Lok Sabha Question No. 3223 (UNSTARRED), answered on 2021-12-17
Subject: Summon to International Chemical Company
Ministry: CHEMICALS AND FERTILIZERS
Asked by: Karti P. Chidambaram

## GOVERNMENT OF INDIA MINISTRY OF CHEMICALS & FERTILIZERS DEPARTMENT OF CHEMICALS & PETROCHEMICALS

## LOK SABHA UNSTARRED QUESTION NO. 3223 TO BE ANSWERED ON 17.12.2021

## SUMMON TO INTERNATIONAL CHEMICAL COMPANY

## 3223:   SHRI KARTI P. CHIDAMBARAM:

Will the Minister of CHEMICALS AND FERTILIZERS be pleased to state:

- (a) whether an International Chemicals Company has been found violating the law of  the  land  while  transacting  their  business,  if  so,  the  details  thereof  and  the action taken thereon;
- (b) whether the said company has been issued summons by the Bhopal district court over a period of time for flouting the laws, if so, the details thereof; and
- (c) the concrete action taken by the Government in this regard as per the directions of the Hon'ble court ?

## ANSWER

## MINISTER FOR CHEMICALS AND FERTILIZERS (DR. MANSUKH MANDAVIYA)

- (a) An industrial  disaster occurred in  the  night of 2nd/3rd  December,  1984 when Methyl Iso-cyanate (MIC), a toxic gas stored in two tanks of Union Carbide India Limited (UCIL)'s pesticide unit at Bhopal, leaked into the atmosphere causing loss of human life and injuring a large number of people.

Several suits were filed for compensation and damage in different Courts in India. Looking  at  the  magnitude  of  the  human  suffering  that  occurred  due  to  gas leakage, Hon'ble Supreme Court of India passed a settlement order dated 14th and 15th February, 1989 directing the Union Carbide Corporation to pay a sum of US$ 470 million, which was deposited by the Company with the Registrar of the Supreme Court of India, in 1989. Based on the order of Hon'ble Supreme Court, the compensation as detailed below is awarded to the victims:

## I. Original Compensation

The actual disbursement of the compensation started from 1992 and the Office of the Welfare Commissioner (Bhopal Gas Victims), Bhopal disbursed Rs.1549.33  Crore  as  compensation  in  settled  cases  of  5,74,393  claimants belonging to the categories of death, permanent disability, temporary disability, injury of utmost severity cases, minor injury, loss of property/PSU and loss of livestock till November, 2021.

## II. Pro-rata Compensation

The Supreme Court vide order dated 19th July, 2004, had directed the Welfare Commissioner to disburse  the  balance  amount  of  approximately  Rs.1,500.00 crore,  which  had  accumulated  with  the  Reserve  Bank  of  India  on  account  of accrual of interest and exchange rate variation, on pro-rata basis (in the ratio of 1:1 of Original Compensation) to the claimants whose cases had been settled. The distribution of pro-rata compensation started from November, 2004. A sum of Rs.1517.90 Crore as Pro-rata Compensation has been awarded in 5,63,126 cases till November, 2021.

- (b) & (c) A related case No. MJC 91/1992, CBI v/s Warren Anderson is pending in the  Court  of  Judicial  Magistrate,  Bhopal,  Govt.  of  Madhya  Pradesh.  The Judicial  Magistrate  Court  has  issued  summons  to  `DOW  Chemical Company' on 26.04.2004, 28.02.2014, 04.08.2014, 22.11.2014, 15.09.2015, 22.01.2016, 04.06.2018, 18.09.2018, 23.05.2019 and 13.11.2019 to appear before the Court. Despite number of summons issued to them, no representative from DOW Company appeared before the Court till date.

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