Tag: political science

The Bhopal disaster or Bhopal gas tragedy was an industrial accident. It happened at a Union Carbide subsidiary pesticide plant in the city of Bhopal, India. On 3 December 1984, the plant released 42 tonnes of toxic methyl isocyanate (MIC) gas, exposing more than 500,000 people to toxic gases.

Environment Protection Act, 1986 is an Act of the Parliament of India. In the wake of the Bhopal Tragedy, the Government of India enacted the Environment Protection Act of 1986 under Article 253 of the Constitution. Passed in March 1986, it came into force on 19 November 1986. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environments they relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property. The Act is an “umbrella” legislation designed to provide a framework for central government coordination of the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act.

The Union Carbide Corporation, apparently one of the first American companies to invest in India, possessed more than 50% shares in the UCIL. The reckless cost cutting measures of the Union carbide management and the ensuing breach of safety controls, the non compliance to standard operating procedures etc., purely to increase its operational profits, are all widely cited as the cause for this devastation.

When we see someone violating the law, we immediately think of informing the police. After a person is arrested, it is a court of law that decides whether the accused person is guilty or not. According to the Constitution, every individual charged of a crime has to be given a fair trial.

The judge is like an umpire in a game and conducts the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the prosecution and the defense. The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law. If the accused is convicted, then the judge pronounces the sentence. He may send the person to jail or impose a fine or both, depending on what the law prescribes.

In court, it is the Public Prosecutor who represents the interests of the State. The role of the Prosecutor begins once the police has conducted the investigation and filed the charge-sheet in the court. He/she has no role to play in the investigation. The Prosecutor must conduct the prosecution on behalf of the State. As an officer of the court, it is his/ her duty to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.

The Goa Legislative Assembly is the unicameral legislature of the state of Goa in western India. It consists of 40 members in charge of the budget, the Assembly appropriates money for social programs, agricultural development, infrastructure development, etc. It is also responsible for proposing and levying taxes.

Key players of the criminal justice system are as follows:-

Article 21 of the Constitution, that guarantees the Right to Life, states that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure. A fair trial ensures that Article 21 of the Constitution is upheld. The Constitution and the law both state that all of the persons should carry out their roles in a proper manner. What this means is that they all need to work to ensure that every citizen, irrespective of their class, caste, gender, religious and ideological backgrounds gets a fair trial when accused. The rule of law which says that everyone is equal before the law would not make much sense if every citizen were not guaranteed a fair trial by the Constitution.

On March 1985, The Indian Government passed the Bhopal Gas Leak Disaster (Processing of Claims) Act. The act confers certain powers to the Central Government to secure the claims arising out of Bhopal Gas Leak disaster so that the claims should be dealt speedily, effectively, and in equitable manner.