Supreme Court Issues Notice on Petition Challenging Disposal of Hazardous Chemical Waste from Bhopal Gas Tragedy Site

Hazardous Waste Disposal at Pithampur

In a significant legal development, the Supreme Court has issued notice on a petition challenging the Madhya Pradesh High Court’s order for the transportation and disposal of hazardous chemical waste from the 1984 Bhopal Gas Tragedy site to Pithampur, Madhya Pradesh. The petition seeks to overturn the High Court’s direction, citing public health and environmental risks.

Background: Long-Standing Environmental Crisis

The dispute traces back to a 2004 Public Interest Litigation that criticized the Central and State Governments for their inaction in cleaning up the Union Carbide Factory site, where thousands of tons of toxic waste remain. In December 2024, the Madhya Pradesh High Court ordered authorities to immediately clean up the site and safely dispose of the hazardous materials. On January 6, 2025, the High Court also directed media outlets to not publish fake news related to the disposal process, a move that the petitioner has challenged.

Legal Representation and Arguments

Senior Advocate Devdatt Kamat, representing the petitioner, argued that the disposal site at Pithampur poses grave danger to the local population, especially due to its proximity to residential areas and the Gambhir River. He pointed out that the Pithampur facility had failed previous safety tests and warned that the disposal process could take 8-9 months, leading to long-term health risks for nearby residents.

Lack of Public Consultation and Safety Advisories

The petition emphasizes the lack of public consultation, as residents were not informed about the health risks associated with the hazardous waste disposal. Moreover, there was no safety advisory issued by the State Government or authorities, which further fueled the concern of local communities.

Alternative Disposal Methods Suggested

As an alternative, the petitioner has proposed that the hazardous waste be divided and disposed of in smaller quantities at multiple facilities, thereby reducing the risks posed to public health.

Health and Environmental Concerns

The petition highlights that Pithampur is a densely populated industrial area, with more than 1,250 industries and is located only 30 km from Indore City. The risk of contamination to nearby areas and the Gambhir River could have catastrophic consequences for both public health and the environment.

Future Hearings and Legal Significance

The Supreme Court bench, comprising Justices BR Gavai and AG Masih, will hear the matter again next week. This case brings to light the ongoing environmental and health challenges from the Bhopal Gas Tragedy, underscoring the need for effective remediation and community consultation in hazardous waste disposal decisions.