Introduction
Human rights are the basic rights that we claim and which protects us all. Chemical Industries, which happens to be the fastest-growing business in India, directly relates to these basic rights and the way we enjoy these rights. In the wake of recent incidents, society has increasingly experienced that chemical manufacturers infringe Human rights by not paying due attention to existing risks. Although several norms were formulated after this incident, tragedies are still unfolding due to chemical industries not respecting Human Rights.
These Human rights broadly include worker’s rights and indigenous and community rights living in the nearby area.[1] Worker’s rights include protection from hazardous substances, accidents at work, including the right to information regarding the exposure to hazardous substances. Indigenous and community rights include protecting from toxic contamination and pollution, the right to clean the environment, health, food, and access to water and the right to information regarding contamination level and adverse impacts on human health.
This article will analyze the abuses of Human Rights committed by Chemical Manufacturers in light of Bhopal Gas Tragedy and Vizag Gas leak.
Legislations endorsing relationship between Human Rights and Chemical Industries
Witnessing the increasing incidents of infringement of Human rights by chemical industries,the United Nations Human Rights council in 2011 came up with the Guiding Principles on Business and Human rights.[2] This guideline seeks to provide clarity on the human rights responsibilities of companies. Through the framework of Protect, Respect, and Remedy, the guideline provided the notion of ‘differentiated but complementary responsibilities.’[3] This briefing provides snapshot overview allegations of human rights abuses brought against companies in the chemical industry and creates a responsibility for these industries to respect human rights.
Although these guiding principles cover all the aspects related to adherence to Human rights, yet the stumbling block faced by chemical manufacturers in the management and disposal of hazardous substances and their waste throughout the life cycle. This issue can directly affect the Right to health, both workers and indigenous communities. Internationally there have been several regulations and conventions to address this issue, such as REACH (Registration, Evaluation, Authorization, and Restriction of Chemicals),[4] The Globally Harmonized System of Classification and Labeling of Chemicals (GHS),[5] The Strategic Approach to International Chemicals Management (SAICM),[6] etc. As all of these regulations are not binding on the companies, various chemical manufacturers and Chemical MNCs in India do not address human rights issues with due diligence, which stringently affect links between chemicals and their health and environmental impacts.
Apart from international conventions, there are numerous laws in India to protect the workers’ rights and the peoples living in the vicinity. Factories (amendment) act, 1987(Act 20 of 1987) deals with all the preliminary process, the inspection staff, health, safety, provisions relating to the hazardous process, the welfare of the employees, penalties, and procedure for any misconduct the industry.[7]
Another provision, i.e.Chemical accidents (emergency planning, preparedness, and response) rules, 1996[8] Defines chemical accidents, lists about different hazardous chemicals, and works of the crisis group at central, state, and local levels. These provisions not only talk about the safety and health of the workers but also about how the industries will be prepared in advance for the safety of the workers.
Case study- Bhopal Gas Disaster
This incident might have taken a blanket of time over it, but that night’s remains are still prominent enough to recall. The black night of 1984, reminds us of the most horrific industrial disaster in India. The hazardous gas Methyl isocyanate started leaking from the plant of Union Carbide India Ltd. (UCIL) and left thousands dead and thousands of others maimed for life. Though the case grabbed much of the hike regarding the company’s liability, yet the most disregarded issue related to this case was worriment about Human rights.
Even after introducing several laws and regulations after the tragedy, the victim’s long wait for justice was a major breach of human rights. The reportby UN Human rights concluded that “The tragic story of Bhopal’s chemical disaster is far from over. Contaminated water and soil from the pesticide factory has denied generation after generation in Bhopal a life of dignity andmaximum development, among many other rights”[9]
Case study- Visakhapatnam Gas leak
There is a famous saying that history repeats itself, and the gas leak in the LG Polymers plant in Visakhapatnam is a clear example of the statement above. On 7 May, when the country was in the dark clouds of the COVID Pandemic, some people woke up smelling different in the air, there was a leakage of styrene gas in the air.In the village in a radius of 5 kilometres killing around 11 peoples and affecting thousands. It spread living in the vicinity. Styrene gas is an organic compound used in the manufacture of plastic/polymers/resins[10]. According toManufacture, Storage, and Import of Hazardous Chemical Rules 1989[11], it is one of the hazardous gases which can even lead a person into a coma. In the light of justice, NGT took suo moto cognizance and released a report stating thatstyrene gasshould be contained at an ideal temperature of 18*Celsius, and at no point it should be allowed to cross the 25* Celsius.[12] Further, the committee stated that the plant does not have enough inhibitors to stop self- polymerization and cool the temperature inside the plant, increasing the temperature of styrene, and the gas started leaking. The company had been operating without the requisite environment clearances, and the company has itself admitted it. The cause was for a day, but the effects were on a large scale since styrene gas is a heavy plant, and it settles down fast. The crops standing in the nearby area were ordered by the authorities to be destroyed. It is also not sure whether they will be able to grow it again in the monsoon. Money cannot buy lives, and due to the company’s negligence, people lost their lives, and many others were affected.
Critical Analysis
Even today, the Bhopal tragedy stands out on two accounts: a massive and large-scale violation of human rights and a pervasive failure of the victims to obtain effective redress. While Bhopal depicts the potential of the pitfall of values embodied in human rights such as the right to health, physical integrity, and justice, it is less obvious what human rights law has to contribute to Bhopal. The tragedy illustrated limitations in the conception of international human rights law, which later translated into paramount tort litigation, leaving victims with little hope of effective redressal.
Ignorance of the issue in the past took us to another intimidating incident of Visakhapatnam. In this incident, gross indifference on central and state governments to the health needs of the gas-victims continues to be as grim as ever. A host of human rights issues stood out, in this case, they included- Lack of information even disinformation regarding the nature of the gas stored, the health administration was not prepared to deal with this massive gas leak, death and devastation were acute mostly around the industry, the incident threatened their ability to breathe a new life.
Suggestions
Legislations and initiatives in the wake of the Bhopal gas disaster failed to address human rights. Moreover, an increase in such incidents of chemical disasters reflects a collective failure of non-state actors, governments, and international communities. Among the number of general measures that could be taken to prevent abuses of chemical rights, urgent steps to redress the survivors’ injustice look like a need of the hour. To tackle this issue, industry associations must make human rights due diligence mandatory for all the companies dealing with toxic chemicals and pollution risks. This includes human rights due diligence for their manufacturing facilities and the hazards of their chemical products and the impacts on workers, children, and others exposed to their toxic chemical products and by-products. Further, negligence in mishandling the hazardous material should result in civil and criminal liability. The mere grant of compensation in such horrific cases would not establish justice.
Concerning the right to livelihood, frequent checks on the maintenance and storage of toxic gases should be mandatory. The state can make a repository of industries in the state dealing with toxic gases and can make stringent guidelines regarding maintenance.
One of the basic human rights, i.e. Right to Information is a fundamental right for every worker employed in the factories or any other work and is also provided in section 41 B of the Factories (amendment) act, 1987[13]. The government should intervene at the ground level to ensure that important information is provided to the workers.
Conclusion
Chemical disasters can have a severe impact on people’s lives, particularly vulnerable ones. Critical gaps such as the implementation of human rights due diligence can affect both their workplace and their homes that include the resources these communities depend upon. In India, chemical industries should address adverse human rights impact which they are involved in. Although the adoption of policies and recognition that companies have a responsibility to respect human rights reflects the progress, greater scrutiny and transparency for victims are still needed.
By-
Rahul Goyal
Dharmashastra National Law University
Ananya Bhargava,
Dharmashastra National Law University
[1]Business and Human Rights Resource Centre, Business & human rights in the chemical industry: An assessment of company responses to human rights issues, (13 July, 2020, 3:31 PM), https://www.business-humanrights.org/sites/default/files/BHRRC%20Chemical%20Briefing%2030%20Jan%202018.pdf.
[2]Guiding Principles on Business and Human Rights, United Nations Human Rights, https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf.
[3] Ibid.
[4]REACH, European Commission, https://ec.europa.eu/environment/chemicals/reach/reach_en.htm.
[5] The Globally Harmonized System of Classification and Labelling of Chemicals (GHS), United Nations, https://www.unece.org/fileadmin/DAM/trans/danger/publi/ghs/ghs_rev04/English/ST-SG-AC10-30-Rev4e.pdf.
[6]The Strategic Approach to International Chemicals Management (SAICM), United Nations, http://www.saicm.org/.
[7] The Factories (amendment) act, 1987, Act no—20, Acts of Parliaments, 1987(India).
[8]https://wbfactories.gov.in/site/contents/acts_rules/2_the_chemical_accidents_emergency_planning_preparedness_and_response_rules_1996_as_amended_upto_date.pdf
[9]Bhopal: Chemical Industry must respect Human Rights, United Nations Human Rights, https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25358&LangID=E.
[10]Vizag gas leak: How events unfolded & why it happened | All you need to know, India Today, 7 May 2020,https://www.indiatoday.in/india/story/vizag-gas-leak-tragedy-visakhapatnam-lg-polymers-all-you-need-to-know-1675509-2020-05-07.
[11] Ministry of Environment & Forests, The Manufacture, Storage, and Import of Hazardous Chemical Rules 1989, http://dgfasli.gov.in/dock-safety/msic-rules-1989-amendments-2000.
[12]Report of Joint Committee, No. 857 of 2018, https://greentribunal.gov.in/sites/default/files/news_updates/REPORT%20OF%20JOINT%20COMMITTEE%20IN%20OA%20NO.%20857%20of%202018.pdf.
[13] The Factories (Amendment) act, 1987, No.20, Acts of Parliament, 1987.
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