- (1.) This writ petition, under Article 32 of the Constitution of India, arises out of implementation of certain orders made by this Court for interim relief to the victims of what has come to be known as the Bhopal Gas Tragedy.
(2.) On 12.3.1990 when the Review Petitions were pending before this Court, the Union of India came forward with a scheme for payment of interim relief to the victims of the exposure. to the MIC gas at Bhopal. This step was in recognition of the obligation of the State which had taken over the right of action of the individual victims and had assumed to itself as parens patriae the exclusive right of action against the tort feasors. Indeed, this Court in Charan Lal Sahu & Ors. v. Union of India, (1990 1 SCC 613 at 692) while upholding the Legislation held that the obligation to take care of the victims till such time as the compensation was finally, determined was implicit in the statutory scheme. It was observed: "... The Act should be construed as creating an obligation on the Central Government to pay interim relief as the Act deprives the victims of normal and immediate right of obtaining compensation from the Union Carbide. Had the Act not been enacted, the victims could have and perhaps would have been entitled not only to sue the Union Carbide themselves, but also to enter into settlement or compromise of some sort with them. The provisions of the Act deprived the victims of that legal right and opportunity, and that deprivation is substantial deprivation because upon immediate relief depends often the survival of these victims. In that background, it is just and proper that this deprivation is only to be justified if the Act is read with the obligation of granting interim relief or maintenance by the Central Government until the full amount of the dues of the victims is realised from the Union Carbide after adjudication or settlement and then deducting therefrom the interim relief paid to the victims..."
(3.) In the affidavit dated 12.3.1990 filed in this Court the Union Government stated: "(2) ...the Central Government has been deeply concerned about the continuing miseries of lakhs of people of Bhopal who were affected by the gas leak disaster which took place on December 3, 1984 and has been conscious of the fact that no meaningful financial r, assistance has been given to the victims of this biggest chemical disaster of the world even 5 years after the event. The Government of India are also conscious of and alive to their Constitutional obligation and duties towards the victims under Articles 38, 39, 39A and 47 inter alia of the Constitution and seek to effectuate the same. (3) Accordingly the Government of India have decided to give pro tempore financial to assistance to the victims in the form of interim relief..." (4) The Government of India have decided to give interim relief to all the residents of the 36 severely affected wards of Bhopal who were there on the night of the disaster. This decision to cover all the residents has been taken because there is a likelihood of long term health damage to all persons who were exposed to the MIC and other toxic gases. 2 (5) Government of India have now decided to pay an amount of Rs. 200/- per month per person for a period of three years as interim relief....";