Bhopal Court to Address Jurisdiction Matter Regarding Dow Chemical

Synopsis
Key Takeaways
- Bhopal court to hear Dow Chemical jurisdiction case.
- Petition filed in 2014 demands accountability.
- Dow Chemical appeared after 17 years.
- Victims seek justice for the 1984 disaster.
- Hazardous waste disposal ongoing under court supervision.
Bhopal, Jan 23 (NationPress) A district and session court in Bhopal is set to deliberate on Thursday the jurisdictional question concerning the trial of Dow Chemical Company related to the criminal case stemming from the Bhopal gas tragedy. A representative from the Bhopal Group for Information and Action (BGIA), one of the petitioners, indicated that the court is likely to hear the final arguments from both parties regarding the jurisdictional matter.
A petition urging that Dow Chemical be held accountable for the 1984 disaster was filed in 2014 at a Bhopal district court. Since then, Dow Chemical USA has received seven summons for appearance in this criminal case.
Despite ignoring six summons, Dow Chemical made its first appearance before Bhopal's trial court in October 2023 after a 17-year hiatus. Following their appearance, they have consistently claimed that Indian courts lack jurisdiction over the American corporation.
Victims of the gas tragedy are demanding that Dow Chemical take responsibility for the 1984 disaster, which resulted in numerous fatalities and significant environmental harm.
Meanwhile, the CBI, acting as the prosecution agency in this case, is also requesting that Dow Chemical disclose its business integration plan, which clarifies the asset value of Union Carbide that was acquired by Dow.
Dow Chemical, based in Michigan, USA, purchased Union Carbide Corporation, whose Bhopal facility was the site of the gas leak on the night of December 2-3, 1984, leading to the tragedy.
The American multinational company contends that the case does not fall within the jurisdiction of the Bhopal court, which had issued a show-cause notice based on the petitioners' requests. However, gas victims argue that the Madhya Pradesh High Court settled the jurisdiction question in 2012, and Dow Chemical should be considered an accused party.
Importantly, the hazardous chemical waste from Bhopal's Union Carbide factory was relocated for safe disposal to Pithampur in Dhar district as of January 1. The incineration process is being conducted by the state government under the supervision of the Madhya Pradesh High Court.