Today, the Supreme Court issued notice on a petition challenging the Madhya Pradesh High Court's direction for the transportation and disposal of 337 metric tonnes of "hazardous" chemical waste from the Bhopal Gas Tragedy site to Pithampur, Madhya Pradesh.
A bench of Justices BR Gavai and AG Masih passed the order.
Earlier, the Madhya Pradesh High Court had passed an order in 2004 on a Public Interest Litigation (PIL) filed against the inaction of the Central and State Governments regarding the cleanup of the area surrounding the Union Carbide Factory, where thousands of tons of toxic waste and chemicals are dumped.
Review of the Madhya Pradesh High Court's Order
On December 3, 2024, the Madhya Pradesh High Court termed the situation at the now-defunct Union Carbide Factory site as a "sorry state of affairs" due to the non-removal of toxic waste. The Court ordered immediate measures to clean up the site and ensure safe disposal of the waste/material. It noted that 40 years had passed since the Bhopal gas tragedy, but toxic waste was still lying at the site.
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Subsequently, on January 6, the High Court directed the media not to publish any fake news or misinformation regarding the disposal of Union Carbide waste at the Pithampur facility.
Petitioner's Plea
The petitioner challenged the High Court's direction to transport and dispose of the chemical waste at Pithampur before January 3, 2025, citing significant public health and environmental risks. The petitioner argued that the citizens of Pithampur and Indore are protesting against the action of the State Government, as there was no prior discussion with the public, nor had the State Government issued any health advisory or clarification about the safety and security of people living in the vicinity.
Additionally, the petitioner pointed out that the Pithampur facility is surrounded by several villages, and people may be exposed to harmful gases during the incineration of toxic waste. Tarapura village, consisting of 105 houses, is only 250 meters away from the Pithampur facility, and the people of this village need to be relocated, but nothing has been done.
It was also noted that the Pithampur disposal site is near the Gambhir River, and any contamination of the river could have catastrophic consequences for public health and the ecosystem.
What Does the Petition Say?
The petitioner challenges the Madhya Pradesh High Court's order to transport the Bhopal Gas Tragedy chemical waste to Pithampur before January 3, 2025, despite the significant public health and environmental risks. The petitioner points out that the citizens of Pithampur and Indore are protesting the State Government's actions, as there was no consultation with the people, nor any safety or health advisory issued regarding the disposal.
In addition to the direction for disposal of the chemical waste at Pithampur, the petitioner also challenges the High Court's order prohibiting media houses from publishing or broadcasting fake news about the issue. The petitioner asserts that the publication of fake news is already illegal and prohibitory, but the High Court's finding has hindered the publication of genuine, well-researched reports.
Referring to an affidavit filed by the State of Madhya Pradesh, the petitioner highlighted the technical inadequacies of the Pithampur facility, including failure to meet permissible limits during prior test runs. The petitioner further warned that the waste disposal process would continue for a long period, 8-9 months, to dispose of 347 metric tonnes of highly toxic chemical waste, which poses life risks to the surrounding population.
What Did the Court Decide?
The Supreme Court, after hearing the petitioner's submissions, issued notice and scheduled the matter for the next week. The Court took note of the serious concerns regarding public health, safety, and environmental risks and is expected to make a crucial decision on the matter soon.
Case Title : CHINMAY MISHRA Versus UNION OF INDIA AND ORS., Diary No. 3661-2025
