Bhopal Gas Tragedy: SC Issues Notice To Govt As Petitioners Oppose Toxic Waste Disposal In Pithampur

The apex court sought a reply from the Madhya Pradesh government on petitions against toxic waste disposal in Pithampur near Indore.

New Delhi: The Supreme Court on Monday sought a response from the Centre, Madhya Pradesh and state's pollution control board regarding the disposal of hazardous waste of the 1984 Bhopal gas tragedy, which claimed 5,479 lives, near Indore.

The matter was heard by a bench comprising Justices B R Gavai and Augustine George Masih. The bench decided to hear a plea challenging the December 3, 2024 and January 6, 2025, orders of the Madhya Pradesh High Court. The plea was filed through advocate Sarvam Ritam Khare. The plea contended that the petitioner, Chinmay Mishra, was concerned about the decision of the authorities in disposing of 337 tonnes of hazardous chemical waste at Pithampur.

The apex court issued notice to the Centre, the Madhya Pradesh government and the state pollution control board. The bench has scheduled the matter for further hearing after a week. The plea contended that at least four-five villages were situated within a one km radius from the disposal site, and stressed that the life and health of the residents of these villages were at extreme risk. The plea pointed out that the Gambhir River flows beside the facility and caters waters to the Yashwant Sagar Dam, and this dam supplies drinking water for 40 per cent of Indore’s population.

The plea claimed that the authorities have not informed the affected residents of Indore and Dhar districts about the risks or issued health advisories. One of the questions raised by the plea: whether the fundamental right to life under Article 21 of the Constitution, encompassing the right to a clean and healthy environment, is violated by permitting the disposal of hazardous chemical waste in densely populated areas without adequate safety measures?

The hazardous waste of around 377 tonnes of the now defunct Union Carbide factory was shifted to the Pithampur industrial area in Dhar district, 250 km away from Bhopal and around 30 km from Indore. Highly toxic gas methyl isocyanate (MIC) leaked from the Union Carbide factory during the intervening night of December 2-3, 1984, eventually killing 5,479 people and maiming more than five lakh others.

In December, last year, the high court rebuked the authorities for not clearing the Union Carbide site in Bhopal despite directions from even the Supreme Court. The high court had set a four-week deadline to shift the waste.

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