Due to copyright restrictions, this item is not available for full-text download outside the UW Law School.
Abstract
This article discusses senior advocate Indira Jaising's suggestions for comprehensive changes both in law and industrial safety in the wake of the world's worst industrial accident at Bhopal. In the recent book released on the tenth anniversary of the accident "Bhopal, The Inside Story" by T.R. Chouhan and published by New York-based Ward Morehouse, Jaising argues that since recourse for victims in the present legal framework is unsuccessful, then revolutionary change is needed. While India seeks investment and multinationals want cheap labor and free markets, legal conditions ought to be applied to insure factory safety conditions in India reflect those of their own country. Jaising also suggests that international treaties be revised so victims of industrial accidents can sue for compensation and also that multinational companies are permitted to do business in India on condition they acknowledge jurisdiction of Indian courts. Jaising further states that victims have the right to compensation provided their claims are proven. Despite this being the case in other countries, the Indian government has yet to accept it. The article concludes that the lesson of the Bhopal accident is stricter safety conditions in hazardous factories.