Mohit Kumar Manderna, BBA LL.B. (Hons.) at O.P. Jindal Global University
Sonipat Kritika Vatsa, BBA LL.B. (Hons.) at O.P. Jindal Global University, Sonipat
ABSTRACT
This paper examines the Union Carbide Corporation v. Union of India, also known as the Bhopal Gas Leak Case, which reaffirmed the principles of strict liability and absolute liability in India. The case involved a massive gas leak from the Bhopal plant, resulting in significant harm to the people and environment. The paper analyzes the application of absolute liability by the courts and argues that it was the appropriate legal doctrine given the hazardous nature of the activity and the extent of the damage caused. However, the paper highlights the shortcomings of the compensation awarded and the flaws in the calculation process. It also raises questions about the use of taxpayer money to cover private entity damages. The paper concludes by emphasizing the need for stronger legal requirements to protect human rights and prevent industries from neglecting public health in their pursuit of profit. The Bhopal Gas Leak Case serves as a reminder of the weaknesses in Indian laws and the importance of holding corporations accountable for their actions.
