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

The Madhya Pradesh High Court has instructed the state government to manage the disposal of 337 tonnes of hazardous waste from Bhopal's Union Carbide site within six weeks. The court emphasised adherence to safety protocols and cautioned media against spreading false information. A division bench, led by Chief Justice S K Kait and Justice Vivek Jain, reiterated its December 2024 directive for waste removal, deeming further orders unnecessary.

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In response to a 2004 petition regarding waste disposal, the court clarified that no additional directives were needed. The state government is responsible for executing the December 3 order to remove and dispose of the waste. The Advocate General had sought permission to unload toxic material from trucks in Pithampur, Dhar district, where incineration is planned despite local opposition.

Public Concerns and Media Misinformation

The government informed the court about public unrest fueled by misleading media reports suggesting potential environmental disasters if waste is disposed of at Pithampur. The court instructed media outlets to refrain from publishing unverified news regarding the waste disposal process. Authorities aim to reassure the public with factual information to counteract misinformation.

An affidavit submitted by the government detailed the transportation of waste in January, following the court's order. Twelve fireproof containers transported the waste under police protection via a green corridor, adhering to Central Pollution Control Board guidelines. Despite these measures, local protests erupted in Pithampur, leading to attempts of self-immolation during a bandh called by Pithampur Bachao Samiti.

Community Protests and Legal Proceedings

Pithampur witnessed significant protests against the waste disposal plan, with residents staging sit-ins and stone-pelting incidents at the disposal site. However, normalcy returned on Monday as markets reopened and police barricades were removed. The town hosts around 700 industrial units and is located near Indore, Madhya Pradesh's commercial hub.

Rachna Dingra from the Bhopal Group for Information and Action (BGIA) urged the court to hold Union Carbide and Dow Chemicals accountable for transporting the toxic waste abroad. She highlighted that only a fraction of the total waste has been moved, with over 1 million tonnes still contaminating groundwater in nearby communities.

Legal Arguments and Environmental Concerns

BGIA counsel Avi Singh noted that the government's counsel admitted shifting toxic material without testing its composition. Advocate Naman Nagrath, representing petitioner late Alok Pratap Singh, stressed safe disposal of the waste. The court warned that failure to comply with its order could lead to contempt proceedings against authorities.

The December 3 order required removal of all toxic material from Bhopal's defunct Union Carbide factory. Despite being issued nearly 40 years after the gas disaster, authorities have been slow to act, risking another tragedy. Waste was relocated on January 1-2 nights amid police protection but faced resistance from locals fearing environmental harm.