Column : What we havenít fixed after Bhopal
While Bhopal gas disaster and the consequent human tragedy is understandably an emotive issue, one canít get away from some facts. First, one canít compare compensation in India with compensation in the US, even if one adjusts for PPP. It is one thing to say that average final compensation for personal injury at Rs 25,000 is low. But benchmarking this against disaster compensation in the US, as media has been wont to do, is unwarranted. Second, tort law is relatively underdeveloped in India, despite social justice constituting a recurrent theme in the Constitution. In many instances, tort law isnít even codified, not uncommon in common law jurisdictions. Letís not forget the Environment Protection Act of 1986 was triggered by Bhopal.
Third, related to the second point, why have damages? For the wrong committed, there is an element of compensation. This is static aspect of law. To prevent such injuries in future, there can be a punitive element. This is dynamic aspect of law. Punitive damages
Be the first to comment.