SUPREME COURT ISSUES NOTICE TO OFFICIALS OVER CONTEMPT PLEA ON NON-COMPLIANCE WITH MEDICAL CARE DIRECTIONS IN BHOPAL GAS TRAGEDY CASE:

On September 26, the Supreme Court issued notices to several top officials in a contempt petition concerning non-compliance with its 2012 directions for ensuring medical care and computerisation of records for victims of the Bhopal Gas Tragedy. The notices were issued to the Secretary of the Union Ministry of Health and Family Welfare, the Director General of the Indian Council of Medical Research, the Chief Secretary of Madhya Pradesh, and the Principal Secretary of the Bhopal Gas Tragedy Relief and Rehabilitation Department. A bench comprising Justice P.S. Narasimha and Justice A.S. Chandurkar sought their response regarding allegations that the authorities had failed to comply with longstanding orders aimed at providing effective medical relief to survivors of the disaster.

The contempt proceedings arise out of writ petition No. 50 of 1998, Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India, in which the Supreme Court had issued a set of directions on August 9, 2012. These directions included the computerisation of medical records of the victims and improving the system of medical care. The Court had also transferred the matter to the Madhya Pradesh High Court, Jabalpur Bench, for administrative supervision and proper execution of its orders.

The petitioners alleged that despite the passage of over twelve years, the authorities have failed to implement the directions. They pointed out that a contempt petition had already been filed in 2015, yet no effective compliance has taken place. For the last decade, the High Court has refrained from initiating punitive measures against the defaulting authorities, despite repeated observations about their lack of seriousness.

The Monitoring Committee, originally constituted by the Supreme Court in 2004 and reconstituted by the High Court in 2013, has been chaired by Justice V.K. Agarwal, a retired judge of the High Court. This Committee has submitted 21 reports detailing the steps necessary for compliance with the 2012 directions. However, the petitioners argued that these reports reveal near-total non-compliance. The Committee has highlighted serious issues such as the departure of doctors and faculty members from the Bhopal Medical Hospital and Research Centre without their posts being filled.

The High Court has issued several warnings to the authorities over the years. For instance, in September 2016, it directed the Union Government to submit a report on the issue of vacant posts and cautioned that coercive action might be taken if the report was unsatisfactory. In 2017, the High Court again observed that the Union Government was deliberately delaying the matter and was not taking proper steps to frame rules or recruit doctors and support staff. Despite such findings, the authorities failed to take corrective action.

On the matter of computerisation of medical records, the National Informatics Centre and the gas hospital reported that the process had been completed. However, the Monitoring Committee expressed dissatisfaction, stating that the system was not patient-centric and did not provide a comprehensive case history of treatment for each victim. The High Court issued repeated warnings, but they too went unheeded.

Most recently, on January 6, 2025, the High Court sharply criticised the indifference of the authorities, remarking that their conduct suggested a lack of seriousness in carrying out the work directed by the courts. Despite years of directions and monitoring, the authorities have continued to neglect implementation.

The Supreme Court has now stepped in, issuing fresh notices to the concerned officials. The matter is scheduled to be heard again on November 14.