Chapter 10 LAW AND SOCIAL JUSTICE

Bhopal Gas Tragedy

The Bhopal Gas Tragedy, occurring in 1984, was a catastrophic industrial accident where highly poisonous methyl isocyanate (MIC) gas leaked from a Union Carbide pesticide plant. The tragedy resulted in thousands of deaths and severe long-term health issues for survivors. Investigations revealed that the company had deliberately ignored safety measures to cut costs, despite prior incidents highlighting the plant's risks. The legal aftermath saw the government representing victims in a civil suit against Union Carbide, but the compensation awarded was considered low, and survivors continue to fight for justice, including proper healthcare and clean-up of the toxic site.

What Is A Worker’s Worth?

The worth of an Indian worker is often perceived as low by employers, especially foreign companies operating in India. This perception stems from factors such as higher unemployment rates, which increase labor availability and reduce the bargaining power of workers. Companies can exploit this vulnerability by offering lower wages, demanding longer working hours, and cutting costs by reducing safety measures. This cost-cutting can also involve dangerous practices like cutting staff or reducing training periods, leading to unsafe working conditions and accidents, as tragically demonstrated by the Bhopal disaster.

Enforcement Of Safety Laws

The government is responsible for ensuring that safety laws are implemented and enforced to protect workers' rights and well-being, as mandated by the Constitution's Right to Life (Article 21). However, lax enforcement and weak safety regulations, as seen in the Bhopal case, can have devastating consequences. Government officials sometimes overlook violations to encourage investment and job creation, creating a situation where companies can disregard safety standards without adequate penalty, leading to worker exploitation and tragedies.

New Laws To Protect The Environment

The Bhopal disaster highlighted the inadequacy of existing environmental laws and the need for stronger regulations. In response to pressure from environmental activists, India introduced new laws holding polluters accountable for environmental damage. These laws recognize that the environment is a shared resource that cannot be destroyed for industrial development. Courts have also affirmed the Right to a Healthy Environment as part of the Right to Life, directing governments to implement measures to control pollution and impose penalties on violators.

Environment As A Public Facility

A clean environment is considered a public facility because it benefits all citizens and is essential for life and well-being. The government has a responsibility to protect and manage this resource, ensuring that industrial activities do not cause pollution that harms public health and the environment. This involves implementing and enforcing environmental laws, promoting cleaner technologies, and holding polluters accountable.

Conclusion

Laws are essential for preventing unfair practices and ensuring social justice in various spheres, including markets, workplaces, and environmental protection. The government plays a critical role in making, enforcing, and upholding these laws. However, effective enforcement is crucial, especially when laws are designed to protect the weak from exploitation. While the government leads these efforts, public pressure and activism are also vital in ensuring that laws are implemented and that both private companies and the government act in the interest of societal well-being and environmental protection.

Exercises

The chapter exercises aim to consolidate understanding of laws, their enforcement, and their role in social justice, using the Bhopal Gas Tragedy as a case study. Questions ask students to define 'domestic violence' and 'manual scavenging,' identify Fundamental Rights violated by these practices, and analyze the effectiveness of laws and government actions. Students are prompted to discuss the reasons for lax enforcement, the importance of safety laws, the government's responsibility in providing clean environments, and potential solutions for improving enforcement. Activities include comparing worker conditions, discussing environmental protection, and researching the Bhopal tragedy further.

The Constitution As A Living Ideal

The chapter underscores that laws and policies, even when constitutionally mandated, require continuous effort from citizens and the government to be realized in practice. The struggle for equality, dignity, and respect is ongoing. The Constitution provides the framework, but its ideals must be actively pursued through public pressure, organized movements, legal action, and advocacy to ensure that rights are protected and social justice is achieved for all.