BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN & ORS.versusUNION OF INDIA & ORS.

                . [2012] 12 S.C.R. 947


BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN &                  A
                    ORS.
                            v.
                UNION OF INDIA & ORS.
            (Writ Petition (C) No. 50 of 1998)
                                                             B
                    AUGUST 09, 2012
       [S.H. KAPADIA, CJI., A.K . PATNAIK AND
              SWATANTER KUMAR, JJ.]

      Constitution of India, 1950- Articles 21 and 32 - Bhopal C
gas Leak Disaster - Public Interest Litigation - By victims of
the disaster - Praying for free and proper medical assistance
from the State and for direction to Indian Council of Medical
Research (ICMR) to resume and conduct research studies
which it had undertaken immediately after disaster and had D .
subsequently abandoned - Court directed constitution of two
expert Committees viz. 'Monitoring Committee' and the
'Advisory Committee' - Court also directed creation of Bhopal
Memorial Hospital and Research Centre (BMHRC) and
Bhopal Memorial Hospital Trust (BMHT) for the purposes of E
healthcare of gas victims - In order to ensure smooth running
of BMHT, a corpus was created - As per direction of Union
Government, ICMR established National Institute of Research
in Environment Health, (NIREH) as a permanent research
centre - Monitoring Committee making certain F
recommendations proposing that further power be vested in
it for improving the quality of medical care to gas victims -
Management and corpus of BMHT transferred to Union
Government - Thereafter certain Interlocutory applications
were filed seeking certain directions and making certain
suggestions - Held: In terms of Article 21, all the gas victims G
are entitled to greater extent of multi-dimensional health care,
as their sufferings are not attributable to them - In addition to
the directions already issued by this Court, certain further
                            947                               H
    948       SUPREME COURT REPORTS                (2012] 12 S.C.R.


A directions issued in relation to better co-ordination between
  the functioning of the authorities, issuance of 'Health Booklets'
  and 'Smart Cards' to the gas victims, computerization of
  medical records of hospitals, taking over of corpus of BMHT,
  management of the Trust and certain matters where State
B Government failed to effectively accept the recommendations
  of the Committees - There is no justification for expanding
  the scope of functioning of the Monitoring Committee or
  bringing the private hospitals/clinics within its jurisdiction - It
  is directed that all the matters covered under Se,?edule I to
C NGT Act after coming into force of the Acflshall stand
  transferred and can be instituted only before Nat~nal Green
  Tribunal - Since the present case does not involve any
  complex or other environmental issues and pqmarily requires
  administrative supervision for proper execution of the. orders
D of the court, it is transferred to High Court instead' of the
  Tribunal - Supervisory jurisdiction to be exercised by the High
  Court to better serve the ends of justice - National Green
  Tribunal Act, 2010 - ss.14, 29, 30, 38(5) and schedule I -
  Environmental Law.

E       CIVIL ORIGINAL JURISDICTION : Writ Petition No. 50 of
    1998.

          Under Article 32 of the Constitution of India.
                                    WITH
F   I.A. Nos. 62-63 of 2011
                                      IN
          C.A. Nos. 3187-88 of 1988

G       Sanjay Parikh, Aagney Sail, Mamta Saxena, A.N. Singh,
    Bushra Parveen, Naveen R. Nath, Karuna Nundy, Anupam Lal
    Das for the Petitioners.

        Mohan Parasaran, ASG, Vijay Hansaria, Raju
    Ramac~andran, S.W.A. Qadri, Rekha Pandey, Sunita Sharma,
H
 BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN v. 949
                UNION OF INDIA
M. Khairati, D.S. Mahra, Anil Katiyar, B. Krishna Prasad, C.D.      A
Singh, Sunny Choudhary, Abhimanyu, Ayusha Kumar, Madhu
Sikri, Rishi S. Chandra Shekhar for the Respondents.

     The Order of the Court was delivered by

      SWATANTER KUMAR, J. 1. Unlike natural calamities B
 that are beyond human control, avoidable disasters resulting
 from human error/negligence prove more tragic and completely
 imbalance the inter-generational equity and cause irretrievable
 damage to the health and environment for generations to come.
 Such tragedy may occur from pure negligence, contributory C
 negligence or even failure to take necessary precautions in
 carrying on certain industrial activities. More often than not, the
 affected parties have to face avoidable damage and adversity
 that results from such disasters. The magnitude and extent of
 adverse impact on the financial soundness, social health and D
 upbringing of younger generation, including progenies, may
 have been beyond human expectations. In such situations and
 where the Jaws are silent or are inadequate, the courts have
 unexceptionally stepped in to bridge the gaps, to provide for
 appropriate directions and guidelines to ensure that E
 fundamentals of Article 21 of the Constitution of India (for short
 "the Constitution") are not violated.

     2. The Bhopal Gas Tragedy is a glaring example of such
 imbalances and adverse impacts, where by court's intervention,
 poor and destitute have been provided relief and rehabilitation.   F

       3. The Bhopal Gas Leak Disaster occurred on the
  intervening night of the 2nd/3rd of December, 1984. Data
  reflecting the exact number of affected persons was not
  available initially. Earlier, it was felt that only a small number G
  of persons were adversely affected in terms of health or
  otherwise by the leakage of toxic gases from the Union Carbide
· Unit at Bhopal. However, the Scientific Commission for
  Continuing Studies on Effects of Bhopal Gas Leakage on Life
  Systems (for short the 'Scientific Commission') released a H
    950     SUPREME COURT REPORTS                [2012] 12 S.C.R.


A Report titled 'The Bhopal Gas Disaster: Effects on Life
  Systems' in July, 1987 which suggested otherwise. This Report
  stated that for the estimated population of 2,00,000 exposed
  to the toxic gases in the severely and moderately affected areas
  of Bhopal and the variety of long-term problems anticipated in
B the crisis period, the number of exposees covered so far by
  the Indian Council of Medical Research (for short the 'ICMR')
  through the epidemiological surveys constitute less than 20 per
  cent of the population. With the passage of time, this figure of
  the affected population has swollen to nearly 5,00,000. By the
C same Scientific Commission, it was also found that in general,
  the output of the epidemiological project so far had not equalled
  the magnitude of the tasks assigned to them, presumably due
  to lack of resources, trained staff as well as physical inputs. An
  opportunity for mounting such a massive long-term longitudinal
  study on a population exposed to a one-time acute chemical
D stress may not present itself again and hence it would be a pity
  if that opportunity was missed. Various steps were
  recommended by the Scientific Commission, from time to time,
  to tackle the two main aspects of this disaster. Firstly, health
  care of the affected victims and secondly, research work with
E the object to deal with the acute problems arising from this
  disaster on the one hand and to suggest preventive steps on
  the other.

         4. Writ Petition (Civil) No. 50 of 1998 was filed by the
F Bhopal Gas Peedith Mahila Udyog Sanghathan as a public
   interest litigation under Article 32 of the Constitution. This
 · petition was founded on the rights available to the victims of
   the Bhopal Gas Disaster under Article 21 of the Constitution
   and it was prayed that they were entitled to receive free and
G proper medical assistance from the respondents, the Union of
   India and the State of Madhya Pradesh. It was also prayed that
   the respondents be directed to take effective steps in that
   regard which inter alia included providing of free medicines and
   preparing a detailed plan of medical rehabilitation that ensured
H the availability of basic medical facilities to the gas victims.
BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN v. 951
     UNION OF INDIA [SWATANTER KUMAR, J.)
Lastly, it was also prayed that the ICMR be directed to resume A
and conduct research studies and to make public the reports
published by it so as to provide the basic ground for issuance
of appropriate directions by this .Court.

      5. This Court has been passing various directions right B
from the filing of this petition and has directed certain effective
and positive steps to be taken by the Union" of India as well as
the State of Madhya Pradesh to ensure providing of
appropriate medical treatment to the gas victims. It is no use
referring to the different orders passed by this Court from time C
to time in detail. However, we will be referring to some of the
important orders in brief which have a bearing on the issue now
pending before this Court and for passing of the final directions.

     6. To begin with', the ICMR had undertaken certain
research works immediately after the Bhopal Disaster and             D
appropriate steps had been taken, as claimed by the State and
the Central Government, to deal with the medical problems of
the gas victims. However, it appears from the record and has
been averred before us that after 1994, the ICMR allegedly took
an irrational decision to disband all Bhopal Gas Disaster            E
related medical research. This abandoning of research work
has been seriously criticised in the present petition. Certain
appeals had been fi!ed against the order of the High Court of
Madhya Pradesh which came to be registered as Civil Appeal
Nos. 3187-3188 of 1988, which were subsequently clubbed              F
with Writ Petition (Civil) No. 50 of 1998. I.A. Nos. 32-35, 36-
37 in Civil Appeal Nos. 3187-3188 of ~988 titled "Union
Carbide Corporation Ltd. v. Union of India" were filed for
seeking different directions, upon which and vide order dated
15th May, 1988, this Court directed creation of the Bhopal           G
Memorial Hospital and Research Centre (for s1¥>rt 'BMHRC')
and the Bhopal Memorial Hospital Trust (for st«>rt 'BMHT/the
Trust') which was constituted for the purposes of healthcare of
the affected gas victims. This hospital initially was to run for a
period of eight years which term was extended from time to           H
    952           SUPREME COURT REPORTS            [2012) 12 S.C.R.

A   time and then finally, vide order dated 2nd May, 2006, the term
    was extended till completion of its object. Further, vide order
    dated 17th July, 2007, this Court also sought report from the
    ICMR on various toxic effects of the leaked gas.

B        7. This Court also, by order dated 17th September, 2004
    passed in Writ Petition (Civil) No. 50 of 1998, ordered the
    constitution of two expert committees being the 'Monitoring
    Committee' and the 'Advisory Committee'. The latter was
    formed by ICMR under the Chairmanship of Director General
    of ICMR and its terms of reference were as follows:
c
          "(i)     To examine the treatment practices currently
                   followed by medical personnel in the hospitals/
                   clinics run by the Government for the Bhopal Gas
                   victims for the various ailments suffered by them.
D
          (ii)     To recommend/advise on the appropriate line of
                   treatment to be offered to the Bhopal gas victims.
          (iii)    To recommend/advise on the structure and content
                   of the research to be undertaken in order to
E                  improve the quality of the treatment being offered
                   to the Bhopal Gas victims."

       8. The Advisory Committee has been submitting its reports
  from time to time and it was assured by the State Government
F that the said Committee will be provided with all facilities and
  technical inputs. Then, the ICMR conducted its research
  investig11tion in the form of 24 major research projects ranging
  from epidemiology to molecular biology implemented by 15
  National Institutes. Vide letter dated 17th February, 2004, from
G the Director General of ICMR to the Government of Madhya
  Pradesh it was indicated that with respect to future needs for
  research, ICMR would facilitate the Madhya Pradesh State
  Government by constituting a Committee of experts which would
  look into the work carried out between 1985 to 1994 a~ well
H as the subsequent research by the Centre for Rehabilitation
                                                          !
BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN v. 953
     UNION OF INDIA [SWATANTER KUMAR, J.]
Studies under the Bhopal Gas Tragedy Relief and                     A
Rehabilitation Department (for short, the 'BGTRRD'), Bhopal
from 1995 till date, so as to provide guidelines for future
research. On 24th June, 2010, the Union Cabinet passed a
resolution directing the ICMR to establish a new permanent
research centre at Bhopal which was done on 11th October,           B
2010, namely, the National Institute of Research in Environment
Health (for short the 'NIREH'). The research work is being
continued by the ICMR, while it submits its report to this Court
from time to time. The vision document was duly prepared by
the NIREH.                                                          C
     9. In the background of this vision document, it is stated
that after the Methyl Isocyanate (MIC) gas episode at Bhopal,
various research programmes were conducted by the ICMR to
monitor the research programme and also to undertake long
term epidemiological studies to record the morbidity and            D
mortality of the cohort of gas exposed and control population.
     10. In order to ensure smooth running of the BMHT, a
corpus had been created which was provided with funds and
contributions that were invested from time to time and the total    E
corpus, as of now, constitutes Rs. 436.47 crores. Out of this
amount, Rs.226.61 crores has been invested in RBI Bonds in
Banks, Rs. 196.54 crores in FDRs in Banks, Rs.11.65 crores
in the short term deposits in Flexi/Quantum in Banks and
Rs.1.67 crores is the bank balance.                                 F
     11. During the pendency of this petition, various directions
had been passed by this Court to ensure smooth working of
the Trust in both the fields of health care and research work.
We may refer to some significant orders passed by this Court.
                                                                    G
     12. The surveys conducted by the ICMR, including jhe
epidemiological survey in 1994, showed multi-organ symptoms
amongst the persons exposed and there was tremendous
increase in symptoms exhibited by the affected persons. There
was even shortage of medicines and various representations          H
   954      SUPREME COURT REPORTS               (2012) 12 S.C.R.


A were made requesting improvement thereof.              V i d e
  order dated 17th September, 2004, the Court had spelt out the
  terms and conditions for the Monitoring Committee and the
  Advisory Committee. It related to procedural matters,
  functioning and terms of reference of the respective
B Committees. The paramount functions of the Monitoring
  Committee were to monitor suitability, availability and
  maintenance of medical equipments, deployment of adequate
  and competent medical personnel, more specifically the
  treatment offered at the hospitals and the functioning of these
c hospitals run by the Government for the Bhopal Gas victims,
  purchase and availability of medicines to the affected persons
  etc. Similarly, the Advisory Committee, while determining its
  own rules of procedure, was to examine the treatment practices
  currently followed by the medical personnel in the hospitals run
  by the Government for these victims in relation to various
0
  ailments suffered by them. Further, this Committee was to
  recommend and advice on the appropriate line of treatment to
  be offered to the Bhopal gas victims. It was further to
  recommend and advise on the kind of medical equipments and
  medicines required to be procured to improve the quality of
E treatment being offered to the victims as well as to initiate and
  recommend community health initiatives in health education and
  community participation for prevention and care.

       13. Then vide order dated 17th July, 2007, the Court
F directed the State of Madhya Pradesh to take necessary steps
  for computerising the records of the hospital so that the details
  of the patients and/or their ailments were made permanent
  record to ensure their proper treatment in future. One of the
  factors which invited the attention of the Court at that time was
G that the patients who were not the victims of the gas tragedy
  had also started coming to the hospital, which led to passing
  of an order wherein the Court required the Monitoring
  Committee to submit a report if the treatment facilities afforded
  to such patients were adversely affecting the treatment of the
H gas victims.                                                  1
BHOPAL GAS PEEDITH MAHI LA UDYOG SANGATHAN v. 955
     UNION OF INDIA [SWATANTER KUMAR, J.)

     14. Various reports were submitted by the two Committees A
afore-mentioned which were considered from time to time by
this Court. Vide order dated 15th November, 2007, the Court
had called upon the State of Madhya Pradesh to provide
answers to the questions which were raised by the Monitoring
Committee which was overseeing the functions of the hospital B
and the research work. Report was also sought from the ICMR
on various toxic effects of the gas.

      15. Thereafter, because of certain events, the Chairman
of BMHT resigned. The co-ordination and smooth functioning C
of these units was found to be lacking and many applications
in this regard were filed before the Court. As already noticed,
the Court had directed setting up of a hospital for treatment of
Bhopal Gas victims vide its order dated 15th May, 1988 in
furtherance to which the hospital was established and even the
Trust was registered on 11th August, 1988. There existed D
uncertainty in the decision making process. The Attorney
General for India made a statement that the Union of India had
decided to take over the BMHRC and run it through Department
of Biotechnology and Department of Automic Energy. In
furtherance to this statement, the Court disposed of I.A. No. 58- E
59 of 2009 and vide its order dated 19th July, 2010, the Court
directed the Central Government to take steps for winding up
the Trust and taking over the management of the hospital.

      16. Thereafter, certain IAs came to be filed before this F
Court. In these IAs, different parties had prayed for issuance
of different directions in relation to the working, management
and control of BMHRC. IA Nos.62-63 of 2011 in Civil Appeal
Nos.3167-3188of1988 have been filed with the prayer that the
Union of India be directed to take charge of the corpus funds G
of the erstwhile BMHT through its Department of Biotechnology
and Department of Atomic Energy and transfer the accounts
of BMHT to the new management. It was also prayed that the
management of the erstwhile BMHT be relieved of all its
responsibilities pertaining to management of the corpus and H
    956      SUPREME COURT REPORTS                  [2012] 12 S.C.R.

A   new authorised signatories be appointed for its accounts. One
    of the petitioners in the main petition filed an application being
    IA No. 14 of 2012, primarily relying upon the letter written by
    Dr. Sathyamala, (Member, Advisory Committee) to Dr. P.M.
    Bhargava, (Member, Advisory Committee and Chairperson of
8   the Task Force). It was prayed that the same be taken on
    record and the Advisory Committee be directed to submit
    minutes of its meetings dated 13th August, 2009, 22nd
    September, 2010 and 10th December, 2011. Petitioner Nos.1
    and 3 have filed IA No.16 of 2012 wherein they have prayed
C   for issuance of certain directions. In this application, it has been
    stated that the Monitoring Committee in its reports dated 10th
    June, 2005, 31st October, 2005, 12th July, 2006, 20th
    December 2006, 7th August, 2007 and 27th May, 2008 have
    consistently recommended computerization of the hospital
D   records and issuance of 'health booklets' to the gas victims. It
    is averred that recommendations of the Advisory Committee
    have not been complied with by the State Government, the
    ICMR and even the Union of India. They have also made a
    suggestion for issuance of 'smart cards' to the gas affected
    victims besides issuance of proper health booklets. The
E   NIREH, as established by the ICMR, though was a welcome
    step, according to these applicants much is desired of the
    functioning of NIREH. The allegation is that the decision
    makers at the ICMR are doing everything on their part to ensure
    that the crucial issues affecting the life and health of the gas
F   victims remain unaddressed at a macro level. All the
    concentration presently is on building the infrastructure for the
    NIREH. On this premise, the applicants have prayed that the
    orders of the Court should be complied with by the State of
    Madhya Pradesh as well as the ICMR for issuance of 'health
G   booklets' and 'smart cards' to the affected persons. They also
    prayed for adoption of a common referral system among
    various medical units under BMHRC and under the BGTRRD
    so that the gas victims are referred to the appropriate centres
    for proper diagnosis, investigation and treatment in terms of the
H   nature and degree of injury suffered by each one of them and
  BHOPAL GAS PEEDITH MAHI LA UDYOG SANGATHAN v. 957
       UNION OF INDIA [SWATANTER KUMAR, J.]
 also in terms of therapeutic requirements. They also prayed            A
 that NIREH be directed to set up completely computerized and
 centrally networked Central Registry, to maintain proper
 medical records of all gas victims, to streamline and intensify
 epidemiological studies among the gas-affected population and
 to prepare treatment protocol for treating each category of            B
 ailment that the gas victims are suffering, such as respiratory
 diseases, eye-related diseases, gastro-intestinal diseases,
 neurological diseases, renal failure, urological problems,
 gynaecological problems. mental disorders, etc.

      17. In other IAs/ replies filed on behalf of different parties,   C
 it has been pointed out that the Monitoring Committee should
 have the jurisdiction over all hospitals, including non-
 governmental hospitals and clinics in Bhopal. They should also
 be vested with powers of recommending penal action against
 the persons who are found to be defaulting in carrying out the         D
 appropriate treatment or following the directions of the
 Monitoring Committee from time to time. It has also been
 prayed that the research work could be carried out by private
 laboratories or private research units besides the research
 work being carried on by the ICMR and/or its established unit.         E
 It was also brought out from the record before the Court that
 there is no co-ordination between the various functionaries
 dealing with this tragedy and, in fact, the views of the Advisory
 Committee are not given due weightage by the implementing
 agencies, thereby adding to the suffering and agony of the             F
 affected parties.
       18. No doubt, the BMHT was established for providing
  medical treatment and care to the gas victims. Both the
  Monitoring Committee and the Advisory Committee, appointed            G
  by this Court, had different earmarked areas of their respective
, operation, though their aim was common. The Advisory
  Committee was required to advise as per its expertise on
  matters which the implementing agencies, i.e .. the Trust as well
  as the State Government, were expected to perform. On the             H
  other hand, the Monitoring Committee was required to oversee
    958      SUPREME COURT REPORTS                (2012] 12 S.C.R.


A the functioning of the research work as well as the timely
  providing of medical care and treatment to the gas affected
  victims. Functions of each of these bodies were sufficiently and
  unambiguously spelt out in different orders of this Court. After
  submission of the reports by the respective Committees, this
B Court had also passed various directions for the better and
  improved performance of these units, so as to ensure better
  medical care and requisite treatment to the gas victims.

        19. As we have already noticed, with the passage of time
C this disaster has attained wider dimensions and greater
  concerns, which require discharge of higher responsibilities by
  all the agencies. In terms of Article 21 of the Constitution, all
  the gas victims are entitled to greater extent of multi-
  dimensional health care, as their sufferings are in no way,
  directly or indirectly, attributable to them. It was, primarily and
0
  undoubtedly, the negligence on the part of the Union Carbide
  Ltd. that resulted in leakage of the MIC gas, causing irreversible
  damage to the health of not only the persons affected but even
  the children who were still to be born.

E      20. The first and foremost question that arises for
  consideration of this Court is as to whether this matter should
  be kept pending before this Court or should it be transferred
  to an appropriate forum, including the High Court, for a more
  effective and purposeful management of these institutions and
F to ensure that they satisfactorily serve the purpose of 'public
  service and benefit' for which they have been constituted.
  Various applications filed before this Court and reports
  submitted by the Committees, as afore-referred, are to provide
  requisite help to the gas victims, as it is not possible for the
G poor victims to approach this Court for issuance of appropriate
  directions from time to time. This Court has already ordered
  providing of basic requirements and constitution of Advisory
  Committee and the Monitoring Committee. While the
  management of BMHT was taken over by the Union of India,
H through Ministry of Health and Family Welfare, the hospital was
BHOPAL GAS PEEDITH MAHI LA UDYOG SANGATHAN v. 959
     UNION OF INDIA [SWATANTER KUMAR, J.]

to run under the direct control of Department of Bio-Technology        A
and Department of Atomic Energy and subsequently, the
hospital was also placed under the control of the Ministry.

      21. In our considered opinion, it will be appropriate that
day-to-day directions are passed by a jurisdictional High Court.       B
Such Court would be in a better position to appreciate the
requirements of the gas affected victims as well as to exercise
better control over the functioning of the said Committees and
organizations. Such direct control would improve the
functioning of these units and their inter and intra co-ordination     C
resulting in better mutual performance. Therefore, we consider
it not only desirable but also in the interest of all concerned that
this matter should henceforth be dealt with by the High Court
of Madhya Pradesh, Bench at Jabalpur.

      22. In addition to the directions issued by this Court from      D
time to time, it is also necessary for this Court to pass some
further directions to provide clarity and precision and also to
ensure effective implementation of the various orders which
shall remain an integral part of this wide scheme sought to be
enforced for the betterment of the gas victims. As far as the          E
argument that there should be privatization of the research work
and the Monitoring Committee should be empowered to have
control over all hospitals where the gas victims may go for
treatment, including private hospitals and clinics of Bhopal is
concerned, the same is without any substance. We are of the            F
considered opinion that it would neither serve the ends of justice
nor the interest of the gas victims. On the contrary, there would
be multi-differential research without any substantive result.
Furthermore, the Monitoring Committee has been constituted
by this Court vide its order dated 17th September, 2004, with          G
a definite object and specifically assigned functions and terms
of reference. There is no justification, much less any need, for
expanding the scope of its functioning or bringing the private
hospitals/clinics within the jurisdiction of this Empowered
Monitoring Committee. Both these prayers, thus, need to be             H
    960         SUPREME COURT REPORTS               [2012] 12 S.C.R.

A declined, which we do hereby decline.

       23. Certainly, there are certain other matters which require
  attention of this Court. Matters in relation to better co-ordination
  between the functioning of the authorities, issuance of 'Health
  Booklets' and 'Smart Cards' to the gas victims, computerization
8
  of medical records of the hospitals, taking over of corpus of the
  BMHT, management of the Trust and certain matters where the
  State of Madhya Pradesh has failed to effectively accept the
  recommendations of the Committees, are some of the matters
  where we would have to issue certain further directions. From
C the record before us, it appears that the meeting of the
  Monitoring Committee was held on 29th March, 2011. In this
  meeting, the Committee proposed that further powers be
  vested in it for improving the quality of medical care available
  to the Bhopal gas victims. The proposal of the Committee
D reads as under:

          "The Monitoring Committee for Medical Rehabilitation of
          Bhopal Gas Victims proposes to have the following
          powers to be vested upon it by the Hon'ble Supreme Court
E         for improving the quality of medical care available to the
          Bhopal Gas Victims.

           1.    Powers to take up matters on the basis of
                 complaints made by any individual gas victim or
                 representatives of organization of gas victims. Such
F                complaints may be against any individual official of
                 the department of Bhopal Gas Tragedy Relief and
                 Rehabilitation or any employee in the hospital and
                 other health care centers meant for medical care
                 of gas victims or employed by any agency that is
G                working under the Department of Bhopal Gas
                 Tragedy Relief and Rehabilitation.

           2.    Powers to direct the concerned department of the
                 State government to ensure facilities such as
H                sufficient office space with furniture and furnishings,
BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN v. 961
     UNION OF INDIA [SWATANTER KUMAR, J.]

         office staff including one secretary and one doctor       A
         to act as coordinating officer and one each of Hindi
         and English stenographer-cum-typist and one peon
         and for transportation of members one vehicle with
         seating capacity for at least five persons.
                                                                   B
    3.   There should be provision of payment of
         honorarium to members of the committee and also
         to other persons who are assigned some specific
         job by the Committee. It is proposed that Rs.
         1,000/- per meeting or hospital inspection may be
         granted.
                                                                   c
    4.   Powers in respect of the following matters namely:-

         (i)     Requisitioning any official document or
                 inspect any official records that the             D
                 Monitoring Committee finds relevant.

         (ii)    To ask concern institutions and/or officers for
                 their examination and record their view.

         (iii)   This Committee should have the facilities of E
                 collection of sample of medicine etc as may
                 be required from time to time for detailed
                 examination for this drug controller may be
                 requested for these. Collection samples of
                 medicines, food and other items that may be F
                 necessary for assessment of quality of
                 medical care provided at the health care
                 facility. Drug controller may be requested to
                 depute drug inspector for collecting sample
                 etc. to complete the process of inquiry G
                 wherever it may be necessary.

    5.   Powers to recommend penal action against any
         officer who without any reasonable cause has failed
         to implement the recommendations of the
                                                                   H
    962         SUPREME COURT REPORTS               [2012] 12 S.C.R.


A                Monitoring Committee within the time limit
                 prescribed.

           6.     Powers to award studies to selected agencies {that
                  could include non-government agencies) is may be
                  required from time to time for proper assessment
B
                  of the quality of care provided at different health
                  care facilities within the jurisdiction of the
                  Monitoring Committee.

           7.     Powers to engage the services of experts in
c                 different fields for assessment of quality of care for
                  implementations of recommendations made by the
                  Monitoring Committee.

           8.     Powers to call for public hearing for recording and
D                 redress of grievances and creating awareness
                  about the activities of the Monitoring Committee
                  among the Bhopal Victims.

          The Monitoring Committee for Medical Rehabilitation of
          Bhopal Gas Victims shall have jurisdiction over all the
E         hospitals, clinic, day care centres and other health care
          units and centers meant for the medical rehabilitation of
          the Bhopal Gas Victims including those run by the
          Department of Bhopal Gas Tragedy Relief and
          Rehabilitation.
F
          The foregoing power and functions of the Authority shall
          be subject to the supervision and control of the Hon'ble
          Supreme Court.

          The direction of the Hon'ble Supreme Court dated
G         10.01.2011 would be taken into consideration by the
          Monitoring Committee."

       24. These recommendations of the Monitoring Committee
  have been answered by the State by filing an independent reply.
H In this reply, it has been stated that the recommendation with
BHOPAL GAS PEEDITH MAHI LA UDYOG SANGATHAN v. 963
     UNION OF INDIA [SWATANTER KUMAR, J.)

regard to jurisdiction over all hospitals and clinics is contrary       A
to the terms of the order of this Court dated 17th September,
2004. The power to receive complaints from the affected
parties has already been permitted. The Monitoring Committee
is also empowered to conduct hearing and collect evidence by
requisitioning of the records and examination of the officers           B
from various departments and the hospital. The State also has
no objection to the Committee collecting the samples of
medicines in accordance with the provisions of the Drug and
Cosmetics Act, 1940 and the Drug and Cosmetics Rules,
1945. It is also the stand of the State Government that they            c
have implemented most of the directions issued by the
Monitoring Committee.

     25. Another aspect that has been brought to the notice of
this Court is that adequate space for office of the Monitoring
Committee is not available. This makes it difficult for the public      D
to gain accessibility to the small space that has been provided
by the State to the said Committee. This is hampering its
functioning in accordance with the orders of this Court.

    26. It is commonly conceded before us that the corpus               E
money stands completely transferred to the Ministry of Health
and Family Welfare, Department of Health Research (for short
'DHR') and they have also taken over the management of
BMHRC.

      27. Thus, it is necessary for us to deal with the various         F
prayers made in the above application and the background
leading to the filing of such application in its correct perspective.
We have to take a balanced approach which would further the
cause of accurate research and better medical care in favour
of the gas victims. The Union of India has already passed a             G
resolution directing the ICMR to establish a permanent
research centre at Bhopal which, as already noticed, has
already been established in the name of NIREH. This itself is
sufficiently indicative of the intent of the Government of India to
provide and procure necessary machinery for research related            H
    964     SUPREME COURT REPORTS               [2012] 12 S.C.R.

A works as well as to further the process of getting much needed
  scientific manpower and research, which can contribute in
  research activities relating to gas affected persons.

       28. The Advisory Committee is performing its advisory
B function continuously. Definite replies had been filed on behalf
  of the State of Madhya Pradesh and the Government of India
  ensuring their full cooperation and complete implementation of
  the recommendations of these Committees, so as to provide
  adequate medical facilities to the affected persons and the
  completion of the research work.
c
       29. As already noticed, suggestions made by the
  Monitoring Committee in its Report dated 29th March, 2011
  have been broadly accepted by the State of Madhya Pradesh,
  except for two of such proposals. The reservation of the State
D Government on the issue of assistance of non-governmental
  organisation and experts from outside in assessing the quality
  of care and research work, appears to be for valid and good
  reasons. We wish to make it clear that the recommendations
  of the Empowered Monitoring Committee, as afore-mentioned,
E shall not be deemed to have been accepted by this Court,
  except where directions in that behalf have been specifically
  passed by this Court in the operative part of this order.

        30. Vide letter dated 12th April, 2012, the ICMR while
  making a reference to the order of this Court dated 19th July,
F 2010 had informed that the administrative control of BMHRC,
  after winding up of BMHT, had been transferred to the OHR,
  Ministry of Health and Family Welfare, Government of India and
  all other matters, including administrative, financial and legal,
  pertaining to BMHRC would be dealt with by the OHR. All
G documents were also admitted to have been transferred, except
  the corpus of the Trust. It was suggested that the Corpus of
  BMHT with accumulated interest along with original documents/
  receipts be transferred to the Secretary, DHR-cum-DG, ICMR
  and it was also stated that BMHT had been wound up as per
H the directions of this Court with effect from 19th July, 2010..
BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN v. 965
     UNION OF INDIA [SWATANTER KUMAR, J.]
     31. The BMHT had been constituted under the Deed of A
Trust dated 11th August, 1998. Since then, it had carried on
its activities under the guidance of the Monitoring Committee,
the Advisory Committee and as per the orders of this Court.
The BMHT was to remain irrevocable for all times and the Trust
Deed was to be construed and have effect in accordance with B
the Indian laws as per the terms and conditions of the Trust.
     32. In terms of the clauses of this Deed, initially the Trust
was to stand possessed of the Trust property and income
thereof. This possession was to remain both during and after
termination of the said period of eight years for the purposes         c
and objects stated therein, which primarily were related to
providing for infrastructure of the hospital and grant of medical
aid to the poor, without distinction of race, caste or creed to
the gas affected victims.
     33. The accounts of the Trust had been audited and the D
chartered accountants submitted their Report dated 15th July,
2011 pointing out no irregularity or objections to the accounts
of BMHT. This Report was submitted to the Members of the
Governing Body of the BMHT. In the opinion of the Chartered
Accountants, the balance sheet of the state of affairs of BMHT E
upto 19th July, 2010 along with accounts giving the required
information, gave the true and fair view and was in complete
conformity with the accounting principles generally accepted in
India. Similar remarks have been made in regard to the Income
and Expenditure Account wherein an excess of income over F
expenditure can be seen for the said period.
      34. It would still be in the interest of BMHT itself, particularly
when the management and the corpus of the BMHT have been
 transferred to the Union of India that the Government agency, G
 besides regularly inspecting the accounts of the BMHT, also
 gave their final report for the period ending July 2010. The
Auditor General of the State of Madhya Pradesh would be the
 appropriate authority to inspect the accounts of the BMHT
·regularly even when the management and corpus thereof is
 transferred to the Union of India.                                      H
    966        SUPREME COURT REPORTS               [2012] 12 S.C.R.


A        35. Having r.oticed in detail the factual aspect of this case,
    the suggestions made by various applicants, recommendations
    of the expert bodies and keeping in mind the very object for
    which the present Public Interest Litigation was instituted, we
    are of the considered view that issuance of certain specific
B   directions are inevitably called for. These orders would be to
    ensure proper progress and implementation of the 'Relief and
    Rehabilitation programme' for the penurious gas victims as well
    as to ensure that the research work is result-oriented and
    continued with exactitude. We make it clear that these
C   directions shall be in aid of the various orders passed by this
    Court from time to time in the present petition and not in
    derogation thereto. In other words, all orders passed by this
    Court with specific reference to the orders mentioned above,
    shall be read mutatis mutandis to these directions and shall
D   remain in force. The orders-cum-directions are:

          1)    This Public Interest Litigation (Writ Petition (Civil)
                No.50 of 1998) shall stand transferred to the
                jurisdictional Bench of Madhya Pradesh High Court
E
                for better and effective control in this case. All
                applications filed henceforth shall be dealt with and
                disposed of by the concerned Bench of the High
                Court, in line with the various orders passed by this
                Court, so as to ensure proper functioning of the
F
                'Relief and Rehabilitation Programme', working of
                the expert bodies and utmost medical care and
                treatment to the gas victims.

G         2)    We request the Chief Justice of the Madhya
                Pradesh High Court to ensure that the case is dealt
                with by a Bench presided over by the Chief Justice
                himself or a Bench presided over by the senior
                most Judge of that Court or any other appropriate
H               Bench in accordance with the High Court Rules of
BHOPAL GAS PEEDITH MAHI LA UDYOG SANGATHAN v. 967
     UNION OF INDIA [SWATANTER KUMAR, J.]

         that Court or any special legislation governing the     A
         subject in that behalf.

    3)   Since the space already provided appears to be
         insufficient, the State of Madhya Pradesh is hereby
         directed to ensure provision of proper and adequate
                                                                 8
         office space for the Monitoring Committee and the
         Advisory Committee, to perform their functions
         effectively. The space so provided should be
         accessible to public so that the gas victims can
         conveniently approach the Monitoring Committee
         for redressal of their grievances and difficulties.     C

    4)   We also direct the State Government to provide
         proper infrastructure to the Committees in the
         independent office space provided to it. The
         members would also be entitled to receive               D
         Rs.1,000/- honorarium for each effective meeting.
         However, no honorarium shall be payable on a day
         when the meeting is adjourned or no effective
         business is performed in the meeting of the
         Committee.            ·                                 E

    5)   The Monitoring Committee has already been
         authorised and it is hereby clarified that it would
         hear the complaints and, if necessary, can even call
         for the records from the concerned hospital or
         department, record the statements of Government         F
         servants or employees of the hospital and make its
         recommendations to the Government for taking
         appropriate steps. If no action is taken by the State
         Government even upon a reminder thereof, the
         Committee would be well within its jurisdiction to      G
         approach the High Court for appropriate directions.
         We make it clear that the Empowered Monitoring
         Committee shall have no penal jurisdiction. It shall
         discharge its functions strictly within the framework
         of the powers vested and functions awarded to it        H
    968        SUPREME COURT REPORTS             [2012] 12 S.C.R.


A               under the orders of this Court. Such suggestions of
                the Monitoring Committee shall be primarily
                recommendatory and reformative in their nature and
                content.

          6)    The Empowered Monitoring Committee shall have
B
                complete jurisdiction to oversee the proper
                functioning of the hospital, i.e., BMHRC as well as
                other Government hospitals dealing with the gas
                victims. This jurisdiction shall be limited to the
                problems relateable to the gas victims and/or the
c               problems arising directly from the incident or even
                the problems allied thereto. We make it clear that
                the Empowered Monitoring Committee shall have
                no jurisdiction over the private hospitals, nursing
                homes and clinics in Bhopal. However, it does not
D               absolve the State of Madhya Pradesh and the
                Medical Council of India from discharging its
                responsibilities towards the gas victims who are
                being treated in private hospitals, nursing homes or
                clinics. We do expect these authorities to hear the
E               grievances of the 'complainants as well as to ensure
                maintenance of due standards of treatment in these
                hospitals, nursing homes or clinics.

          7)    We direct the ICMR as well as NIREH to ensure that
F               the research work is carried on with exactitude and
                expeditiousness and further to ensure
                disbursement of its complete benefit to the gas
                victims. We do not permit the research work to be
                carried out by any private/non-governmental
                institution, except the ICMR and NIREH.
G
          8)    The Government of India has already resolved to
                establish the NIREH and carry on the research
                work, for which it has been provided due
                infrastructure. Thus, we see no reason why the
H               research work should not progress at the requisite
BHOPAL GAS PEEDITH MAHI LA UDYOG SANGATHAN v. 969
     UNION OF INDIA [SWATANTER KUMAR, J.]

          pace in all fields while providing benefits for proper    A
          care and treatment of patients in the various
          hospitals in Bhopal. We further issue a clear
          direction to the Union of India and the State of
          Madhya Pradesh to render all assistance, financial
          or otherwise, to ensure that there is no impediment       B
          in the carrying on of the research work by the
          specialized institutions.

    9)    The Monitoring Committee must operationalize
          medical surveillance, computerization of medical          C
          information, publication of 'health booklets' etc.
          The Monitoring Committee shall also ensure that
          the 'health booklets' and 'smart cards' are provided
          to each gas victim irrespective of where such victim
          is being treated. This direction shall apply to all the
          hospitals run by the Government or otherwise, in          D
          Bhopal. We direct the State Government to provide
          assistance in all respects to the Empowered
          Monitoring Committee and take appropriate action
          against the erring officer/officials in the event of
          default.                                                  E

         We also direct complete computerization of the
   medical information in the Government as well as non-
   government hospital/clinics, which should be completed
   within a period of three months from today.                      F

    10)   We are informed that there are large number of
          vacancies of doctors and supporting staff in the
          hospitals and allied departments. In the BGTRRD,
          80 per cent posts of specialists and 30 per cent of
          doctors are lying vacant. Some posts are also             G
          lying vacant in the Fourth Grade staff. Thus, we
          direct the concerned authorities to take appropriate
          steps in all respects not only to fill up these
          vacancies but also to provide such infrastructure
          and facilities that the doctors are not compelled to      H
    970     SUPREME COURT REPORTS                  [2012] 12 S.C.R.


A               or prefer to resign from BMHRC employment and
                its various departments, due to inadequate
                facilities.

          11)   The Union of India, the State Government and the
B               ICMR should even consider the proposal for
                providing autonomy to BMHRC and even make it
                a teaching institution so as to provide attractive
                terms, studies and job satisfaction therein. This will
                not only help in providing better opportunities of
                employment but would better serve the purpose of
c               providing care and treatment of high quality to the
                gas victims.

          12)    It is indisputable that huge toxic materials/waste is
                still lying in and around the factory of Union Carbide
D               Corp. (I) Ltd. in Bhopal. Its very existence is
                 hazardous to health. It needs to be disposed of at
                the earliest and in a scientific manner. Thus, we
                direct the Union of India and the State of Madhya
                 Pradesh to take immediate steps for disposal of
E               this toxic waste lying in and around the Union
                Carbide factory, Bhopal, on the recommendations
                of the Empowered Monitoring Committee, Advisory
                Committee and the NIREH within six months from
                today. The disposal should be strictly in a scientific
F               manner which may cause no further damage to
                human health and environment in Bhopal. We direct
                a collective meeting of these organizations to be
                held along with the Secretary to the Government of
                India and the Chief Secretary of the State of
                Madhya Pradesh within one month from today to
G
                finalize the entire scheme of disposal of the toxic
                wastes. The above direction is without prejudice
                to the appropriate orders or directions being issued
                by the court of competent jurisdiction.
H         13)   The Advisory Committee, the Monitoring and the
BHOPAL GAS PEEDITH MAHI LA UDYOG SANGATHAN v. 971
     UNION OF INDIA [SWATANTER KUMAR, J.]

          NIREH shall continue to file their respective quarterly   A
          reports before the High Court of Madhya Pradesh.
          These reports shall be dealt with and appropriate
          directions be passed by the High Court in
          accordance with law.

    14)   We have already noticed that the management of            B
          BMHT has already been vested in the Ministry of
          Health and Family Welfare, Government of India
          and the working of BMHT has come to an end. We,
          thus, direct that the Union of India and the State of
          Madhya Pradesh shall take appropriate steps to            C
          ensure the dissolution of the Trust in accordance
          with law. The BMHT was initially formed for a period
          of eight years and then was constituted for an
          indefinite period under the orders of this Court. In
          the facts and circumstances of the case and the           D
          subsequent events, we direct that BMHT shall stand
          dissolved. All concerned to take steps in
          accordance with law, under which it was created
          and/or registered.
                                                                E
    15)   The corpus of BMHT has already been ordered to
          be transferred to the Government of India and
          would remain under the control of the Ministry of
          Health and Family Welfare. If any other steps are
          required to be taken, they shall immediately be F
          taken by the concerned Ministry. We further issue
          a clear direction that all the Fixed Deposit
          Receipts, RBI Bonds, Short Term Deposits and the
          bank balance of the BMHT, Bhopal, shall stand
          transferred and be under the control of the said
          Ministry. If any steps even in this regard are G
          required to be taken, we direct all concerned to take
          appropriate steps.

    16)   Accounts of BMHRC and the allied departments, as
          far as they are subject matter of the present writ
     972     SUPREME COURT REPORTS                  [2012) 12 S.C.R.


 A               petition, shall be audited by the Principal Accountant
                 General (Audit), Madhya Pradesh. It shall also
                 examine the accounts and the audit report dated
                 15th July, 2011 submitted by M/s. V.K. Verma and
                 Company within three months from today.
 B         17)   We also direct the State Government and the
                 Monitoring Committee to evolve a methodology of
                 common referral system amongst the various
                 medical units under the erstwhile BMHRC and
                 BGTRRD to ensure that the gas victims are
 c               referred to appropriate centres for proper diagnosis
                 and treatment in terms of the nature and degree of
                 injury suffered by each one of them.

           18)   We also direct that the Monitoring Committee, with
·D               the aid of the Advisory Committee, NIREH and the
                 specialized doctors of BMHRC, issues a
                 standardised protocol for treating each category of
                 ailment that the gas victims may be suffering from.
                 This shall be done expeditiously. It will be highly
 E               appreciated if the Committee also prescribes
                 scientific categorization of patients and injuries.

           19)   Lastly, we direct all concerned in the Union of India,
                 State of Madhya Pradesh, Empowered Monitoring
                 Committee, Advisory Committee, ICMR, NIREH,
 F               BMHRC and all other Government or non-
                 government departments/ agencies involved in the
                 implementation of Relief and Rehabilitation
                 Programme and research activity, to carry out the
                 above directions expeditiously and without demur
G                and default. We grant liberty to the applicants and/
                 or the petitioners or any other affected person to
                 move the High Court of Madhya Pradesh, Bench at
                 Jabalpur, in the event of violation, non-compliance
                 or default of any of the above directions or any other
H                orders passed by this Court.
BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN v. 973
     UNION OF INDIA [SWATANTER KUMAR, J.]

     36. Before we part with this matter, we consider it our duty   A
to place on record our appreciation for the able assistance
rendered by the learned counsel appearing for the respective
parties and the functions performed by the various
Chairpersons and Committees constituted under the orders of
the Court, including the Bhopal Memorial Hospital Trust             B

    37. This writ petition is transferred to the High Court of
Madhya Pradesh in the above terms. All applications are
disposed of accordingly.

      38. Keeping in view the provisions and scheme of the C
National Green Tribunal Act, 2010 (for short the 'NGT Act')
particularly Sections 14, 29, 30 and 38(5), it can safely be
concluded that the environmental issues and matters covered
under the NGT Act, Schedule 1 should be instituted and litigated
before the National Green Tribunal (for short 'NGT'). Such D
approach may be necessary to avoid likelihood of conflict of
orders between the High Courts and the NGT. Thus, in .
unambiguous temlS, we direct that all the matters instituted after
coming into force of the NGT Act and which are covered under
the provisions of the NGT Act and/or in Schedule I to the NGT E
Act shaU stand transferred and can be instituted only before the
 NGT:· This will help in rendering expeditious and specialized
justice in the field of environment to all concerned.            ·

     39. We find it imperative to place on record a caution for
consideration of the courts of competent jurisdiction that the      F
cases filed and pending prior to coming into force of the NGT
Act, involving questions of environmental laws and/or relating
to any of the seven statutes specified in Schedule I of the NGT
Act, should also be dealt with by the specialized tribunal, that
is the NGT, created under the provisions of the NGT Act. The        G
Courts may be well advised to direct transfer of such cases to
the NGT in its discretion, as it will be in the fitness of
administration of justice.

    40. Normally, we would have even transferred this case to       H
    974     SUPREME COURT REPORTS                [2012] 12 S.C.R.


A NGT. However, as it does not involve any complex or other
  environmental issues and primarily requires administrative
  supervision for proper execution of the orders of the Courts, we
  have considered it appropriate to transfer this case to the High
  Court of Madhya Pradesh. We may notice that the supervisory
B work concerns itself with regard to the proper functioning of the
  various Committees, which were constituted under the orders
  of the Court, to ensure proper running of the hospital established
  by the government and health care facilities available to the
  Bhopal Gas victims. Thus, the matter should be heard and
c supervisory jurisdiction be exercised by the High Court to better
  serve the ends of justice.

       41. The Registry is directed to transmit the records of the
  Writ Petition No. 50/1998 to the Madhya Pradesh High Court,
  Bench at Jabalpur, forthwith and also send copies of this order
D to all concerned quarters of the Union of India, the State of
  Madhya Pradesh, the Monitoring Committee, the Advisory
  Committee, ICMR, BMHRC and the NIREH for compliance of
  these directions without delay and default.

E K.K.T.                              Writ Petition Transferred to
                                     High Court. IAs. disposed of.