Organization
Government of India
The Union government of India; the claimant for the Bhopal victims under the 1985 Act.
- Also known as
- Union of India
- Wikidata
- Q2767140
Connections 9
intervened in
- Bhopal suits sent to India, 1986 to 1987 8 Apr 1985 sued Union Carbide Corporation in New York as the victims’ sole representative Primary record 13
settled with
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Union Carbide Corporation
14 Feb 1989
$470M, in full settlement of all claims, rights and liabilities related to and arising out of the Bhopal Gas disaster
Primary record
34
$425 million from Union Carbide Corporation, less $5 million already paid, and the rupee equivalent of $45 million from Union Carbide India Ltd. The order records a settlement, not a finding of who caused the leak.
- Union Carbide India Limited 15 Feb 1989 $45M, paid the rupee equivalent of $45 million towards the $470 million settlement Primary record 34
owns a stake in
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Union Carbide India Limited
1984
22%, as of 2 Dec 1984
Primary record
12
The court says “owned or controlled by”; Union Carbide says the other holders included Indian financial institutions and private investors.
involved in
- India’s request to extradite Warren Anderson, 2001 to 2004 requested extradition in May 2003 Scholarship & press 5
- The Union of India’s curative petition, 2010 to 2023 petitioner Scholarship & press 56
- Bhopal suits sent to India, 1986 to 1987 plaintiff for the victims; opposed the dismissal at first, then supported it on appeal Primary record 13
- Interim compensation orders, 1987 to 1988 sought interim compensation; appealed Primary record 3
- The $470 million Bhopal settlement, 1989 received the money as claimant for the victims Primary record 4
Timeline 4 dates
- 1984 Government of India owns a stake in Union Carbide India Limited
- 8 Apr 1985 Government of India intervened in Bhopal suits sent to India, 1986 to 1987
- 14 Feb 1989 Union Carbide Corporation settled with Government of India
- 15 Feb 1989 Union Carbide India Limited settled with Government of India
Proof 6 sources
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In re Union Carbide Corporation Gas Plant Disaster at Bhopal, India in December, 1984, 809 F.2d 195 (2d Cir. 1987) (copy posted by Union Carbide), U.S. Court of Appeals for the Second Circuit, 14 Jan 1987.
Primary record
Fifty and nine-tenths percent of its stock is owned by UCC, 22% is owned or controlled by the government of India, and the balance is held by approximately 23,500 Indian citizens.
Thereupon the UOI, purporting to act in the capacity of parens patriae, and with retainers executed by many of the victims, on April 8, 1985, filed a complaint in the Southern District of New York
The Union of India, however, has changed its position and now supports the district court's order.
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The Bhopal disaster and its aftermath: a review, Environmental Health (BioMed Central), 2005.
Scholarship & press
The government itself had a 22% stake in the company's subsidiary, Union Carbide India Limited (UCIL)
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Union of India v. Union Carbide Corporation, curative petitions, order of 14 March 2023 (LiveLaw copy of the order), Supreme Court of India (text via LiveLaw), 14 Mar 2023.
Primary record
This granted the Central Government an exclusive right to represent and act in place of every person who was entitled to make a claim for compensation.
UCC agreed to pay a sum of US $ 470 million to the Union of India in settlement of all claims, rights, and liabilities relating to and arising out of the Bhopal Gas disaster.
due to the escape of deadly chemical fumes from the factory owned and operated by M/s Union Carbide India Limited
a suit was filed by the Union of India against UCC before the District Judge, Bhopal, seeking compensation of approximately US $ 3.3 billion.
Being apprehensive about funds being made available for compensation to victims, the Union sought interim compensation from UCC.
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Union Carbide Corporation v. Union of India, orders of 14 and 15 February 1989 (IELRC copy, not the official version), International Environmental Law Research Centre (text of a Supreme Court of India order), 15 Feb 1989.
Primary record
The Union Carbide Corporation shall pay a sum of U.S. Dollars 470 millions (Four hundred and seventy Millions) to the Union of India in full settlement of all claims, rights and liabilities related to and arising out of the Bhopal Gas disaster.
Union Carbide India Ltd. will pay on or before 23 March, 1989 to the Union of India the rupee equivalent of U.S. $ 45 Millions (forty five Millions) at the exchange rate prevailing at the date of payment.
The aforesaid payments shall be made to the Union of India as claimant and for the benefit of all victims of the Bhopal Gas Disaster under the Bhopal Gas Leak Disaster (Registration and Processing of Claims), Scheme, 1985, and not as fines, penalties, or punitive damages.
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Chronology of events in Bhopal gas tragedy case, Press Trust of India (via ThePrint), 14 Mar 2023.
Scholarship & press
May 2003: Indian government formally conveys to the US its request for extradition of Anderson.
Dec 3, 2010: Centre files curative petition for enhancement of compensation for victims from Rs 750 Crore to Rs 7,844 crore.
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Victims threaten rail roko agitation if government fails to correct death and injury figures in a month, Down To Earth, 21 Oct 2011.
Scholarship & press
the government has asked the court to direct the US-based company, now owned by Dow Chemicals, to compensate for 5,295 deaths and 527,894 people getting injured in the tragedy.
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