ABSTRACT
A curative petition was filed by the Union Government to grant additional compensation to the victims of the Bhopal Gas Tragedy but was rejected by the Supreme Court in 2023, with one of the reasons being a breach of obligations by the Union. The Union Government was entrusted with the responsibility to facilitate adequate compensations and create the required medical insurance for the victims, which it failed to undertake. After having faced the most tragic Bhopal Gas Tragedy, and multiple other man-made and preventable accidents that claimed the lives of the innocent, it is high time that we solidify procedural mechanisms that would provide prompt compensation and justice, in an economically viable manner. Existing legal mechanisms have been incapable of addressing mass tort claims. The primal issue with the nation is, never holding the designated authorities appropriately responsible. Social Action Litigation plays a significant character in the jurisprudential development of claims involving mass victims but targeted efforts are needed to expedite compensation for the victims. This Article proposes class action suits, and a wider scope for Public Interest Litigation as possible restitutions along with judicial forward-ism while dealing with mass tort cases to facilitate adequate and swift compensation. It goes ahead to examine the judicial and legislative approach towards dealing with mass torts cases and reimbursing compensation. The Article attempts to strike a balance between collective remedy while addressing individual suffering. Furthermore, numerous legislative bottlenecks are discussed which restrain the process. The arguments are substantiated by existing legislation, case laws, and constitutional analysis.
Kumar Das, Anubhav and Tripathi, Ananya, Compensation Conundrums: The Challenges to Mass Tort Litigation in India (August 5, 2025), Gujarat National University Student Law Review, volume VI, pp 100-129, 2025.
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