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Charan Lal Sahu and Others v. Union of India
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Obligations of States — Universal Declaration of Human Rights, 1948 — Influence — Constitutional protection of the rights to equality, freedom and protection of life and personal liberty-Victims of Bhopal disaster — Claims for compensation — Representation of claims by Central Government — Whether divestiture of individual rights to legal remedy — Whether procedure just, fair and reasonable — Bhopal Gas Leak Disaster (Processing of Claims) Act 1985 — Constitutional validity — Constitution of India, Articles 14, 19 and 21
Claims — Multinational corporations — UN Code of Conduct on Transnational Corporations, 1986 — Obligation of States to comply — Victims of Bhopal disaster — Claims for compensation — Statute giving exclusive rights to Central Government to represent victims — Whether analogous to parens patriae — Whether exercise of sovereign power of State for public welfare — Salus populi suprema lex — Whether implied obligation in Statute to grant interim relief to victims of disaster — Bhopal Gas Leak Disaster (Processing of Claims) Act 1985 — Constitution of India, Preamble and Directive Principles of State Policy
Environment — Pollution-free air and water — Multinational corporations — Code of Conduct on Transnational Corporations, 1986 — International obligations — Constitutional protection — Industries dealing with potentially dangerous materials — Need for certain norms and standards — Guidance from evolving international dimensions and standards — State to take effective steps to safeguard rights of citizens by enacting laws — Rights relating to life, liberty and safety of environment and ecology for a healthy and clean life — Multinational corporations also to be made liable for any damage caused to human beings and the ecology — The law of India
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- © Cambridge University Press 2001