Madhya Pradesh High Court Orders Safe Disposal of Union Carbide Waste Within Six Weeks

The Madhya Pradesh High Court has declined to issue a new directive for the disposal of 337 tonnes of hazardous waste from Union Carbide in Bhopal. Instead, it instructed the state government to adhere to safety protocols within six weeks. The court also prohibited media outlets from disseminating incorrect information about the waste disposal.

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In response to a 2004 petition, Chief Justice S.K. Kait and Justice Vivek Jain heard the Advocate General's request to unload the toxic material from trucks. The waste is slated for incineration in Pithampur, an industrial town in Dhar district, 250 km from Bhopal. However, local residents have resisted this move.

Public Concerns and Media Misinformation

The state government informed the court that misinformation in the media has caused public alarm. Reports suggested another industrial disaster might occur if the waste is disposed of at Pithampur, leading to environmental concerns. The court instructed media outlets not to publish unverified news regarding the waste disposal.

In an affidavit, the state government detailed that on January 1, they transported the waste using 12 fireproof and leak-proof containers. This operation followed a green corridor and adhered to Central Pollution Control Board guidelines. The transportation was supported by police and administrative authorities.

Protests and Public Outcry

The relocation of waste sparked protests in Pithampur, with two individuals attempting self-immolation during a bandh called by Pithampur Bachao Samiti. Despite these tensions, normalcy returned on Monday as markets reopened and police barricades were removed.

Pithampur, located about 30 kilometres from Indore, hosts around 700 industrial units. The town experienced unrest on Friday and Saturday, with residents staging sit-ins and throwing stones at the disposal unit's gate.

Legal Proceedings and Environmental Concerns

The court had previously ordered the removal of toxic waste from Union Carbide's defunct factory by December 3, 2024. It criticised authorities for their inaction even 40 years after the gas disaster, warning of potential contempt proceedings if they failed to comply.

Rachna Dingra from the Bhopal Group for Information and Action (BGIA) argued that Union Carbide and Dow Chemicals should transport the waste to the US or an OECD country. She noted that only 1% of the total waste had been moved, leaving approximately 1.1 million tonnes still contaminating groundwater in nearby communities.

State Government's Compliance Efforts

The state government requested additional time to reassure the public with factual information to counteract fake news. The court granted six more weeks for compliance with its December order to dispose of toxic waste at Union Carbide's Bhopal site.

BGIA counsel Avi Singh highlighted that no testing had been conducted on contaminated soil present for a decade. He argued that merely shifting some material does not fully comply with the court's directive.

Senior advocate Naman Nagrath, representing petitioner Alok Pratap Singh who filed in 2004, emphasised safe disposal of waste is crucial. The toxic gas leak from Union Carbide's factory in December 1984 resulted in 5,479 fatalities.