The National Human Rights Commission received a complaint from Hamida Bi, a representative of an organization for victims of the 1984 Bhopal gas tragedy. She stated that the widows of gas victims were no longer receiving their monthly pension of Rs. 1,000 that the central government had approved in 2010. Additionally, a pending Supreme Court case regarding further compensation of Rs. 7,728 crores for victims has not advanced in 10 years. The Commission sought reports from the central ministries of chemicals, law and justice, and the Madhya Pradesh government. The chemicals ministry responded that a plan to provide the pension for 5 years was approved in 2010, but further reports were still pending from the law and justice ministry and Madhya
Sangyun Lee, Duplicate Powers in the Criminal Referral Process and the Overla...
Nhrc widow pension
1. National Human Rights Commission
Manav Adhikar Bhawan Block-C,
GPO Complex, INA, New Delhi,
DELHI – 110023
Website: https://hrcnet.nic.in/
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Dairy No.: 79027/CR/2020 Case /File No.: 1556/12/8/2020
Complainant: Hamida Bi (victim of Bhopal gas tragedy)
51, Rajender Nagar, Bhopal, 462010
Complaint Date: 31/072020 Registration date: 05/08/2020
Action Date: 03/12/2020
Action: Additional information called for
To:
THE SECRETARY,
Ministry of Law and Justice,
Department of Legal Affairs, 4th Floor,
A-Wing, Shastri Bhawan, New Delhi, Delhi
&
The Chief Secretary,
Govt. of Madhya Pradesh,
The complainant, an office-bearer of Bhopal Gas Peedith Udyog
Sanghathan (BGPMUS), Bhopal has stated that the Union Cabinet
on 24.06.2010 had approved recommendation of the Group of
Ministers to provide pension to 5000 widows of gas victims. Initially,
it was paid Rs. 500/- per month to each of the widow, but this was
increased to Rs. 1000/- per month by the Central Government, for
which an amount of Rs. 30 crores were allocated, as can be
referred from the Annual Report 2013-14. As such, the total amount
Rs. 25.43 crore was disbursed as pension to 4995 beneficiaries till
2. the year 2019-20, and an amount Rs. 4.57 crore is still lying with
the Central Government. However, now the hapless widow
beneficiaries are being deprived from the pension. In addition, a
Curative Petition No. 345-347 of 2010 was filed by the Union of
India for enhancing the settlement sum by an additional amount of
Rs. 7,728/- crores is still pending before the Supreme Court of India
for last ten years. Thus, the widows of thousands of gas victims are
forced to live in abysmal conditions, because of the inordinate delay
in payment of additional compensation. The complainant has
requested payment of pension to the gas victim widows with
arrears since the January, 2020 and pushing up the Curative
Petition in the Supreme Court. She has requested intervention of
the Commission. The Commission vide its proceeding dated
07.08.2020 had sought action taken report from Secretary, Ministry
of Chemicals and Fertilizers, Government of India; Secretary,
Ministry of Law and Justice, Government of India; and the Chief
Secretary, Government of Madhya Pradesh, Bhopal. Pursuant to
the directions of the Commission, a report dated 09.09.2020 has
been submitted by the Deputy Secretary, Ministry of Chemicals and
Fertilizers, Department of Chemicals and Petrochemicals, Govt. of
India. It is reported that with regard to the pension to the widows of
the victims of Bhopal Gas Tragedy, a plan of action with total outlay
of Rs. 982.75 Crore was submitted by the State Govt. of Madhya
Pradesh including the proposal for earmarking Rs. 30 crores for
payment of pension at the rate of Rs. 1,000/- per month for 5,000
widows for 05 years, which formed part of Social Rehabilitation
Programme. The new action plain with financial implication of Rs.
272.75 Crores was approved by Govt. of India in June 2010 to be
funded by the Central Govt. to the extent of 75% which included
payment of pension to the widows. Subsequently, Department of
Expenditure, Ministry of Finance, Govt. of India released an amount
3. of Rs. 204.56 Crore (75%) in July towards 75% share of the Central
Govt. with the remaining 25% to be funded by the State Govt. of
Madhya Pradesh. In the year 2016, the Govt. of M.P. sent a
proposal for continuation of pension plan to widows of Bhopal gas
victims under Social Rehabilitation Programme for further period of
5 years. In so far as issue of curative petition is concern, it is
informed that based on the decision of the Union Cabinet, said
petition was filed by Union of India Vs. (i) Union Carbide
Corporation (UCC), USA (ii) Dow Chemical Company, USA (iii)
McLeod Russel India Ltd; and (iv) Eveready Industries India Ltd. In
the Hon’ble Supreme Court of India in 2010. It is further submitted
that the case was listed for hearing in January 2020 wherein the
Court directed to list the case on 11.02.2020, but the case has not
listed so far. Email dated 04.08.2020 has been submitted by the
complainant, who has requested for restoration of pension to the
widows of the victims of the Bhopal Gas Tragedy and enhancement
of the same to meet their daily needs. Requisite report has not
been submitted by the Secretary, Ministry of Law & Justice, Govt.
of India and Chief Secretary, Govt. of Madhya Pradesh in
pursuance to the proceeding dated 07.08.2020. Let the same be
filed within four weeks, failing which the Commission would be
constrained to issue coercive process U/Sec. 13 PHR Act, 1993.
Put up the file on 15.01.2021.
Source: https://hrcnet.nic.in/HRCNet/public/CaseStatus.aspx