Central

Section 4 of The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985

Notwithstanding anything contained in section 3, in representing, and acting in place of, any person in relation to any claim, the Central Government shall have due regard to any matters which such person may require to be urged with respect to his claim and shall, if such person so desires, permit at the expense of such person, a legal practitioner of his choice to be associated in the conduct of any suit or other proceeding relating to his claim.

Summary

Even though the government has the exclusive right to represent claimants under Section 3, claimants still have specific personal rights.
The Central Government must pay attention to and consider any arguments or matters that the claimant wants to put forward for their claim.
If a claimant wants their own private lawyer, known as a legal practitioner, the government must allow that lawyer to be involved.
The cost of hiring this private lawyer must be paid entirely by the claimant, not by the government.
The private lawyer is allowed to be associated in conducting the lawsuit or proceeding alongside the government.

Practical examples

1Meera wants to make sure the court knows about the long-term breathing issues her children developed, which might not be in standard reports. She tells the Central Government, and under this section, the government must respect her wishes and raise these specific facts in the case.

2Amit wants his trusted family lawyer, Mr. Kapoor, to look over the legal filings and participate in the court sessions. He agrees to pay Mr. Kapoor's fees himself. Under Section 4, the government must permit Mr. Kapoor to be associated with the conduct of the case.

FAQ

1. Does a claimant lose all say in how their case is handled because of the government's exclusive representation?

No, the government must have due regard to any matters that the claimant wants to be urged or argued in their claim.

2. Can a victim hire their own private lawyer?

Yes, a claimant can choose a legal practitioner (meaning a lawyer) to be associated with their case.

3. Who pays for the private lawyer hired by the claimant?

The claimant must pay all the expenses of their chosen private lawyer.

Test yourself

Q1.What must the Central Government do regarding matters a claimant wants to urge?

Q2.Who pays for the private lawyer chosen by the claimant under Section 4?

Q3.Section 4 begins with "Notwithstanding anything contained in" which section?

Q4.What is a "legal practitioner" in plain terms?

Q5.Can the Central Government refuse to allow a claimant's chosen lawyer to be associated with the case if the claimant is paying for it?

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