Centre wants stiffer penalty in Bhopal-type crimes

With blunders in the Bhopal gas tragedy tumbling out with embarrassing frequency, the government is working overtime to address the lapses. The group of ministers (GoM) looking into the options and remedies in the case is keen on sending the right signals about the sensitivity of the Manmohan Singh government towards the victims. The GoM meets on June 18.

The meeting, besides considering a wide range of issues concerning the tragedy, will also take a hard look at the legal lacunae that allowed Warren Anderson, the chief of Union Carbide Corporation, to escape scot-free.

It is learnt that law minister Veerappa Moily, who is a key member of the GoM, wants tightening of the law dealing with “causing death by negligence” governed under section 304A of the CrPC. He has already consulted leader of the opposition in the Rajya Sabha Arun Jaitley on the issue of amendment in the CrPC. Under the existing law, the punishment for death due to negligence is two years’ imprisonment, with or without fine, irrespective of the number of dead.

One important suggestion is to add sub-sections to 304A defining the quantum of punishment on the basis of number of victims. The period of imprisonment may be pushed up to 10 years if the toll due to the act of negligence is high. A road accident due to rash and negligent driving, which causes the death of a few persons, cannot be compared to the negligent act like that in the Union Carbide plant in Bhopal, a source in the law ministry told DNA. 

They may not be guilty of culpable homicide but the difference and magnitude of negligence must be elaborated in the CrPC, the source added.

Meanwhile, the ministry of chemicals & fertilisers is now getting ready to provide Rs982.75 crore for the rehabilitation of the gas victims. Health minister Ghulam Nabi Azad wants a probe into the circumstances under which Anderson left Bhopal. He also wants fresh investigations into the circumstances of inaction in previous leaks at the plant site.

Tourism minister Kumari Selja is likely to come forward with a proposal to sanction Rs100 crore for the long-awaited memorial for the victims and urban development minister S Jaipal Reddy may dole out another Rs100 crore to clear the waste lying in Bhopal for 26 years.

The Madhya Pradesh government’s minister for relief and rehabilitation Babu Lal Gaur wants the government to take over the Rs600-crore hospital run by a trust under the chairmanship of retired chief justice AH Ahmadi.

However, home minister P Chidambaram, who heads this committee, was guarded in his response when asked about the issues before the GoM. Asked whether Anderson’s extradition will be part of the GoM discussion, he said he had no idea about the nature of the deliberations.