Bhopal Gas Tragedy at 40

India has become the sixth-largest chemical-producing country in the world. However, this growth has come with a rise in chemical accidents, particularly in the past few years. Despite significant industrial growth, safety regulations and transparency in chemical processes remain insufficient, raising serious concerns about public health and the environment.

Chemical Accidents in India (2020-2023)

• Between 2020 and 2023, 29 chemical accidents took place in India, leading to 118 deaths and around 257 injuries.
• These incidents, which included plant malfunctions, chemical leaks, explosions, and factory fires, underline the inadequacy of safety measures in the chemical industry.
• There is the lack of transparency due to the absence of a law governing trade secrets. In India, there is no dedicated law for trade secrets, and companies often use Non-Disclosure Agreements (NDAs) to shield information from public scrutiny, even if it poses environmental and health risks.
  • Trade secrets refer to proprietary information companies consider crucial to their competitive advantage.
• The issue has persisted despite the Bhopal Gas Tragedy of 1984, which remains one of the deadliest industrial disasters in history. 40 years later, safety regulations for chemical processes in India have not improved significantly.
• Continued Use of Hazardous Chemicals
  • Methyl isocyanate (MIC): Despite the Bhopal Gas Tragedy and the hazardous nature of chemicals involved, methyl isocyanate (MIC) is still used in India for the production of certain pesticides. It remains listed as a hazardous chemical under India’s regulations.
  • Asbestos and DDT are banned in other countries but still in use in India, such as asbestos and DDT. India has delayed banning it, with the latest phase-out deadline set for December 2024.
  • PFAS (Per- and Polyfluoroalkyl Substances), also known as ‘forever chemicals’, remain under-regulated in India. These chemicals, commonly found in non-stick cookware, food packaging, and water-resistant products, are linked to adverse health effects but remain poorly regulated in India, despite significant efforts being made in other countries to address their dangers.

Inadequate Regulation

• India's existing laws and regulations regarding chemicals are fragmented and often inadequate.
• Currently, there are 15 laws and 19 rules related to the chemical industry, but none are designed specifically to ensure comprehensive safety in the chemical sector.
• For instance, the Manufacture, Storage, and Import of Hazardous Chemicals Rules (1989) do not fully address the growing complexity of the industry.
• Meanwhile, the Chemical Management and Safety Rules are still in the draft stage and have not been finalized. This lack of regulatory clarity makes it difficult to address the challenges posed by hazardous chemicals effectively.
• Moreover, India does not have a system to register or track chemicals comprehensively, unlike other countries like the US (under the Toxic Substances Control Act) or the EU (under the REACH Regulation).
• The industry continues to push for trade secret protections under the Protection of Trade Secrets Bill, 2024, which would make it even harder to obtain information about hazardous chemicals. Critics argue that the bill would further shield industries from scrutiny, increasing the risk to public health and the environment.