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M.C Mehta v. Union of India
M.C Mehta v. Union of India
The petition of the case M.C Mehta v. Union of India was filled by M.C Mehta, he demanded the closure of Shriram Industries as it was involved in making of hazardous chemicals and it was located in the area with dense population. On 4th December and 6thDecember the chemical namely oleum gas from its unit got leaked causing the death of an advocate and affecting several others seriously. This occurred on the 4th December, 1985.
This incident of gas leak happened soon after the Bhopal gas tragedy killing more than 3800 people and affecting thousands of them. This gas leak in Delhi occurred in a very short span of a year of Bhopal gas tragedy. People were scared and the situation of panic was created in Delhi as due to past encounter in Bhopal.
M.C Mehta had filed the PIL under Article 21 and Article 32 of the Indian constitution and asked for the closing and shifting of Shriram Industries manufacturing Sulphuric Acid and Caustic Chlorine as this plant was present on one of the populated areas of Delhi. Industry was shut down on immediate notes because of the orders issued by the Inspector of Factories and Commissioner even issued orders on 8th December & 24th December, 1985.
This issue became a torch waiver and initiating steps for such an effective law such as Environment Act as it occurred just few months before it.
There were total 6 reports which were ordered in the case of the Shriram industries manufacturing fertilizer from these six reports four were ordered before the effective law of Environmental Act, 1986 being passed and coming into force. It was also significant as handling such toxic & hazardous substances be dealing it with minimum dangers to working class over there and people living in that vicinity.
The jury judging this case consisted Chief Justice Bhagwati who was deeply concerned for the protection and safety of people living in the vicinity of that place in Delhi with the leakage of such chemical which was hazardous in nature. He had some other opinions on this too. According to him we cannot close this industry permanently as it would create unemployment to 4000 people working over there and would create addition to problems of poverty and unemployment. He also believed that permanent closure of the industry will show its impact on developmental activities as it was also necessary for the economic development and upliftment of people so we could only hope to reduce this element of risk by taking necessary steps of relocating it in a place with less danger on people and community and taking proper safety measures in industries like these. It was also decided that committee of workers safety would be formed. Training workers with the help of audio-visual programme. For safety reasons installations of the speakers to alert people in the condition of leakage of gas. Proper safety devices for workers such as masks. The most important point about this was workers working in Shriram industries if escaping of gas causes injury or death to worker or people in the vicinity would be “personally responsible” for compensation`s payment of injury or death to them. The court even directed to deposit amount of rupees 20 lakhs and to furnishing a guarantee of bank for compensation of rupees 15 lakhs claim to the victim of this oleum gas leak.
