Section 2 of The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985
In this Act, unless the context otherwise requires,--
- (a)"Bhopal gas leak disaster" or "disaster" means the occurrence on the 2nd and 3rd days of December, 1984, which involved the release of highly noxious and abnormally dangerous gas from a plant in Bhopal (being a plant of the Union Carbide India Limited, a subsidiary of the Union Carbide Corporation, U.S.A.) and which resulted in loss of life and damage to property on an extensive scale;
- (b)"claim" means--
- (i)a claim, arising out of, or connected with, the disaster, for compensation or damages for any loss of life or personal injury which has been, or is likely to be, suffered;
- (ii)a claim, arising out of, or connected with, the disaster, for any damage to property which has been, or is likely to be, sustained;
- (iii)a claim for expenses incurred or required to be incurred for containing the disaster or mitigating or otherwise coping with the effects of the disaster;
- (iv)any other claim (including any claim by way of loss of business or employment) arising out of, or connected with, the disaster;
- (c)"claimant" means a person entitled to make a claim;
- (d)"Commissioner" means the Commissioner appointed under section 6;
- (e)"person" includes the Government;
- (f)"Scheme" means a Scheme framed under section 9. Explanation.--For the purposes of clauses (b) and (c), where the death of a person has taken place as a result of the disaster, the claim for compensation or damages for the death of such person shall be for the benefit of the spouse, children (including a child in the womb) and other heirs of the deceased and they shall be deemed to be the claimants in respect thereof.
Summary
- This section defines the Bhopal gas leak disaster as the gas release on December 2 and 3, 1984, from the Union Carbide India Limited plant in Bhopal, which is a subsidiary of Union Carbide Corporation in the United States.
- It defines a claim to include compensation for loss of life, personal injury, property damage, containment expenses, and business or job losses.
- It defines a claimant as anyone who has a right to file a claim, including the Government.
- It defines the Commissioner as the officer appointed under Section 6, and the Scheme as the plan created under Section 9.
- It explains that if a person died because of the disaster, their spouse, children, unborn children, and other heirs are treated as the claimants.
Practical examples
FAQ
1. What exact dates define the Bhopal gas leak disaster in this law?
The disaster is defined as the gas release that happened on December 2 and 3, 1984.
2. Who owned the plant that released the gas?
The plant belonged to Union Carbide India Limited, which was a subsidiary of Union Carbide Corporation, USA.
3. Can an unborn child be considered a claimant under this law?
Yes, the law specifically includes a child in the womb of a deceased person's family as a claimant.
4. Does the term person include the government?
Yes, this section explicitly states that the term person includes the Government.
5. What kinds of losses are covered under a claim?
Claims cover personal injury, loss of life, property damage, costs to contain or cope with the disaster, and business or job losses.
Test yourself
Q1.On which days did the Bhopal gas leak disaster occur according to Section 2?
Q2.Which company owned the Bhopal plant from which the gas was released?
Q3.Does a claim under this Act include loss of business or employment?
Q4.Who is considered a claimant if a person died as a result of the disaster?
Q5.Which section is cross-referenced for the definition of the Commissioner?
Q6.What is the Scheme under Section 2?
Q7.Does the definition of person include the Government?