Lok Sabha Question No. 2735 (UNSTARRED), answered on 2015-12-15
Subject: Bhopal Gas Tragedy
Ministry: CHEMICALS AND FERTILIZERS
Asked by: RANGASWAMY DHRUVANARAYANA

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

## LOK SABHA

## Unstarred Question No. 2735

TO BE ANSWERED ON 15 TH  December, 2015

## Bhopal Gas Tragedy

2735. SHRI R. DHRUVA NARAYANA:

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

- (a) whether the Government has acquired the correct figures for revision of data  on  disaster-related  deaths  and  injuries  of  Bhopal  gas  tragedy  from  the agencies concerned, if  so, the details thereof, if not, the reasons therefor;
- (b) whether  the  Indian  Council  of  Medical  Research  has  provided  scientific estimates of casualties on the basis of their research in Bhopal, if so, the details thereof, if not, the reasons therefor; and
- (c) the time by which the Government is likely to revise data presented in the curative petition seeking additional compensation for the survivors of the Bhopal gas tragedy?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF CHEMICALS AND FERTILIZERS (SHRI HANSRAJ GANGARAM AHIR).

- (a) The Office of the Welfare Commissioner, Bhopal Gas Victim, Bhopal set up under  the  Bhopal  Gas  Leak  Disaster  (Processing  of  Claims)  Act,  1985  and  a Scheme thereunder, registers the claims in appropriate category in accordance with the provisions contained in the Bhopal Gas Leak Disaster (Registration and Processing of Claims) Scheme, 1985. After this, based on arguments/documents/evidence  coupled  with  the  hearing,  the  judicial  officer decides  the  case  for  payment  of  compensation/rejection.  Thus,  it  would  be evident  that  the  awards  for  compensation  to  Gas  Victims  were  passed  after following all necessary Judicial process.
- (b) Indian Council of Medical Research  (ICMR)  carried out  Long  term population based epidemiological study on the health due to effects of toxic gas leakage during 1985-1994.   Subsequently, this study was continued under the Centre  for  Rehabilitation  Studies  (CRS),  Government  of  Madhya  Pradesh  from 1995-2010.    The  death  figures  observed  in  the  Epidemiological  study  of ICMR/CRS may not be used for extrapolating the number of deaths in the entire gas exposed population due to the following reasons:
- (i) the  observed  death  rates  have  to  be  discounted  for  background mortality/natural death rate
- (ii) there has been a high attrition in the cohort and loss of follow up
- (iii) compositional differences

(c) A Curative Petition (Civil) No.  345-347 of 2010 was filed by the Government of India against Union Carbide Corporation, USA and others seeking enhancement of compensation earlier settled at US $ 470 million.  The figures mentioned  in  the  curative  petition  are  based  on  the  actual  number  of  cases awarded by the Office of the Welfare Commissioner after due judicial processes. The additional amount of compensation claimed is due to the difference between the  number  of  cases  assumed  by  the  Hon'ble  Supreme  Court  at  the  time  of passing  the  orders  for  settlement  of  US  $  470  million  in  1989  and  the  actual number of cases awarded.

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