Industrial disaster is a type of disaster originating from technological or industrial accidents, dangerous procedures, infrastructural failure or certain human activities that results in loss of life or injury, damage to property, or environmental degradation.

One of the worst examples globally, was the Methyl Iso-cyanate gas leak in 1984 from the Union Carbide factory in Bhopal which has so far claimed more than 20,000 lives and injured several lakh persons besides stunting the growth of a generation born from affected population.

With rapid industrialization, the cases of industrial disaster have been increasing steadily. From 2003- 2013, 130 significant chemical accidents were reported in India, resulting in 259 deaths and 563 number of serious injuries. Chlorine gas leak in Jamshedpur (2008), mining collapses and most recently, the blast at NTPC Rae Bareli are some examples of industrial disasters in India.

Legal Framework:

In the pre-Bhopal Gas tragedy era, industrial safety was governed by legislations like the Factories Act, 1948 and the Explosives Act, 1884. However, after Bhopal tragedy, India has taken huge leap forward in terms of setting up of legal and institutional framework to reduce the risk:

• Factories Act 1948 was amended to extend the scope of risk to cover general public in the vicinity of the factory.
• Environment Protection Act, 1986, was enacted enlisting the provisions for management of hazardous waste.
• Public Liability Insurance Act in 1991 provides for immediate and interim relief to disaster victims.
• National Environment Tribunal was set up in 1995 for effective and expeditious disposal of cases arising out of any accident occuring while handling any hazardous substance and to give relief and compensation for damages to persons, property and the environment because of such accidents.
• Chemical Accidents Rules 1996, Hazardous Wastes Rules, 2008 etc. are also aimed at mitigating the effects.
• Disaster Management Act, 2005, for effective management of natural and man-made disasters and for incidental matters is the most recent systemic reform. Setting up of National Green Tribunal under the NGT Act 2010, Civil Liability for Nuclear Damage Act, 2010 etc. further embolden the risk–related legal framework.

Institutional Framework:

• A number of regulations covering safety in transportation, insurance, liability and compensations provide for institutional framework. It involves various central/state ministries/departments for enacting and supervising regulations e.g. MHA, MoEF, MoLE, MoRT&H, MoH&FW among others. The ministries are responsible for enacting respective regulations and are assisted by their state entities to monitor compliance of the same. For instance, The MoLE is responsible for enacting regulations and enforcing these through its state entities; the Inspectorate of Factories/Directorate of Industrial Safety and Health
• (DISH) monitors compliance of the same. The state governments through their respective departments are responsible for management of certain responsibilities.
• National Disaster Management Authority, National Executive Committee, State Disaster Management Authority, District Disaster Management Authority, National Disaster Response Force and National Institute of Disaster Management have been created under the Disaster Management Act to reduce disaster risk at all its stages.
• Thus, India has the necessary legal and institutional mechanism to mitigate effects of Industrial disasters, but robust enforcement of the same is required.