Case: Challenge to the Validity of the Bhopal Gas Disaster (Processing of Claims) Act, 1985

Facts of the Case:

• After the Bhopal Gas leak tragedy, the Government of India passed the Bhopal Gas Disaster (Processing of Claims) Act, 1985.
• The Act aimed to handle and pursue the claims of the victims of the gas leak disaster.

Issue in the Case:

• Can the petitioner successfully challenge the validity of the Bhopal Gas Disaster (Processing of Claims) Act, 1985?

Principle:

• In the case of Charan Lal Sahu Etc. Etc vs Union of India And Ors (1989), the Supreme Court upheld the validity of the Bhopal Gas Disaster (Processing of Claims) Act, 1985.
• The Court considered the enormity of the disaster, the large number of victims, and the complexity of claims against multinational corporations.
• It recognized the need for a special procedure for the victims to ensure effective, speedy, equitable, and advantageous settlement of their claims.
• The differentiation in treatment of the victims was deemed just, fair, and reasonable, given the unique circumstances of the disaster.

Judgment:

• The petitioner cannot successfully challenge the validity of the Bhopal Gas Disaster (Processing of Claims) Act, 1985.
• The Supreme Court, in the case of Charan Lal Sahu, upheld the Act’s validity, considering the exceptional nature of the disaster, the large number of victims, and the complexities involved in pursuing claims against multinational corporations.
• The special procedure provided by the Act was deemed necessary to ensure effective and equitable settlement of the victims’ claims.
• Therefore, the Act was held valid and constitutional, and the petitioner’s challenge is not sustainable.