UPA-I opposed increase in Bhopal payout
NEW DELHI: The alacrity shown by the government in setting up a Group of Ministers (GoM) to look into all issues of the Bhopal gas tragedy - including adequacy of compensation - was clearly missing just three years ago when the UPA government opposed tooth and nail any enhancement of payment to the sufferers.
Two applications by NGOs - Bhopal Gas Peedith Mahila Udyog Sanghathan (BGPMUS) and Bhopal Gas Peedith Sangharsh Sahayog Samiti (BGPSSS) - were filed before SC seeking "re-examination of the inadequacy of Bhopal Gas Settlement and to direct Union of India to compensate the settlement fund five times the initial fund" among other relief.
The NGOs argued that neither had all eligible victims been identified nor had adequate compensation been paid to them. They alleged that the estimate used to create the settlement fund was based on a conservative figure, and compensation paid to the kin was woefully inadequate.
These groups had asserted that the magnitude of the disaster in terms of death as well as injuries was at least five times larger than what was assumed in 1989. It was then estimated that at least 3,000 people died and 30,000 were injured. The toll now stands at five times the 1989 estimate.
The UPA government had opposed the plea saying it was based on "assumptions, surmises and conjecture and on misreading of the judgments of the Supreme Court".
The Centre had said, "NGOs were trying to reopen the issue of compensation which had been settled with the Union Carbide Corporation (UCC) and the Union of India and that the SC had approved the said settlement." It had argued that adequacy of compensation can't be reopened either.
The SC recorded the admissible compensation scheme under the Rajiv Gandhi government enacted Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, which provided Rs 1-3 lakh for death, Rs 50,000 to Rs 2 lakh for permanent disability, upto Rs 4 lakh for severe injury, upto Rs 20,000 for minor injuries, upto Rs 15,000 for loss of belongings and upto Rs 10,000 for loss of livestock.
Besides opposing the applications, the Centre had told SC that "several false and vexatious claims under death and injury category had been lodged". It also argued that it would not be appropriate for the apex court to express any opinion one way or the other and that the aggrieved victims could move the Welfare Commissioner in Bhopal under the 1985 Act for adequate compensation.
The SC agreed with the Centre and dismissed the applications saying there was a framework available for the aggrieved victims to seek enhancement of compensation, but not without reminding it of the 1991 judgment of the apex court holding Centre liable for pitching in with additional funds if the money paid by UCC was found inadequate.
http://timesofindia.indiatimes.com/india/UPA-I-opposed-increase-in-Bhopal-payout/articleshow/6056538.cmsTwo applications by NGOs - Bhopal Gas Peedith Mahila Udyog Sanghathan (BGPMUS) and Bhopal Gas Peedith Sangharsh Sahayog Samiti (BGPSSS) - were filed before SC seeking "re-examination of the inadequacy of Bhopal Gas Settlement and to direct Union of India to compensate the settlement fund five times the initial fund" among other relief.
The NGOs argued that neither had all eligible victims been identified nor had adequate compensation been paid to them. They alleged that the estimate used to create the settlement fund was based on a conservative figure, and compensation paid to the kin was woefully inadequate.
These groups had asserted that the magnitude of the disaster in terms of death as well as injuries was at least five times larger than what was assumed in 1989. It was then estimated that at least 3,000 people died and 30,000 were injured. The toll now stands at five times the 1989 estimate.
The UPA government had opposed the plea saying it was based on "assumptions, surmises and conjecture and on misreading of the judgments of the Supreme Court".
The Centre had said, "NGOs were trying to reopen the issue of compensation which had been settled with the Union Carbide Corporation (UCC) and the Union of India and that the SC had approved the said settlement." It had argued that adequacy of compensation can't be reopened either.
The SC recorded the admissible compensation scheme under the Rajiv Gandhi government enacted Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, which provided Rs 1-3 lakh for death, Rs 50,000 to Rs 2 lakh for permanent disability, upto Rs 4 lakh for severe injury, upto Rs 20,000 for minor injuries, upto Rs 15,000 for loss of belongings and upto Rs 10,000 for loss of livestock.
Besides opposing the applications, the Centre had told SC that "several false and vexatious claims under death and injury category had been lodged". It also argued that it would not be appropriate for the apex court to express any opinion one way or the other and that the aggrieved victims could move the Welfare Commissioner in Bhopal under the 1985 Act for adequate compensation.
The SC agreed with the Centre and dismissed the applications saying there was a framework available for the aggrieved victims to seek enhancement of compensation, but not without reminding it of the 1991 judgment of the apex court holding Centre liable for pitching in with additional funds if the money paid by UCC was found inadequate.
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