolled disposal of industrial solid and hazardous waste is also a problem throughout India. With rapid industrialization, the generation of industrial solid and hazardous waste has increased appreciably and the environmental impact is significant [ 22 ].

India relaxed its controls on foreign investment in order to accede to WTO rules and thereby attract an increasing flow of capital. In the process, a number of environmental regulations are being rolled back as growing foreign investments continue to roll in. The Indian experience is comparable to that of a number of developing countries that are experiencing the environmental impacts of structural adjustment. Exploitation and export of natural resources has accelerated on the subcontinent. Prohibitions against locating industrial facilities in ecologically sensitive zones have been eliminated while conservation zones are being stripped of their status so that pesticide, cement and bauxite mines can be built [ 23 ]. Heavy reliance on coal-fired power plants and poor enforcement of vehicle emission laws are other consequences of economic concerns taking precedence over environmental protection [ 19 ].

In March 2001, residents of Kodaikanal in southern India caught the Anglo-Dutch company, Unilever, red-handed when they discovered a dumpsite with toxic mercury laced waste from a thermometer factory run by the company's Indian subsidiary, Hindustan Lever. The 7.4 ton stockpile of mercury-laden glass was found in torn stacks spilling onto the ground in a scrap metal yard located near a school. In the fall of 2001, steel from the ruins of the World Trade Center was exported to India apparently without first being tested for contamination from asbestos and heavy metals present in the twin tower debris. Other examples of poor environmental stewardship and economic considerations taking precedence over public health concerns abound [ 24 ].

The Bhopal disaster could have changed the nature of the chemical industry and caused a reexamination of the necessity to produce such potentially harmful products in the first place. However the lessons of acute and chronic effects of exposure to pesticides and their precursors in Bhopal has not changed agricultural practice patterns. An estimated 3 million people per year suffer the consequences of pesticide poisoning with most exposure occurring in the agricultural developing world. It is reported to be the cause of at least 22,000 deaths in India each year. In the state of Kerala, significant mortality and morbidity have been reported following exposure to Endosulfan, a toxic pesticide whose use continued for 15 years after the events of Bhopal [ 25 ].

Aggressive marketing of asbestos continues in developing countries as a result of restrictions being placed on its use in developed nations due to the well-established link between asbestos products and respiratory diseases. India has become a major consumer, using around 100,000 tons of asbestos per year, 80% of which is imported with Canada being the largest overseas supplier. Mining, production and use of asbestos in India is very loosely regulated despite the health hazards. Reports have shown morbidity and mortality from asbestos related disease will continue in India without enforcement of a ban or significantly tighter controls [ 26 , 27 ].

UCC has shrunk to one sixth of its size since the Bhopal disaster in an effort to restructure and divest itself. By doing so, the company avoided a hostile takeover, placed a significant portion of UCC's assets out of legal reach of the victims and gave its shareholder and top executives bountiful profits [ 1 ]. The company still operates under the ownership of Dow Chemicals and still states on its website that the Bhopal disaster was "cause by deliberate sabotage". [ 28 ].

Some positive changes were seen following the Bhopal disaster. The British chemical company, ICI, whose Indian subsidiary manufactured pesticides, increased attention to health, safety and environmental issues following the events of December 1984. The subsidiary now spends 30–40% of their capital expenditures on environmental-related projects. However, they still do not adhere to standards as strict as their parent company in the UK. [ 24 ].

The US chemical giant DuPont learned its lesson of Bhopal in a different way. The company attempted for a decade to export a nylon plant from Richmond, VA to Goa, India. In its early negotiations with the Indian government, DuPont had sought and won a remarkable clause in its investment agreement that absolved it from all liabilities in case of an accident. But the people of Goa were not willing to acquiesce while an important ecological site was cleared for a heavy polluting industry. After nearly a decade of protesting by Goa's residents, DuPont was forced to scuttle plans there. Chennai was the next proposed site for the plastics plant. The state government there made significantly greater demand on DuPont for concessions on public health and environmental protection. Eventually, these plans were also aborted due to what the company called "financial concerns". [ 29 ].

The tragedy of Bhopal continues to be a warning sign at once ignored and heeded. Bhopal and its aftermath were a warning that the path to industrialization, for developing countries in general and India in particular, is fraught with human, environmental and economic perils. Some moves by the Indian government, including the formation of the MoEF, have served to offer some protection of the public's health from the harmful practices of local and multinational heavy industry and grassroots organizations that have also played a part in opposing rampant development. The Indian economy is growing at a tremendous rate but at significant cost in environmental health and public safety as large and small companies throughout the subcontinent continue to pollute. Far more remains to be done for public health in the context of industrialization to show that the lessons of the countless thousands dead in Bhopal have truly been heeded.

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Acknowledgements

J. Barab, B. Castleman, R Dhara and U Misra reviewed the manuscript and provided useful suggestions.

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The long, dark shadow of Bhopal: still waiting for justice, four decades on

The cloud of poisonous gas that leaked from a rusting chemical plant in 1984 still blights the lives of tens of thousands of people in the Indian city, including many not born then. But Union Carbide never answered for the devastating contamination. Photographer Judah Passow spent a year recording the lives of some victims of the disaster

J ust after midnight on 2 December 1984 a storage tank at the Union Carbide chemical plant in Bhopal began leaking a gas called methyl isocyanate (MIC). The plant, in Madhya Pradesh, India, was equipped with six safety systems designed to detect such a leak, none of which were operational that night. Twenty-seven tons of MIC gas spread throughout the sleeping city .

As an engineer was flushing water through a corroded pipe in the MIC production complex, a series of valves failed, allowing the water to flow freely into one of the three-storey tanks holding the toxic chemical in a liquid state. This caused a rapid and violent reaction. The tank shattered in its concrete casing and spewed a deadly cloud of MIC, hydrogen cyanide, monomethylamine and other chemicals, all of which hugged the ground.

The derelict Union Carbide plant sits on a 20-hectare (49-acre) site in Bhopal’s old town

As the toxic cloud blanketed much of Bhopal, people began to die. Aziza Sultan, a survivor, remembers: “At about 12.30am, I woke to the sound of my baby coughing badly. In the half-light, I saw that the room was filled with a white cloud.

“I heard a lot of people shouting. They were shouting ‘Run! Run!’,’ she says. ‘Then I started coughing, with each breath seeming as if I was breathing in fire. My eyes were burning.”

Champa Devi Shukla recalls: “It felt like somebody had filled our bodies up with red chillies; our eyes had tears coming out, noses were watering, we had froth in our mouths. The coughing was so bad that people were writhing in pain.

“Some people just got up and ran in whatever they were wearing, or even if they were wearing nothing at all. People were only concerned as to how they would save their lives, so they just ran.”

In those apocalyptic moments, no one knew what was happening. People started dying in the most hideous ways. Some vomited uncontrollably, went into convulsions and dropped dead. Others choked, drowning in their own body fluids.

Staff from the Sambhavna clinic hold a vigil in memory of victims. It was built with funds raised in 1994 by the Bhopal Medical Appeal, which appeared in the Guardian and Observer on the disaster’s 10th anniversary. The clinic has treated more than 65,000 people and nearly half of the 55 staff are gas survivors

Many people died in the stampedes through narrow alleyways where street lamps, swamped in gas, burned brown. The crush of fleeing crowds wrenched children’s hands from their parents’ grasp. Families were literally ripped apart.

MIC, used in the production of pesticides, is highly corrosive if inhaled. Half a million people were exposed and at least 25,000 have died as a result. More than 150,000 people still suffer from disorders caused by the accident and the subsequent contamination – respiratory diseases, kidney and liver disorders, cancers and gynaecological issues.

No one knows exactly how many thousands of people died. Union Carbide put the number at 3,800. Municipal workers who collected bodies, loading them on to lorries to be buried in mass graves or burned on funeral pyres, say they handled at least 15,000 corpses. Based on numbers of burial shrouds sold in the city, survivors make the conservative claim that about 8,000 people died in the first week alone. But the dying has never stopped.

A satellite map of Bhopal, showing the extent of the toxic gas cloud, which affected half a million people

Rashida Bi, a survivor who has lost five members of her family to a variety of cancers over the past three decades, considers those who escaped with their lives “the unlucky ones”. She adds: “The lucky ones are those who died on that night.”

Union Carbide shut down the site and left it to rust. It has never been cleaned up and so the poisoning continues. In 1999, testing of groundwater and well-water near the site revealed mercury levels up to 6m times greater than what is accepted as safe by the US Environmental Protection Agency (EPA).

Images showing the plight of the survivors and their children. Many children of local people, whose drinking water was contaminated, were born with developmental issues. Among survivors, respiratory ailments are widespread

Chemicals were found in the water that cause cancer, brain damage and birth defects. Trichloroethene , a chemical shown to impair foetal development, was found at levels 50 times higher than EPA limits . Testing published in a 2002 report revealed poisons such as 1,3,5-trichlorobenzene, dichloromethane, chloroform, lead and mercury in women’s breastmilk.

In 2001, the Michigan-based Dow Chemical Company bought Union Carbide , acquiring its assets and liabilities. Dow, however, has steadfastly refused to clean up the Bhopal site. Nor has it provided safe drinking water, compensated the victims or shared with the Indian medical community any information it holds on the toxic effects of MIC.

The data that Bhopal’s doctors have requested, and say they need in order to deal with the lasting effects of the crisis, Dow has treated like a trade secret and held back.

Vimla Sahu, who lives near the abandoned Union Carbide plant, cannot conceal her anguish

Union Carbide built the Bhopal factory in the 1970s, confident that India represented a huge untapped market for its pesticides. However, sales never met the company’s expectations. Indian farmers, struggling to cope with droughts and floods, lacked the money to buy Union Carbide’s products.

For 15 years before the disaster, Union Carbide routinely dumped highly toxic chemical waste at sites inside and outside the factory.

Twin sisters Shazia and Fouziya in their home in the Nawab area of Bhopal, near the factory, where toxins leaked into the water supplies. They both have severe mental development issues, which doctors believe was due to genetic damage

Thousands of tons of pesticides, solvents, chemical catalysts and byproducts lay strewn across six hectares (16 acres) inside the plant. Evaporation ponds covering 14 hectares outside the factory were filled with thousands of litres of liquid waste.

The plant, which never reached its full production capacity, proved to be a loss-making venture and was shut down in the early 1980s, though large quantities of dangerous chemicals were left abandoned on the site.

Three huge steel tanks continued to hold more than 60 tons of MIC. Although MIC is a particularly unstable gas, Union Carbide’s elaborate safety systems were allowed to fall into disrepair and become ineffective. The factory managers’ reasoning seemed to be that, since production had stopped, no threat remained.

As monsoons battered the decaying plant, rain caused the chemical-waste evaporation ponds to overflow. Toxins penetrated the soil, leaching into underground channels. Contaminated water from wells was pumped into 42 neighbourhoods.

In secret tests carried out by Union Carbide in 1989 , the results of which were subsequently seen by the Bhopal Medical Appeal, the company concluded that the site was lethally contaminated. Groundwater instantly killed fish. Many of the places where the samples were taken were just inside the factory wall – people drew their water from wells and standpipes on the other side of the wall.

A gas-affected patient undergoes Panchakarma steam treatment, a traditional Ayurvedic therapy, at the Sambhavna clinic. The clinic describes its approach to treating survivors of the disaster as ‘offering drug-free therapies for chemically burdened bodies’

Despite having indisputable proof of the site’s toxicity, Union Carbide chose not to notify local people that the water was unsafe. It attacked those in the community who voiced concern, dismissing them as “troublemakers”.

The full extent of the contamination was not exposed until 1999, when Greenpeace investigators, after running a series of tests, reported that soil and water in and around the plant were contaminated by organochlorines and heavy metals, which are both highly toxic and accumulate in the body.

A follow-up study in 2002, which found mercury, lead and organochlorines in the breastmilk of women living near the plant, also discovered that the children of gas-affected women suffered an array of debilitating illnesses, including birth defects and reproductive disorders.

The “polluter pays” legal principle applies in India but Union Carbide and its parent company, Dow, have refused to pay compensation for this second environmental catastrophe of contaminated water.

A boy drinks water from a hand pump near the plant. Water samples taken in and around the factory were found to be highly contaminated by organochlorines and heavy metals

In 1989 Union Carbide, in a partial out-of-court settlement with the Indian government, agreed to pay $470m in compensation to the victims of the disaster. But the victims themselves were not consulted in the negotiations, and more than nine in 10 received a maximum of $500 each, or enough to pay medical expenses for five years.

Today, victims of the disaster eke out a perilous existence. More than 50,000 Bhopalis are unable to work because of their injuries. Many have no family left at all.

In 1991, India’s criminal justice system charged Warren Anderson, Union Carbide’s chairman and chief executive at the time of the disaster, with “culpable homicide not amounting to murder”. If he had been convicted in India, he would have faced a maximum of 10 years in prison. Anderson never stood trial. An Indian extradition request languished in the US courts for three and a half years without a response from officials.

In September 2014, a few months before the 30th anniversary of the disaster, Anderson, the son of a Brooklyn carpenter, died aged 92 in a nursing home in Vero Beach, Florida.

Doctors at the Chirayu cancer hospital in Bhopal examine a patient from one of the neighbourhoods around the abandoned plant

Union Carbide was charged with culpable homicide. The corporation, like its former chief executive, refused to face trial in India, and the charges have never been resolved.

Dow and Union Carbide merged in 2001. The agreement submitted to regulators omitted any mention of pending criminal cases against Union Carbide. Dow has been served summons to appear in court at least six times in Bhopal to explain Union Carbide’s continued absence. It has ignored all six notices.

Union Carbide remains liable for the environmental devastation it caused. Environmental damages were not addressed in the 1989 settlement, and the contamination continues to spread; these liabilities became the responsibility of Dow.

Some Dow shareholders tried to stop the merger, knowing that a corporation assumes the assets and the liabilities of a company it buys, according to established corporate law. Indeed, soon after it acquired Union Carbide, Dow settled a US lawsuit, paying out $2.2bn to compensate people in the US affected by Union Carbide’s use of asbestos in legacy products. But Dow maintains that it is not liable for Union Carbide’s actions in Bhopal.

Tim Edwards is executive trustee of the Bhopal Medical Appeal.

Demonstrators marching through the streets of Bhopal to mark the 34th anniversary of the Union Carbide gas disaster in 2018

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The world's worst industrial disaster harmed people even before they were born

Rhitu Chatterjee

Members of the Bengaluru Solidarity Group in Support of the Bhopal Struggle take part in a candlelight vigil to commemorate the 30th anniversary of the Bhopal gas disaster in Bangalore on December 2, 2014. Manjunath Kiran /AFP via Getty Images hide caption

Members of the Bengaluru Solidarity Group in Support of the Bhopal Struggle take part in a candlelight vigil to commemorate the 30th anniversary of the Bhopal gas disaster in Bangalore on December 2, 2014.

Editor's note: A new Netflix series tells the story of the 1984 gas leak in Bhopal, India, considered the world's worst industrial disaster, and of the courageous "railway men" who risked everything to save others. Earlier this year, a large study concluded that the disaster's toxic legacy spans at least a generation, and continues to impact the survivors. This story was originally published on June 17, 2023.

Shortly after midnight on December 3, 1984, about 40 tons of deadly gas leaked out of a pesticide factory in the central Indian city of Bhopal. The highly toxic methyl isocyanate (MIC) – used as an intermediary chemical for making pesticides – drifted across the city, exposing nearly half a million residents.

Thousands of people died over the next several days, and it's estimated that many thousands more have died from related health issues since. Survivors who are alive today still struggle with a range of debilitating chronic health issues, from cancer to lung disorders to neurological damage.

Now, a new study shows that the accident – often considered the worst industrial disaster in history – affected not just those who were exposed to the gas that night but also the generation of babies still in the womb when the accident happened. In fact, men born in Bhopal in 1985 have a higher risk of cancer, lower education accomplishment and higher rates of disabilities compared with those born before or after 1985.

"The paper is one of the first papers to demonstrate clearly this link between a huge industrial disaster and the effect on children in utero," says Jishnu Das , a public policy professor at Georgetown University and a fellow at the Center for Policy Research in New Delhi.

The results inform an ongoing discussion about "what is owed to future generations" affected by disasters.

The study also found the accident affected health outcomes for people living much farther from the factory than previously known. Most previous studies looked for impacts in people living a few miles away; people as far as 62 miles from Bhopal were affected by the disaster, according to the new study, which received support from the Bill and Melinda Gates Foundation (a funder of NPR and this blog).

A survivor's story

Rehana Bi was 16 years old in 1984 when the accident happened. She lived in a neighborhood right near the pesticide plant along with her three brothers, father and mother, who was eight months pregnant at the time.

The family was fast asleep when some neighbors banged on their door, calling out her father's name, urging him to wake, says Bi. When her parents opened the door, they saw that it was hazy outside.

"There were a lot of people standing outside," she says. "They were all coughing, and no one could see very well."

Their eyes and lungs were burning. "It was as if someone was burning chilies," adds Bi.

She and her family tried to run away from the gas that now filled the air in the neighborhood but the crowds and the chaos meant they didn't get far. Her pregnant mother struggled to move quickly. "So we sat on the side of the road until the morning," she says.

By the end of the day, Rehana Bi's parents and her 3-year-old brother were among the thousands of people who died. In haunting detail, Bi recalls that some relatives saw the 8-month-old fetus in her dead mother's womb moving until the next morning. It was only then, she says, that they were able to find someone to wash the bodies and bury them in keeping with Muslim tradition.

Nearly 39 years later, she herself struggles with high blood pressure and diabetes as does her husband Shamimuddin, whom she married a year after the gas accident. Their health issues keep them from working these days, so the family depends on the earnings of her two sons, who work as daily wage laborers.

Her neighborhood is filled with survivors struggling with a range of health issues in the decades since the disaster, says Rehana Bi, especially cancer.

"There's a lot of people who have cancer," she says. "Many of them have died."

The Bhopal train station was overwhelmed as families fled the city following the leak disaster. Alain Nogues/Sygma via Getty Images hide caption

The Bhopal train station was overwhelmed as families fled the city following the leak disaster.

A multigenerational toxic legacy

The range of chronic health issues among survivors of the Bhopal gas accident have been documented by previous studies . But most of those studies have been limited to people directly exposed to methyl isocyanate that night and to people very close to the factory run by Union Carbide India Limited, a subsidiary of an American company.

"A lot of the studies focus on the populations that lived within three kilometers of the site," says Prashant Bharadwaj , an economist at University of California San Diego and an author of the new study.

Bharadwaj and his colleagues used data collected in 2015-2016 by the National Family Health Survey, which asks every family across the country about health, education and economic outcomes.

"It's interviewing women, getting all of their life history, including when they had children, whether those children survived, when those women themselves were born, their educational attainment, their level of health," says study co-author Gordon McCord, also an economist at UCSD. The survey interviewed men, too.

"So we were able to piece all these together to say, okay, let's look at the children who were born in the years right before 1984, in '85, and then afterward," says McCord.

Then they compared the people born in 1985 to those born before and after the accident to see if there was anything distinct about the 1985 cohort, which was exposed to the accident in utero.

They found an increase in pregnancy loss, which they expected, based on previous research.

But the analysis also illuminated something new about those pregnancy losses – the losses were likely to involve male fetuses.

"That 1985 birth cohort was very strange because it had a much lower male-to-female sex ratio" compared to the other birth cohorts in the study, says McCord.

A range of previous studies have shown that, in general, male fetuses are more vulnerable to any adverse effects in utero , says McCord. "And so when you get an adverse health shock to pregnant women, the likelihood of losing the male fetus is a bit higher."

And the males born in 1985 in Bhopal were unlike those who were born before or after, he adds. In fact, they are worse off in terms of health and employment even when compared to those who lived through the disaster.

"They have a higher likelihood of reporting to have cancer," he says. "They have a higher likelihood of reporting a disability that prevents them from being employed. And they on average have two years less of education."

That is "a really big deal" he adds, "because it goes beyond health to saying that these people have broader consequences for their lives, that prevent them from living full out, thriving lives."

The study doesn't prove that in-utero exposure to MIC caused these long-term health and economic impacts, which the study authors acknowledge. Other factors such as lack of access to health care and other aid following the disaster may have also played a role

However, the study is "the best kind of observational study that we can get on the question 'Did the Bhopal disaster lead to deficits in outcomes for children who were in utero at the time?' " says Das.

"The second thing that they show is that the radius of impact is closer to 100 kilometers [62 miles] rather than five," he adds. "That's worth thinking about too."

What does the world owe victims who weren't yet born?

No one in Rehana Bi's family has cancer yet, but she believes that her own exposure to MIC affected the health of her children who were born years later. She's lost two adult children in the last several years – a son who died from tuberculosis and a daughter who died during childbirth. Her remaining daughter is struggling with fertility issues, which Bi thinks is a generational effect of the industrial accident.

"Not only are we finding high rates of cancers, but also all kinds of immunological issues, neuro skeletal issues, musculoskeletal issues and huge number of birth defects in children being born to gas-exposed parents," says Rachna Dhingra, who works with the International Campaign for Justice in Bhopal , an advocacy organization.

The new study "just vindicates our stand that not just people of Bhopal but their children are also going to face a high number of disabilities and diseases in their life," she says.

This is not the first study to suggest that the impacts of the Bhopal disaster go beyond those directly exposed. A controversial, unpublished Indian study had also documented other intergenerational impacts of the Bhopal industrial accident.

Conducted by the Indian Council of Medical Research (ICMR) in 2016 , the study found that women who were exposed to MIC themselves, as well as the daughters of women survivors, had a 7 times higher risk of giving birth to a baby with birth defects compared to women who had no history of exposure to MIC.

But that ICMR study has remained mired in controversy over government and cooperate responsibility for the disaster, and has done little to help the families of survivors and their kids. The results were never published in a peer reviewed journal or released publicly. The results came to light only after Dhingra and other activists obtained the findings through India's Right to Information Act.

"Not a single child who was in utero or born after the disaster was ever compensated," says Dhingra.

The Supreme Court in India in March also rejected a plea for more compensation of survivors of the Bhopal accident. "The damages to the people who were directly exposed — all the curtains have been closed," says Dhingra.

But the curtain is still open for figuring out "damages to the next generation," she adds. And that's where she hopes the new study's findings will make a difference.

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Case Study: Bhopal Plant Disaster

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The Bhopal case is an in-depth study of the industrial accident at the Union Carbide factory in India that immediately killed 2,000 people, injured another 200,000 to 300,000 more, and immediately raised questions about plant safety and corporate responsibility around the world. Includes seven detailed appendices: A.) Chronology, B.) Stakeholders and Level of Responsibility, C.) Economic/industrial climate of India, D.) Union Carbide Corporation, E.) Issues in Chemical Processing, F.) Assessing Responsibility: The Legal/Regulatory System, G.) Assessing Responsibility: The Engineers and Scientists, and H.) Technical Expertise and Managerial Responsibility.

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The Bhopal disaster and its aftermath: a review

Edward broughton.

1 Columbia University, Mailman School of Public Health, 600 W 168th St. New York, NY 10032 USA

This is an Open Access article distributed under the terms of the Creative Commons Attribution License ( http://creativecommons.org/licenses/by/2.0 ), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

On December 3 1984, more than 40 tons of methyl isocyanate gas leaked from a pesticide plant in Bhopal, India, immediately killing at least 3,800 people and causing significant morbidity and premature death for many thousands more. The company involved in what became the worst industrial accident in history immediately tried to dissociate itself from legal responsibility. Eventually it reached a settlement with the Indian Government through mediation of that country's Supreme Court and accepted moral responsibility. It paid $470 million in compensation, a relatively small amount of based on significant underestimations of the long-term health consequences of exposure and the number of people exposed. The disaster indicated a need for enforceable international standards for environmental safety, preventative strategies to avoid similar accidents and industrial disaster preparedness.

Since the disaster, India has experienced rapid industrialization. While some positive changes in government policy and behavior of a few industries have taken place, major threats to the environment from rapid and poorly regulated industrial growth remain. Widespread environmental degradation with significant adverse human health consequences continues to occur throughout India.

December 2004 marked the twentieth anniversary of the massive toxic gas leak from Union Carbide Corporation's chemical plant in Bhopal in the state of Madhya Pradesh, India that killed more than 3,800 people. This review examines the health effects of exposure to the disaster, the legal response, the lessons learned and whether or not these are put into practice in India in terms of industrial development, environmental management and public health.

In the 1970s, the Indian government initiated policies to encourage foreign companies to invest in local industry. Union Carbide Corporation (UCC) was asked to build a plant for the manufacture of Sevin, a pesticide commonly used throughout Asia. As part of the deal, India's government insisted that a significant percentage of the investment come from local shareholders. The government itself had a 22% stake in the company's subsidiary, Union Carbide India Limited (UCIL) [ 1 ]. The company built the plant in Bhopal because of its central location and access to transport infrastructure. The specific site within the city was zoned for light industrial and commercial use, not for hazardous industry. The plant was initially approved only for formulation of pesticides from component chemicals, such as MIC imported from the parent company, in relatively small quantities. However, pressure from competition in the chemical industry led UCIL to implement "backward integration" – the manufacture of raw materials and intermediate products for formulation of the final product within one facility. This was inherently a more sophisticated and hazardous process [ 2 ].

In 1984, the plant was manufacturing Sevin at one quarter of its production capacity due to decreased demand for pesticides. Widespread crop failures and famine on the subcontinent in the 1980s led to increased indebtedness and decreased capital for farmers to invest in pesticides. Local managers were directed to close the plant and prepare it for sale in July 1984 due to decreased profitability [ 3 ]. When no ready buyer was found, UCIL made plans to dismantle key production units of the facility for shipment to another developing country. In the meantime, the facility continued to operate with safety equipment and procedures far below the standards found in its sister plant in Institute, West Virginia. The local government was aware of safety problems but was reticent to place heavy industrial safety and pollution control burdens on the struggling industry because it feared the economic effects of the loss of such a large employer [ 3 ].

At 11.00 PM on December 2 1984, while most of the one million residents of Bhopal slept, an operator at the plant noticed a small leak of methyl isocyanate (MIC) gas and increasing pressure inside a storage tank. The vent-gas scrubber, a safety device designer to neutralize toxic discharge from the MIC system, had been turned off three weeks prior [ 3 ]. Apparently a faulty valve had allowed one ton of water for cleaning internal pipes to mix with forty tons of MIC [ 1 ]. A 30 ton refrigeration unit that normally served as a safety component to cool the MIC storage tank had been drained of its coolant for use in another part of the plant [ 3 ]. Pressure and heat from the vigorous exothermic reaction in the tank continued to build. The gas flare safety system was out of action and had been for three months. At around 1.00 AM, December 3, loud rumbling reverberated around the plant as a safety valve gave way sending a plume of MIC gas into the early morning air [ 4 ]. Within hours, the streets of Bhopal were littered with human corpses and the carcasses of buffaloes, cows, dogs and birds. An estimated 3,800 people died immediately, mostly in the poor slum colony adjacent to the UCC plant [ 1 , 5 ]. Local hospitals were soon overwhelmed with the injured, a crisis further compounded by a lack of knowledge of exactly what gas was involved and what its effects were [ 1 ]. It became one of the worst chemical disasters in history and the name Bhopal became synonymous with industrial catastrophe [ 5 ].

Estimates of the number of people killed in the first few days by the plume from the UCC plant run as high as 10,000, with 15,000 to 20,000 premature deaths reportedly occurring in the subsequent two decades [ 6 ]. The Indian government reported that more than half a million people were exposed to the gas [ 7 ]. Several epidemiological studies conducted soon after the accident showed significant morbidity and increased mortality in the exposed population. Table ​ Table1. 1 . summarizes early and late effects on health. These data are likely to under-represent the true extent of adverse health effects because many exposed individuals left Bhopal immediately following the disaster never to return and were therefore lost to follow-up [ 8 ].

Health effects of the Bhopal methyl isocyanate gas leak exposure [8, 30-32].

Immediately after the disaster, UCC began attempts to dissociate itself from responsibility for the gas leak. Its principal tactic was to shift culpability to UCIL, stating the plant was wholly built and operated by the Indian subsidiary. It also fabricated scenarios involving sabotage by previously unknown Sikh extremist groups and disgruntled employees but this theory was impugned by numerous independent sources [ 1 ].

The toxic plume had barely cleared when, on December 7, the first multi-billion dollar lawsuit was filed by an American attorney in a U.S. court. This was the beginning of years of legal machinations in which the ethical implications of the tragedy and its affect on Bhopal's people were largely ignored. In March 1985, the Indian government enacted the Bhopal Gas Leak Disaster Act as a way of ensuring that claims arising from the accident would be dealt with speedily and equitably. The Act made the government the sole representative of the victims in legal proceedings both within and outside India. Eventually all cases were taken out of the U.S. legal system under the ruling of the presiding American judge and placed entirely under Indian jurisdiction much to the detriment of the injured parties.

In a settlement mediated by the Indian Supreme Court, UCC accepted moral responsibility and agreed to pay $470 million to the Indian government to be distributed to claimants as a full and final settlement. The figure was partly based on the disputed claim that only 3000 people died and 102,000 suffered permanent disabilities [ 9 ]. Upon announcing this settlement, shares of UCC rose $2 per share or 7% in value [ 1 ]. Had compensation in Bhopal been paid at the same rate that asbestosis victims where being awarded in US courts by defendant including UCC – which mined asbestos from 1963 to 1985 – the liability would have been greater than the $10 billion the company was worth and insured for in 1984 [ 10 ]. By the end of October 2003, according to the Bhopal Gas Tragedy Relief and Rehabilitation Department, compensation had been awarded to 554,895 people for injuries received and 15,310 survivors of those killed. The average amount to families of the dead was $2,200 [ 9 ].

At every turn, UCC has attempted to manipulate, obfuscate and withhold scientific data to the detriment of victims. Even to this date, the company has not stated exactly what was in the toxic cloud that enveloped the city on that December night [ 8 ]. When MIC is exposed to 200° heat, it forms degraded MIC that contains the more deadly hydrogen cyanide (HCN). There was clear evidence that the storage tank temperature did reach this level in the disaster. The cherry-red color of blood and viscera of some victims were characteristic of acute cyanide poisoning [ 11 ]. Moreover, many responded well to administration of sodium thiosulfate, an effective therapy for cyanide poisoning but not MIC exposure [ 11 ]. UCC initially recommended use of sodium thiosulfate but withdrew the statement later prompting suggestions that it attempted to cover up evidence of HCN in the gas leak. The presence of HCN was vigorously denied by UCC and was a point of conjecture among researchers [ 8 , 11 - 13 ].

As further insult, UCC discontinued operation at its Bhopal plant following the disaster but failed to clean up the industrial site completely. The plant continues to leak several toxic chemicals and heavy metals that have found their way into local aquifers. Dangerously contaminated water has now been added to the legacy left by the company for the people of Bhopal [ 1 , 14 ].

Lessons learned

The events in Bhopal revealed that expanding industrialization in developing countries without concurrent evolution in safety regulations could have catastrophic consequences [ 4 ]. The disaster demonstrated that seemingly local problems of industrial hazards and toxic contamination are often tied to global market dynamics. UCC's Sevin production plant was built in Madhya Pradesh not to avoid environmental regulations in the U.S. but to exploit the large and growing Indian pesticide market. However the manner in which the project was executed suggests the existence of a double standard for multinational corporations operating in developing countries [ 1 ]. Enforceable uniform international operating regulations for hazardous industries would have provided a mechanism for significantly improved in safety in Bhopal. Even without enforcement, international standards could provide norms for measuring performance of individual companies engaged in hazardous activities such as the manufacture of pesticides and other toxic chemicals in India [ 15 ]. National governments and international agencies should focus on widely applicable techniques for corporate responsibility and accident prevention as much in the developing world context as in advanced industrial nations [ 16 ]. Specifically, prevention should include risk reduction in plant location and design and safety legislation [ 17 ].

Local governments clearly cannot allow industrial facilities to be situated within urban areas, regardless of the evolution of land use over time. Industry and government need to bring proper financial support to local communities so they can provide medical and other necessary services to reduce morbidity, mortality and material loss in the case of industrial accidents.

Public health infrastructure was very weak in Bhopal in 1984. Tap water was available for only a few hours a day and was of very poor quality. With no functioning sewage system, untreated human waste was dumped into two nearby lakes, one a source of drinking water. The city had four major hospitals but there was a shortage of physicians and hospital beds. There was also no mass casualty emergency response system in place in the city [ 3 ]. Existing public health infrastructure needs to be taken into account when hazardous industries choose sites for manufacturing plants. Future management of industrial development requires that appropriate resources be devoted to advance planning before any disaster occurs [ 18 ]. Communities that do not possess infrastructure and technical expertise to respond adequately to such industrial accidents should not be chosen as sites for hazardous industry.

Following the events of December 3 1984 environmental awareness and activism in India increased significantly. The Environment Protection Act was passed in 1986, creating the Ministry of Environment and Forests (MoEF) and strengthening India's commitment to the environment. Under the new act, the MoEF was given overall responsibility for administering and enforcing environmental laws and policies. It established the importance of integrating environmental strategies into all industrial development plans for the country. However, despite greater government commitment to protect public health, forests, and wildlife, policies geared to developing the country's economy have taken precedence in the last 20 years [ 19 ].

India has undergone tremendous economic growth in the two decades since the Bhopal disaster. Gross domestic product (GDP) per capita has increased from $1,000 in 1984 to $2,900 in 2004 and it continues to grow at a rate of over 8% per year [ 20 ]. Rapid industrial development has contributed greatly to economic growth but there has been significant cost in environmental degradation and increased public health risks. Since abatement efforts consume a large portion of India's GDP, MoEF faces an uphill battle as it tries to fulfill its mandate of reducing industrial pollution [ 19 ]. Heavy reliance on coal-fired power plants and poor enforcement of vehicle emission laws have result from economic concerns taking precedence over environmental protection [ 19 ].

With the industrial growth since 1984, there has been an increase in small scale industries (SSIs) that are clustered about major urban areas in India. There are generally less stringent rules for the treatment of waste produced by SSIs due to less waste generation within each individual industry. This has allowed SSIs to dispose of untreated wastewater into drainage systems that flow directly into rivers. New Delhi's Yamuna River is illustrative. Dangerously high levels of heavy metals such as lead, cobalt, cadmium, chrome, nickel and zinc have been detected in this river which is a major supply of potable water to India's capital thus posing a potential health risk to the people living there and areas downstream [ 21 ].

Land pollution due to uncontrolled disposal of industrial solid and hazardous waste is also a problem throughout India. With rapid industrialization, the generation of industrial solid and hazardous waste has increased appreciably and the environmental impact is significant [ 22 ].

India relaxed its controls on foreign investment in order to accede to WTO rules and thereby attract an increasing flow of capital. In the process, a number of environmental regulations are being rolled back as growing foreign investments continue to roll in. The Indian experience is comparable to that of a number of developing countries that are experiencing the environmental impacts of structural adjustment. Exploitation and export of natural resources has accelerated on the subcontinent. Prohibitions against locating industrial facilities in ecologically sensitive zones have been eliminated while conservation zones are being stripped of their status so that pesticide, cement and bauxite mines can be built [ 23 ]. Heavy reliance on coal-fired power plants and poor enforcement of vehicle emission laws are other consequences of economic concerns taking precedence over environmental protection [ 19 ].

In March 2001, residents of Kodaikanal in southern India caught the Anglo-Dutch company, Unilever, red-handed when they discovered a dumpsite with toxic mercury laced waste from a thermometer factory run by the company's Indian subsidiary, Hindustan Lever. The 7.4 ton stockpile of mercury-laden glass was found in torn stacks spilling onto the ground in a scrap metal yard located near a school. In the fall of 2001, steel from the ruins of the World Trade Center was exported to India apparently without first being tested for contamination from asbestos and heavy metals present in the twin tower debris. Other examples of poor environmental stewardship and economic considerations taking precedence over public health concerns abound [ 24 ].

The Bhopal disaster could have changed the nature of the chemical industry and caused a reexamination of the necessity to produce such potentially harmful products in the first place. However the lessons of acute and chronic effects of exposure to pesticides and their precursors in Bhopal has not changed agricultural practice patterns. An estimated 3 million people per year suffer the consequences of pesticide poisoning with most exposure occurring in the agricultural developing world. It is reported to be the cause of at least 22,000 deaths in India each year. In the state of Kerala, significant mortality and morbidity have been reported following exposure to Endosulfan, a toxic pesticide whose use continued for 15 years after the events of Bhopal [ 25 ].

Aggressive marketing of asbestos continues in developing countries as a result of restrictions being placed on its use in developed nations due to the well-established link between asbestos products and respiratory diseases. India has become a major consumer, using around 100,000 tons of asbestos per year, 80% of which is imported with Canada being the largest overseas supplier. Mining, production and use of asbestos in India is very loosely regulated despite the health hazards. Reports have shown morbidity and mortality from asbestos related disease will continue in India without enforcement of a ban or significantly tighter controls [ 26 , 27 ].

UCC has shrunk to one sixth of its size since the Bhopal disaster in an effort to restructure and divest itself. By doing so, the company avoided a hostile takeover, placed a significant portion of UCC's assets out of legal reach of the victims and gave its shareholder and top executives bountiful profits [ 1 ]. The company still operates under the ownership of Dow Chemicals and still states on its website that the Bhopal disaster was "cause by deliberate sabotage". [ 28 ].

Some positive changes were seen following the Bhopal disaster. The British chemical company, ICI, whose Indian subsidiary manufactured pesticides, increased attention to health, safety and environmental issues following the events of December 1984. The subsidiary now spends 30–40% of their capital expenditures on environmental-related projects. However, they still do not adhere to standards as strict as their parent company in the UK. [ 24 ].

The US chemical giant DuPont learned its lesson of Bhopal in a different way. The company attempted for a decade to export a nylon plant from Richmond, VA to Goa, India. In its early negotiations with the Indian government, DuPont had sought and won a remarkable clause in its investment agreement that absolved it from all liabilities in case of an accident. But the people of Goa were not willing to acquiesce while an important ecological site was cleared for a heavy polluting industry. After nearly a decade of protesting by Goa's residents, DuPont was forced to scuttle plans there. Chennai was the next proposed site for the plastics plant. The state government there made significantly greater demand on DuPont for concessions on public health and environmental protection. Eventually, these plans were also aborted due to what the company called "financial concerns". [ 29 ].

The tragedy of Bhopal continues to be a warning sign at once ignored and heeded. Bhopal and its aftermath were a warning that the path to industrialization, for developing countries in general and India in particular, is fraught with human, environmental and economic perils. Some moves by the Indian government, including the formation of the MoEF, have served to offer some protection of the public's health from the harmful practices of local and multinational heavy industry and grassroots organizations that have also played a part in opposing rampant development. The Indian economy is growing at a tremendous rate but at significant cost in environmental health and public safety as large and small companies throughout the subcontinent continue to pollute. Far more remains to be done for public health in the context of industrialization to show that the lessons of the countless thousands dead in Bhopal have truly been heeded.

Competing interests

The author(s) declare that they have no competing interests.

Acknowledgements

J. Barab, B. Castleman, R Dhara and U Misra reviewed the manuscript and provided useful suggestions.

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Bhopal Gas Tragedy – Case Study And Legal Consequences

Introduction:.

The industrial manufacturing sector is pivotal for the buoyancy of the Indian economy. Since this production sector extended its hands to facilitate economic sustainability, it has branched with diversified industries indulged and engaged in manufacturing automobiles, pieces of machinery, equipment, mental and electric appliance, mineral-extractions, so on. To utilize our demographic dividend, Indian is supposed to alleviate unemployment. The attainment of such an object necessitates the growth of the industrial sector, which is capable to create large-scale employment opportunities for youths. Consequently, millions of families will move out of poverty and fulfill their economic needs.

On the other hand, every single thing has its highlights and challenges. With having an eye on accomplishing economic and technological culmination, the human community is resting in a vain attempt to bring back or keep up the ecological footprint. The status quo industrial societies are pervaded with noxious or hazardous substances; indeed without the same nothing could be processed and produced. Negligence in treatment, usage, or disposal of such kinds of stuff has its ramifications in all walks of human life; even history tells us the same. India has witnessed countless industrial accidents; one of the notable incidents which have still deeply-rooted in the minds of Indians is the Bhopal gas leak tragedy.

Brief About the Incident:

To produce the pesticide named  Sevin  comprises the reagents, Methyl Isocyanate and Alpha Naphthol;   the American enterprises entitled the Union Cambridge Corporation has established its subsidiary in Bhopal as qua the central place with excellent transport links. Later, the established Indian subsidiary was named The Union Cambridge India Limited (UCIL) since the Indian public had owned the ownership, nearly 40.1% share in the corporation.

The incident happened on the night of December 2 to 3, 1984, when the forty tons of Methyl Isocyanate (MIC) was massively escaped from the Tank E106 at the UCC’s Indian subsidiary laid on at Bhopal. Since the plant has established in a crowded and inhabited area, within less than an hour, a great number of people and animals were befallen as victims and consequently died due to the toxicity of the leaked MIC. The estimated number of immediate death was 3500+, and the critical injury was 6+ lakh. Approximately, over the past decades since the incident, the death count has reached 20000. As per the Indian Council of Medical Research (ICMR) estimation, 62.58% of the Bhopal population had suffered from inhalational toxicity, withal having survivors might have experienced and developed bodily morbidities.

Concerning the treatment and Medicare, due to lack of information about the gas ebullition, the doctors did not play an efficient role. One of the causes for such a ramification is that the UCC’s refusal to disclose the precise proportion of the escaped gas by relying on the trade secrecy as a reasonable exemption.

Following the mishap, the victims have gone on an endless travel quest for justice, who have either lost their lives or sustained permanent disability. The two-fold question presented before the law for consideration is that, on what basis, the parameters for quantifying the liabilities of the corporation engaged in processing such a dangerous substance with nullified safety standards will be fixed? And the further aspect was how the government is going to tackle and prevent future damages by the installation of necessary safety protocols.

Legal Consequences of Bhopal Gas Tragedy:

The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985:

Soon after the man-disaster, noticing the multitude of the suits arising out of the incident, the Indian parliament has passed the Bhopal Gas Leak Disaster (Processing of Claims) Act on 29th March 1985. This Act confers the government to file suit for damages in place as a representative of the victims (either survived or deceased). For the purpose of effective enforcement of the Act, Section 9 authorizes the central government to frame a scheme; amounts to the introduction of the Bhopal Gas Leak Disaster (Registration and Processing of Claims) Scheme in 1985. The aforementioned government’s power to represent the affected party, both within and outside of India [1] , was predicated by the doctrine of  parens patriae.  However, the government has heavily criticized as, by enacting the Bhopal Act, it is attempting to smother the claimant from taking actions against the UCIL, since the government qua stakeholder at UCIL, is eligible to hold partially liable. Per contra, the government has managed to substantiate such enactment as, its  quo animo  is to secure the claims arising out of, or connected with, the Bhopal gas leak disaster, are dealt with speedily, effectively, equitably, and to the best advantage of the claimants and for matters incidental thereto . [2]

Does the Bhopal Act ultra vires the constitution:

Indeed, few allegations were brought before the Supreme Court challenging the constitutionality of the Bhopal Act in relation to Article 14 , 19 and 21. It was confronted that Sections 3, 4 and 11 of the Bhopal Act violated the right of Indian citizens under the Constitution of India to choose their own counsel, and alleging a conflict of interest by the Indian government, for it could not represent the victims because of its shared responsibility for the disaster by failing to enforce safety regulations. [3]  However, the Apex court rejected the appeal and upheld its constitutionality [4] .

Initial litigation:

Following the Act’s promulgation, in April 1985, the Indian government filed a suit against the UCC (the parent company of UCIL) in the Federal District Court of the southern district of New York, claiming 3.3 billion US dollars i.e. Rs. 3900 Crores. The skepticisms are that, why the Indian government does propose the American judiciary on behalf of the claimants, despite preferring the Indian judiciary system? Whether India has mistrusted its own judicature, or perhaps, it is strategically a ligation, which desires a significant sum of damages that the American judiciary could award? Nevertheless, the UCC fruitfully availed of the aforementioned issues under discussion and requested for the case dismissal on the grounds of  forum non-conveniens. Withal, they pleaded that, since the accident was taken place in India (Bhopal), it might be more convenient to be tried in India. 

Thus the litigation seeking both damages and punitive damages, invoking UCC’s liabilities such as absolute liability, strict liability, multinational enterprises liability theories, misrepresentation, negligence, and breach of warranty, was dismissed by the federal District Court after accepting the plea of UCC on May 12, 1986.

Rejection of settlement offers:

Since the parent company is responsible for the tortuous acts of the subsidiary company abroad, several efforts were taken by the UCC for outside court settlement but it went vain attempt after rejection by the Indian government. The negotiated settlement initiated by Union Carbide stood ready to provide 350 million dollars, which was accepted by the private lawyers representing the injured (both victims and the deceased) but dismissed by the Indian government.

Justice combats in Indian courts:

After getting rejected by the American Court, the suit pursued battle in India. In 1986 the Indian union brought this issue before the Bhopal District Court to recover 3.5 billion rupees damages. Subsequently, the same was reduced by 30% to 2.5 billion rupees by the high court of Madhya Pradesh. Later on, the Indian government appealed against the reduced interim award, rendered by the Madhya Pradesh high court before the apex court.

The five-judge bench heard the case, concerning the condition and status of victims, who were filled with hopelessness and experiencing the agony of despair. After four years of the chronicle’s worst industrial catastrophe, to end the wild goose chase and provide the immediate remedy, the Apex court rendered its judgment on 14th February 1989.

The matter of fact is that the people have lacked credibility since their collective thought was that the wrongdoer might get them self out of liabilities by invoking the exceptions of the doctrine of strict liability. Per contra, relying on the absolute liability Doctrine, the Apex Court [5]  upheld the liabilities of UCC and ordered them to pay the sum of 470 million USD (approximately Rs. 700 crores) as compensation.

Although the Indian government has brought the golden justice by fixing the liability of the company to pay $470 million, it is deemed to be a bad move qua the fixed damages is hardly 15% of the original claim for $3.3 million. Lucidly, it is not a sufficient sum to compensate for all the damage caused in relation to the tragedy.

Concerning the distribution of the awarded compensation, Rs. 1 lakh was provided to the deceased person’s family, Rs. 50000 for persons suffering lasting damage and Rs. 25,000 for the temporarily injured.

Criticisms on the settlement:

As mentioned, firstly, it was assailed for the total sum of the compensation amount, as being the full and final settlement of all claims, rights, and liabilities arising out of that disaster, [6] the fixed amount leads to inadequacy of sum to compensate. Secondly, in terms of the final payment, vide its judgment ‘ this settlement shall finally dispose of all past, present and future claims, causes of action and civil and criminal proceedings (of any nature whatsoever wherever pending) by all Indian citizens’. Comprehensibly, it quashed the criminal proceedings and concluded all the civil proceedings, further limited the liabilities for the claims which were filed later.

Considering the aforesaid criticisms,  in 1989, the Apex Court clubbed several petitions and revived the criminal proceedings, and held that if there is any shortage in the amount of compensation the state is bound to bridge the gap [7] .

In 1990, the Indian government sanctioned Rs. 258 crores funds to aid the victims for economic, social, environmental, and medical rehabilitation. Later in 2010, former UCIL chairman and other 6 Ex-employees were convicted for the term of 2 years with a 2000 USD fine for the offense of causing death by negligence.

Employed principle:

Absolute liability:.

The trite English principle of strict liability was laid by the case of Ryland v. Fletcher [8]  in 1868. The said principle states that the person will be held responsible for the leakage of any hazardous substance from his premises. Withal, it is noteworthy that, even though there is no negligence on his part, he will be held accountable for the act of keeping the dangerous things in his premises.  Vide  this case’s judgment; it elucidates the ingredients that are essential to invoke strict liability viz. there should be the possession of dangerous substances, it must be escaped from defendant’s premises, and it has been kept for non-natural use of the land. In addition, there are certain exceptions to this rule, which are as follows,

• The fault of the plaintiff
• Act of the third party
• Consent of the party

Till the date of the  MC Mehta v Union of India case, [9] the rule of strict liability has governed the Indian judicature in relation to the matter of fact in issue. But then, the rule of absolute liability was introduced in the said oleum gas leak case, wherein the oleum gas was escaped from the fertilizer plant of Shriram foods and fertilizers enterprises. Since the enterprises had engaged in an ultra-hazardous activity, it is their absolute and non-delegable duty to safeguard others from getting injured out of their industrial process. In the case of any failure in discharging the obliged duties, the enterprises will be held liable to pay damages under tort law regardless of the cited strict liability exceptions. Indeed, the same was held in this oleum gas leak gas. Thus, in simple words, the concept of absolute liability is the strict liability without any exceptions, which means under no grounds a person could escape the liabilities.

Conclusion and Analysis:

After analyzing the given circumstance, it is pretty evident that the legislative lacunae lasted at the time of tragedy. Though the factories Act, 1948 was propounded even before the Bhopal catastrophe, it prioritizes the welfare of the workers employed in industries and factories and there is no first place law to deal with the concerned situation. This incident led to breakthroughs in the Indian legislature, the catena of legislations related to the environmental safeguard and determination of penalties were enacted. The status quo is that any similar incident that occurs now will be tried before the National Green tribunal and fall under the ambit of the Environmental protection Act, 1986. Even though, under the provisions of the Public liability Act, 1991, the injured could claim damages for the caused injury because of the leaked hazardous chemicals. In addition, the said Act of 1991 out on the basis of the concept of ‘no-fault liability.

Concerning the disposal of hazardous wastes from industry, we have Hazardous Wastes (Management, Handling, and Transboundary Movement) Rules, 2008, to govern the storage and disposal of such toxic substances with the aid of the pollution control board. Further, In the case of Foundation for Science, Technology and Natural Resource policy v. Union of India, [10] the Apex court upholds the constitutionality of the Hazardous wastes (Management & Handling) Rules, 1989, and the applicability of directions provided in the BASEL Convention. Prior to this, Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules, 1996 was legislated to address gas leaks and to monitor the industries handling those deadly chemicals .

Thus, the aftermath of the Bhopal gas leak tragedy has substantially informed us about the importance of environmental protection and the concept of sustainable development . The wider array of Article 21 of the Indian constitution in relation to the r ight to a clean and healthy environment [11] has also been obtained only after the catena of judicial decisions interpreted the same. Besides, the Indian constitution prescribes the state as well as citizens to protect the environment under its Article, 39(b), 47, 48, 49, 48 A, and 51 A (g).

Even we have sufficient legislations to address the gas leaks issue; it is an absolute challenge to measure the injuries sustained by a person. However, the injured will receive damages in the light of law (Ubi jus ibi remidium). But then, how far it recompenses their loss? What about the people who lost their lives or happened to suffer the morbidities. Their psychological and physiological distresses are immeasurable. Hence, prevention is always better than cure by the mean, the government, industries, and citizens are obliged to take reasonable care because, ultimately, this is our environment.

References:

• https://blog.ipleaders.in/bhopal-gas-tragedy-case-study/#_ednref28
• https://www.scconline.com/blog/post/tag/bhopal-gas-tragedy/
• https://indianjudiciarynotes.com/case-study/case-study-mc-mehta-vs-union-of-india/
• https://scholarship.law.unc.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1464&context=ncilj

[1] Section 3(1) of the Bhopal Act, 1985.

[2] THE BHOPAL GAS LEAK DISASTER (PROCESSING OF CLAIMS) ACT, 1985, https://www.indiacode.nic.in/bitstream/123456789/1855/1/A1985-21.pdf.

[3] Lewin,  Carbide Is Sued in U.S. by India in Gas Disaster,  N.Y. Times, April 9, 1985, at D2, col.4

[4] State of Madras v. V. G. Row,   AIR 1952 SC 607.

[5] Union Carbide Corporation v. Union of India, 1990 AIR 273.

[6] Supra note 5.

[7] Zia Modi, 10 Judgments that changed India, 44, {2013}

[8] Rylands v Fletcher (1868) LR 3 HL 330

[9] 1987 AIR 1086.

[10] AIR 2012 SC 2627.

[11] Subhash Kumar v. the State of Bihar, 1991 AIR 420, 1991 SCR (1) 5.

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Snegapriya V S

A third-year student of law at Vellore Institute of Technology (VIT School of Law), budding first-generation lawyer cum legal researcher with multiple publications in various web journals and portals on different subject matters of law in issue. Being a zealous-natured person with thoughts enrooted in epistemophilia has boosted my passion for research writings by interpreting diversified legal facets. As a perceptive observer and reader, I pay greater attention to the overlooked legal fields where divergent challenges might arise, that include cyber law, environmental law, consumer law, and several constitutional provisions. Besides, I prioritize construing legal problems with social psychology. My dream and vision are to catch myself as a skilled legal adroit.

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Bhopal: A Root Cause Analysis of the Deadliest Industrial Accident in History

I was an employee of union carbide corp. (ucc), and like other employees, i know exactly where i was when i first heard the news. analyzing the root cause of this horrible accident provides insight and opportunities to learn from the mistakes that led to bhopal..

In the 11th century, Raja Bhoj of Dhar founded a city on the shores of a beautiful lake in central India. Today, that city, Bhopal, is a bustling metropolis of 2 million people. The city and surrounding area is home to a large wildlife refuge, a museum of Indian tribal life, a collection of historical palaces and temples, and Stone Age cave paintings.

Almost anywhere else in the world, this city would be a major tourist attraction, but Bhopal is well-known for something else: It is the site of the deadliest industrial accident in history.

The Accident

In the early morning hours of 3 December, 1984, a large amount of toxic methyl isocyanate (MIC) gas was released from a Union Carbide India Limited (UCIL) pesticide plant, which swept over a large, densely populated area south of the plant. The cloud also wafted over a railway station 2 km away, where many people waiting for and arriving on trains died.

About 500,000 people downwind were exposed to the gas cloud. Thousands of people died in the immediate aftermath, although the precise number is unknown. A commonly accepted number is 2,000 (D’Silva 2006), but it may be as high as 8,000 (Amnesty International 2004). Tens of thousands were severely injured, thousands of whom died prematurely from their injuries in the months and years following the release.

A Personal Connection

I was an employee of Union Carbide Corp. (UCC), the US parent company of UCIL at the time of the accident. Like other UCC employees, I know exactly where I was when I first heard the news.

While traveling in India recently, I traveled to Bhopal to see the site of the accident.

The plant has been idle for 30 years, rusting away, and overgrown with trees and shrubs. Many have clamored for years to have the plant demolished and the site cleaned up. Others have petitioned that it be maintained as a United Nations Educational, Scientific, and Cultural Organization World Heritage site.

Today, the accident is still alive in the neighborhood around the plant. Billboards and graffiti demand restitution. Hospitals and rehabilitation centers continue to treat the injured. Thousands still seek medical attention for problems, especially lung damage, and also immune system impairment, neurological damage, cancers, gynecological disorders, and mental health issues (Amnesty International).

The accident caused social and economic problems. For example, an already poor area was made much poorer, many families lost their sole breadwinners, and others lost their employment. Young women exposed to the gas cloud carry a social stigma and have had difficulty finding husbands.

I am frequently struck by how little people know about this accident. As the 30th anniversary of the event approaches, I think that it is important to remember those killed and injured in the accident, and to further resolve to learn from this accident, so that nothing like it will ever happen again.

Seeking the Truth

We will never know the whole truth about Bhopal. It is difficult to investigate a catastrophe of this magnitude, and it was particularly difficult to investigate Bhopal becauseof interference from vested interests.

A great deal has been written about the incident and the plight of the affected people and communities, but much of it was speculation, or was written to achieve the specific objectives of various involved parties.

I have sorted through competing narratives and claims to present the following, which is based on my experiences and research.

The Political, Legal, Economic and Social Environment

Trevor Kletz, a renowned safety expert, argued that there is no such thing as a root cause, but only a point at which we stop asking questions.

In this case, I think that it is appropriate to begin the inquiry during the days of the British Raj, the colonial occupation of India, because the residue of colonialism affected the psyche of the people and the political and legal systems of the country in ways that contributed to the tragedy.

Fig. 1 illustrates the cultural environment at the time of the accident.

• On the left, four drivers of the culture are
• The recent history of colonialism (the domination of India by a foreign power)
• The general poverty of the country and abject poverty of many people living near the  plant
• The appeal of socialism in India at the time in history
• The lack of a safety culture

Fig. 1 also shows the effects of the drivers, which include

• The development of a legal system that was unashamedly pro-India, pro-citizen, and antiforeign corporation. This made it difficult for western companies to make a profit, and even more difficult to expatriate any profits that they managed to make. Most western companies, including IBM and Coca-Cola, left the country.
• A shantytown developed quickly in the undeveloped land around the plant, which was supposed to be a buffer area. Local politicians supported the squatters and rebuffed UCIL’s attempts to evict them from the property.
• Employees’ mistrust of management made it difficult to instill a safety culture that was appropriate to the inherent risks associated with the plant. It was impossible to even investigate incidences and near misses because they were covered up by the workers. 

The plant was not making money for a couple of reasons. Sales were much lower than predicted because of economic hardships in India and unexpected competition. Manufacturing costs were high due to problems with the technology. It cost four times as much to make the pesticide in Bhopal as it did to make it in the United States (Fig. 2) .

UCIL had decided to permanently shut down the plant and ship it out of India. The plant was in its last production run at the time of the accident, working off the last batch of MIC.

It was against this legal, political, economic, and social backdrop that the final events and decisions leading to the tragedy unfolded.

Description of the Plant

Fig. 3 illustrates the pesticide production facilities at which the MIC was produced on site in the production plant and consumed on site as a raw material in the pesticide plant (MIC consumer).

The plant design (partially batch) required MIC storage, which was to be kept at minimum volumes. A caustic scrubber was provided to neutralize the MIC vented from the storage tanks, and a flare was used to burn the vented MIC. A refrigeration system was provided to keep the stored MIC cold to decrease the rate of MIC’s reaction with water and other contaminants.

Initiating Event: Operator Error or Sabotage?

Accidents begin with one triggering (initiating) event. The initiating event for Bhopal was the introduction of a large amount of water into the tank (about 200 gal). MIC is a stable compound, but is very reactive with water, generating an exothermic (gives off heat) reaction. As the reaction progressed, the tank’s temperature and pressure increased, slowly at first, then at an accelerating rate until the venting began.

There is controversy over how the water got there. One story is that operators in another part of the plant were water-washing the vent header and did not properly isolate the header, allowing water to reach the MIC tank. However, this story does not pass technical muster. Simple pressure drop calculations show the scenario to be impossible (Kalelkar 1988). But this scenario sounds plausible, and is still argued by some who have vested legal and political interests in its acceptance.

It is likely that the true cause was sabotage. A disgruntled worker intentionally injected water into the tank, presumably to ruin the batch of MIC (D’Silva 2006; Kalelkar 1988).

Bypassed or Broken Safeguards

Significant safeguards were designed into the plant to prevent an MIC release, or at least to minimize its impact. Although the safeguards were probably adequate for handling typical initiating events, they may not have been adequate to handle the quantity of water injected into the tank on that day. We will never know, because all of the other safeguards were bypassed, out-of-service that night, or otherwise rendered ineffective.

No Means of Adding Water to the Tank

It is common in industrial facilities to install valves and drains in piping systems to make it easy to vent and drain the systems and inject water, steam, nitrogen, or air for purging or cleaning the systems. The designers of the Bhopal facility were aware that accidental injection of water could be catastrophic. Hence, the installed system had no drains or vents. Investigation (Kalelker) suggested that the injection of water could not have been a simple human error. It appears that the saboteur removed a pressure gauge and installed a hose connection in its place.

Minimizing the Stored Volume of MIC

The simplest of the safeguards was a safety directive to minimize the quantity of stored MIC stored. As indicated in Fig. 3, there were three storage tanks. According to the procedure, two tanks should have been empty and the third should have been at less than 50% level.

The actual level in Tank E-610 was about 70% (and Tank E-611 also contained MIC). Had there been less MIC in the tank, operators may have had the options to add diluent to slow the reaction.

Refrigeration System Out of Service

The rate of an exothermic reaction is decreased by decreasing the temperature. A refrigeration system was provided to keep the MIC at about 30°F. Had the tank been operated at that temperature, the reaction rate would have been much lower and the event may have been far less catastrophic.

Ironically, the refrigeration system was turned off months before the accident as a safety measure. The seals of the pump circulating the MIC through the refrigeration unit were prone to leaks. After one catastrophic seal failure, the refrigeration system was shut down permanently.

Caustic Scrubber

The vented MIC escaped through the vent gas scrubber (caustic scrubber). In the scrubber, it should have contacted caustic (sodium hydroxide), which would have neutralized at least some of the MIC.

There are conflicting reports on the operation of the scrubber. Some report that the scrubber was out of service for maintenance, while others report that it was operating, but that the flowmeter was not working. Hence, we have no direct evidence that caustic was pumped to the scrubber.

Even if the scrubber was in service, it probably had little effect. Scrubbers function by causing intimate contact between the liquid and gas streams. The gas flow rate on the night of the accident was probably from four to five times the scrubber design rate. At that flow rate, the vapor/liquid contact would have been poor.

Flare Out of Service

As in most processing facilities, the ultimate line of defense against vented gases is the flare, which is designed to burn the vented gases going through it. On the night of the accident, the flare was out of service. A section of pipe in the flare header was corroded and the flare had been taken out of service. 

Shantytown in the Plant Buffer Area

India is a crowded country with inadequate public transportation. The UCIL plant was a major employer, so it was natural that people would want to live near the plant. The poorest of the poor set up a shantytown along the plant perimeter, many literally using the plant’s concrete fence as one wall of their house. UCIL had tried multiple times to have the shantytown removed, but was unsuccessful because the shantytown residents were voters, and the local politicians supported them.

Ineffective Emergency Response

No on-duty UCIL employees were killed in the event because as the plant operators became aware of what was happening, including the direction from which the wind blew, they chose an appropriate evacuation route.

An effective emergency response would undoubtedly have saved many people in the community. UCIL issued no alarm to the community and provided no information to civil authorities until about 2 hours after the initial release of the gas.

Ineffective Treatment of the Injured

A final safeguard would have been effective treatment of the injured. In the immediate aftermath, the doctors did not know the cause of the incident and were unable to determine the appropriate treatment of the injured.

Local groups argue that still today, thousands are suffering from the exposure and that the funding allotted for their treatment is inadequate.

Internal Communication Failures

It was a remarkable series of defeated safeguards and it seems incredible that a plant would be operated in this manner. As I read the various accident reports, I sensed that the decisions were made by different people at different times. It was possible that no single person knew that all of the safeguards were out of service. It is a fundamental weakness of defense in depth when an individual can bypass a single safeguard, convinced that other available safeguards will provide adequate protection.

The Perfect Storm

In all or most major accidents, we see a similar pattern of multiple things going wrong. The list of things that went wrong at Bhopal is striking, including:

• The plant was losing money, which resulted in staff and maintenance budget cutbacks.
• A social system that dismissed safety culture and created extreme tension between management and workers to the extent that one disgruntled worker was willing to intentionally ruin a batch of MIC.
• The plant was to close permanently, which, no doubt, significantly affected operator morale and contributed to the lack of maintenance and the bypassing of safety systems.
• Adverse meteorological conditions contributed to the harm done. Stable conditions with low wind speed kept the gas cloud intact for an extended period of time and moved it slowly over a large section of the city.
• The complete failure or lack of an emergency response program.
• Ineffective treatment of the injured.

It is unlikely that there will ever be another industrial accident as deadly as Bhopal, which was a “perfect storm” event.

What We Learned

Bhopal has had a significant effect on safety culture across multiple industries in the world.  The legacy of Bhopal includes many things today that we take for granted, such as hazard and operability analysis, management of change, permit to work, and dispersion modeling.

Plants around the world immediately moved to limit the storage and shipping of toxic materials. It is unlikely that anyone will ever again store 15,000 gal of a substance as toxic as MIC.

What We Have Not Learned

There were significant problems with the Bhopal plant design. Since then, we have learned to design safer plants. But the plant design played only a small role in the accident, which was caused largely by the failure to operate the plant as the designers intended (e.g., the bypassing of safeguard systems in particular and the violations in adhering to standard operating procedures [SOPs] in general).

UCC recognized the failure to follow SOPs as a root cause and launched a corporatewide program to update SOPs and instill a culture of using them effectively. In the years since, the airline industry has learned to make the following of SOPs a priority, resulting in improvements in the safety of air travel—a lesson that the oil and gas industry has yet to learn.

For Further Reading

D’Silva, T. 2006. The Black Box of Bhopal: A Closer Look at the World’s Deadliest Industrial Accident . Trafford Publishing. (The author worked in the UCC agricultural products division at the time of the accident and participated in the accident investigation. He wrote this book after he retired. I consider it to be the definitive book on the accident. The majority of the information in this article can be found in D’Silva’s book.)

Jung, B. and Bloch, K. 2012. The Bhopal Disaster. Hydrocarbon Processing June.

Kalelkar, A. 1988. Investigation of Large-Magnitude Incidents: Bhopal as a Case Study. Oral presentation given at the Institution of Chemical Engineers Conference on Preventing Major Chemical Accidents, London, England, May 1988. http://www.bhopal.com/~/media/Files/Bhopal/casestdy.pdf (downloaded 25 April 2014). (The speaker discussed why it was difficult to investigate major accidents and why it was especially difficult to investigate Bhopal. He provided the best arguments that I have seen for why the cause was most likely a sabotage.)

Mukherjee, S. 2010. Surviving Bhopal: Dancing Bodies, Written Texts, and Oral Testimonials of Women in the Wake of an Industrial Disaster . Palgrave Macmillan. (Results from an oral history project.)

Sinha, I. 2008. Animal’s People . Simon and Schuster. (A novel about people injured in the Bhopal accident and a group of activists.)

Union Carbide Corp. 1985. Bhopal Methyl Isocyanate Incident: Investigation Team Report. http://nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=2000W9PM.txt (Attachment One).

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Chapter 6: Understanding Our Criminal Justice System

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Chapter 7: Understanding Marginalisation

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Bhopal Gas Tragedy : Causes, effects and aftermath

The Bhopal gas tragedy occurred at midnight of December 2nd- 3rd December 1984 at the Union Carbide India Ltd (UCIL) pesticide facility in Bhopal, Madhya Pradesh. This catastrophe affected around 500,000 people along with many animals. People who were exposed are still suffering as a result of the gas leak’s long-term health impacts. Chronic eye difficulties and respiratory problems were some issues due to it. Children who have been exposed have stunted growth and cognitive impairments. 

Table of Content

Bhopal Gas Tragedy

Bhopal gas tragedy case study, causes of bhopal gas tragedy, effects of bhopal gas tragedy, aftermath of bhopal gas tragedy.

Union Carbide was an American company that produced pesticides. MIC – methyl isocyanide, a dangerous poisonous gas began to leak at midnight on 2nd December 1984 from the Union Carbide factory. This MIC caused the Bhopal gas tragedy. The Bhopal gas tragedy was a fatal accident. It was one of the world’s worst industrial accidents. 

UCIL was a pesticide manufacturing plant that produced the insecticide carbaryl. Carbaryl was discovered by the American company Union Carbide Corporation, which owned a significant share in UCIL. As an intermediary, UCIL produced carbaryl using methyl isocyanate (MIC). Other techniques for producing the ultimate product are available, but they are more expensive. The very toxic chemical MIC is extremely dangerous to human health. Residents of Bhopal in the area of the pesticide plant began to feel irritated by the MIC and began fleeing the city.

Bhopal UCIL constructed three underground MIC storage tanks which were named E610, E611, and E619. On October 1984, E610 was not able to maintain its nitrogen gas pressure and so the liquid which is present inside the tank would not pump out, because of which 42 tons of MIC in E610 was wasted. The chemical in E610 was left unpumped as they were not able to re-establish its pressure, which later became responsible for Bhopal Gas Tragedy.

The main causes of Bhopal Gas Tragedy are as follows:

• During the buildup to the spill, the plant’s safety mechanisms for the highly toxic MIC were not working. The alarm off tanks of the plant had not worked properly.
• Many valves and lines were in disrepair, and many vent gas scrubbers were not working, as was the steam boiler that was supposed to clean the pipes.
• The MIC was stored in three tanks, with tank E610 being the source of the leak. This tank should have held no more than 30 tonnes of MIC, according to safety regulations.
• Water is believed to have entered the tank through a side pipe as technicians were attempting to clear it late that fatal night.
• This resulted in an exothermic reaction in the tank, progressively raising the pressure until the gas was ejected through the atmosphere.

The main effects of the Bhopal Gas Tragedy are as follows:

• Thousands had died as a result of choking, pulmonary edema, and reflexogenic circulatory collapse.
• Neonatal death rates increased by 200 percent.
• A huge number of animal carcasses have been discovered in the area, indicating the impact on flora and animals. The trees died after a few days. Food supplies have grown scarce due to the fear of contamination. 
• Fishing was also prohibited.
• In March 1985, the Indian government established the Bhopal Gas Leak Accident Act, giving it legal authority to represent all victims of the accident, whether they were in India or abroad.
• At least 200,000 youngsters were exposed to the gas.
• Hospitals were overcrowded, and there was no sufficient training for medical workers to deal with MIC exposure.

In the United States, UCC was sued in federal court. In one action, the court recommended that UCC pay between $5 million and $10 million to assist the victims. UCC agreed to pay a $5 million settlement. The Indian government, however, rejected this offer and claimed $3.3 billion. In 1989, UCC agreed to pay $470 million in damages and paid the cash immediately in an out-of-court settlement.

Warren Anderson, the CEO and Chairman of UCC was charged with manslaughter by Bhopal authorities in 1991. He refused to appear in court and the Bhopal court declared him a fugitive from justice in February 1992. Despite the central government’s efforts in the United States to extradite Anderson, nothing happened. Anderson died in 2014 without ever appearing in a court of law.

Bhopal Gas Tragedy continues to be an important warning sign for industrialization, for developing countries and in particular India, with human, environmental, and economic pitfalls. The economy of India is growing at a fast rate but at the cost of environmental health as well as public safety.

Frequently Asked Questions

What were the reasons behind bhopal gas tragedy.

The reasons behind Bhopal gas tragedy was a large volume of water had been introduced into the MIC tank and has caused a chemical reaction which did force the pressure release valve, which allowed the gas to leak.

What is the name of Bhopal gas case law?

The name is Union Carbide Corporation v.

Which gas was leaked in the Bhopal Gas Tragedy?

The gas which was leaked in the Bhopal Gas Tragedy is methyl isocyanate.

Was Bhopal gas tragedy an accident or experiment?

Bhopal gas tragedy was the world’s most worst industrial accident.

How many people died in the Bhopal Gas?

A total of 3,787 deaths were registered related to the gas release in case of Bhopal Gas Tragedy.

What were the four main demands of the Bhopal Gas victims?

The 4 demands of Bhopal Gas victims include: Proper medical treatment. Adequate compensation. Fixation of criminal responsibility Steps for prevention of such disasters in future.

How was Bhopal Gas Tragedy fixed?

Bhopal Gas Tragedy was fixed with construction of a secure landfill for holding the wastes from the two on-site solar evaporation ponds.

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What happens after ‘the world’s worst industrial disaster’.

Harvard Law School student Apoorva Dixit gives voice to survivors of the Bhopal gas tragedy in a seven-part podcast series and TEDx Talk

In early December 1984, a leak at an American-owned manufacturer of pesticides exposed half a million people in Bhopal, India to a toxic gas, killing 8,000 in the immediate aftermath, according to one estimate, and sickening countless others. Later, lawsuits and criminal cases would blame the company’s lax safety protocols and delayed warnings to surrounding communities for thousands of additional deaths, disabilities, and diseases in the months and years following the disaster.

Yet despite the widespread — and ongoing — impact of the tragedy at Bhopal, the story of the catastrophe and the corruption from which it emerged is still not well known by many outside India, says Apoorva Dixit ’24, a student at Harvard Law School.

In fact, despite having been born in Bhopal to a father who himself survived the tragedy as a young man, Dixit did not learn about what has been called “ the world’s worst industrial disaster ” until she read a passing reference to it in her seventh-grade social studies textbook in Memphis, Tennessee. “I went home and asked my dad about it, because as a 12-year-old, I honestly assumed they were talking about some other Bhopal. I couldn’t believe this was so close to home and I had never known.”

Once she began delving deeply into the accident, she knew the world needed to hear the story. Recently, Dixit and her childhood best friend Molly Mulroy collaborated on a seven-part podcast series, “ They Knew Which Way to Run ,” the result of hundreds of hours of firsthand interviews with survivors, activists, and residents of Bhopal. The program traces the lead-up to and aftermath of the tragedy — in the words of the people who lived through it.

Remembering and forgetting

Dixit’s parents moved to Memphis when she was five years old, but growing up, she would often visit her grandfather back in Bhopal, a city she found fascinating. As an undergraduate at Dartmouth, Dixit majored in anthropology, and took a particular interest in ethnography, or the study of peoples and their cultures.

She also continued to think about the Bhopal gas tragedy. What had really happened that day? How did Bhopalis remember the events? Why didn’t more Bhopalis, like her father and grandfather, talk about it? How did the second-generation of survivors, people like Dixit, think about it? And why didn’t more people know about it?

Dixit decided that she wanted to go to the source to learn more. In 2017, she received a Fulbright Scholarship to travel to Bhopal and interview survivors, activists, and others who experienced the tragedy. “The plan was to look at the idea of collective memory — how different communities remember events,” says Dixit.

The plan [for traveling to Bhopal] was to look at the idea of collective memory — how different communities remember events. Apoorva Dixit

Her trip yielded interviews with nearly 100 people from a variety of backgrounds. She spoke with poor residents, who, because they lived close to the factory in a lower-lying part of the city, had been the most devastated by the leak. She talked to wealthier Bhopalis, who recalled the events of 1984 with a deep sadness, but also at a remove. She even interviewed her father and grandfather, the latter of whom had been a judge at the time.

But Dixit says the most moving stories were those of the activists, many of whom were women, who had used the law and public protest to fight for compensation for themselves and their families, and who continue to do so today against great odds. “There is a lot that they are still fighting for. They have lost loved ones. The factory has never been removed, and toxic waste still pollutes the water in the area,” she says. “So, for them, recalling the tragedy was less of a memory, less of a theoretical exercise, and more of a living, breathing thing.”

The experience was both difficult and fulfilling, she says. “Never in my life have I felt so deeply pulled toward something, especially something so painful for so many people.”

Speaking and listening

Before she had left for Bhopal, Dixit’s friend Mulroy suggested that they turn the materials she gathered there into a podcast to showcase and amplify the voices of survivors of the tragedy. The pair started thinking about the story and processing the interviews while Dixit was in India, but did not get far before the year was over and Dixit returned to the U.S., moving to Boston for a job in consulting.

In the end, what the team thought would be a short project “ended up turning into a five-year undertaking,” says Dixit, adding that there was much to explore. “What was the lead up to it? What happened in the decades since 1984, and what is happening today to the survivors I met? I also wanted to highlight the difference in how people like my family, who are fairly privileged, remember the tragedy, versus those who are relatively under-resourced.”

At first, the work was slow going. Dixit had to translate all the interviews into English so that they could begin building a narrative, and the story that emerged was complex, with many different pieces. “We tried an initial episode where we threw the whole story in, just a lot of information, but we couldn’t go deep enough to do it justice,” says Dixit.

Mulroy, who had previous experience in podcasting, offered a solution. “Molly said, ‘Find someone who does not know anything about you, but who you trust, and record yourself telling them the story. Think about what chronology you use, what parts you emphasize, and what parts are they interested in.’ And so, I did.”

“[The podcast highlights] the power of remembrance, the power of movement building, the incredible resilience that activists of Bhopal have shown.” Apoorva Dixit

Dixit’s storyline became the basis of the series, the first episodes of which describe how the U.S.-based company, Union Carbide, came to establish its factory in Bhopal, and the years of neglect of maintenance and safety measures that preceded the gas leak. Then, Dixit and Mulroy turn to the activists, survivors, and other residents of Bhopal who have continued to press the government and the company, which is now part of Dow Chemical, for redress.

“One leader in the movement for justice for survivors, Rashida Bi, really inspired me,” she says. “She has achieved so much. She also has a great way of telling her story. She was never formally educated, but she is so obviously brilliant, and her way of setting the scene and making comparisons and metaphors was different from what I was used to. She is captivating.”

Looking back, looking forward

To Dixit, the stories that emerged from the podcast contain lessons for anyone seeking to make change, including “the power of remembrance, the power of movement building, the incredible resilience that activists of Bhopal have shown,” she says. The grassroots movements they created shows how others can succeed, because “the activists faced every structural barrier possible — including resistance from the government — and yet they have created a whole network of institutions to serve themselves, including schools and medical clinics.”

And the process of listening itself bore insights, adds Dixit. Because she had to replay the interviews repeatedly while editing the podcast, she found herself gaining new understandings of the tragedy. She also began to see how similar patterns of remembering and forgetting, of inequality and privilege, play out in other crises, a connection she made in a TedX talk that now has more than 32,000 views.

“I think the story of the Bhopal gas tragedy has a lot of lessons to teach in terms of how COVID will be remembered by the next generation, and even by the generation that is currently experiencing it,” she says. “When you are actually in the eye of a disaster, it brings community together. It can bring out the best in people. But once a crisis becomes long-term enough, people move on — especially those who can afford to do so.”

Even as Dixit tackles her next goals — her studies at Harvard Law, her work with Harvard Defenders, a future in civil rights litigation — she promises she won’t move on from working to ensure the world knows about the Bhopal gas tragedy, nor the wisdom she has gleaned from the people who shared their stories. “I’ve seen how the law can be such a powerful tool for change, both good and bad,” she says. “I want to use it for good.”

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