Forty years after the Bhopal Gas Tragedy, India has become the sixth-largest chemical-producing country in the world. Chemical accidents have been increasing across its rapidly growing chemicals sector. The question that has not been yet answered is: why?
A total of 29 chemical accidents occurred in India during the COVID-19 period (2020-2023). These resulted in 118 deaths and approximately 257 injuries. The National Green Tribunal (NGT) found that these incidents were caused by plant malfunctions, chemical leaks, explosions, and factory fires.
Scientists from the Scientists for People group, in their 2021 report, stated that it is unfortunate that even 40 years after the Bhopal Gas Tragedy, safety regulations for chemical processes have not improved.
India’s ballooning industrial sector has been persistent in demanding trade secret laws. Such laws allow companies to safeguard critical information under the guise of intellectual property. While trade secrets can provide competitive advantages, companies that pose environmental and public health risks often misuse them. In the absence of a trade secret law, companies currently rely on Non-Disclosure Agreements (NDAs) to withhold information about their business processes.
Anirban Majumdar, a professor at the West Bengal National University of Juridical Sciences, said, “Companies use NDAs to shield themselves, and there is no specific law in India to address trade secrets. The Right to Information Act, 2005, under Section 8(i), allows requesting intellectual property and trade secret-related information if it serves public interest, but this does not apply to private companies.”
Majumdar cites the Bhopal Gas Tragedy as an example. “Dow Chemicals, which acquired Union Carbide Corporation (UCC) in 2001, refused to disclose the chemical composition of the gas involved. Had the composition been revealed, victims could have been treated effectively. UCC has been utilising trade secret protections since the 1950s.”
The Bhopal Gas Tragedy remains a significant example because the use of methyl isocyanate (MIC) continues in India. MIC has been categorised as a hazardous chemical under the Manufacture, Storage, and Import of Hazardous Chemicals Rules, 1989 (Schedule 1).
When Down to Earth (DTE) inquired under the Right to Information Act about the quantity and locations of MIC usage, the Department of Chemicals and Petrochemicals did not provide the information. Majumdar mentioned that some reports confirm Dow Chemicals continues to trade UCC products in India through Mega Visa, a Singapore-based company.
Gopal Krishna from the Toxic Watch Alliance highlighted that several hazardous chemicals are still not categorised as either ‘hazardous’ or ‘documented’. He alleged that UCC’s research and development centre in Bhopal conducted experiments with gases and chemicals banned in the US for war weapon production. The identity of the exact gas responsible for the tragedy remains unknown to this day.
UCC’s Bhopal plant used MIC as an intermediate to manufacture the pesticide carbaryl (Sevin), which was banned in India only on August 8, 2018, nearly three decades after the tragedy. The delay in imposing this ban has not been clearly explained.
Meanwhile, many dangerous agricultural chemicals remain unregulated, such as the synthetic pesticide dichlorodiphenyltrichloroethane (DDT), which is hazardous to human health and the environment. Despite its global phase-out, India, through HIL Ltd, continues its production for export to African countries. The government has deferred DDT’s phase-out until December 2024, as per the 17th Lok Sabha Standing Committee on Chemicals and Fertilizers (2023-24).
In 2022, the Pesticides Action Network India (PAN India) published a report titled State of Chlorpyrifos, Fipronil, Atrazine, and Paraquat Dichloride in India, emphasising the urgent need to ban highly toxic pesticides due to their severe risks to human health, the environment, and other organisms.
The Union Ministry of Environment, through its 1989 notification, lists 684 hazardous chemicals under Schedule 1 of the Hazardous Chemicals (Management and Handling) Rules. Yet many dangerous chemicals are absent. According to Gopal Krishna, this is an extremely limited list. Internationally banned chemicals like asbestos are still used in India.
Per- and polyfluoroalkyl substances (PFAS), also known as ‘forever chemicals’, are another example of under-regulated synthetic chemicals in India. Widely used in non-stick cookware, food packaging, and water-resistant products, PFAS are known for their persistence in the environment and adverse health effects. The European Chemicals Agency (ECHA) has initiated steps to regulate PFAS in Europe, but there has been no progress in India.
In October 2024, DTE again sought information on MIC and hazardous chemicals under the Right to Information Act. The Department of Chemicals responded, saying, “No such information is available with the Information Officer.” If passed, the Protection of Trade Secrets Bill, 2024 would further empower companies to withhold crucial information, except in cases of national emergency or public interest.
The chemical industry in India continues to expand, with the Union Ministry of Commerce projecting its market size to reach $1 trillion by 2040. The draft Chemical Management and Safety Rules remains unfinished, while India lacks comprehensive regulations akin to the Toxic Substances Control Act (TSCA) of the US or the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) of the EU. Furthermore, India does not maintain a chemical inventory or mandate chemical registration.
Narasimha Reddy Donthi, associated with Public Policy and PAN India, said, “We lack robust legislation equivalent to arms laws. Owning a gun can result in seven years of rigorous imprisonment, but purchasing a can of hazardous chemicals often carries no repercussions. We need stringent laws, regulations, and institutional mechanisms for enforcement.”
Piyush Mohapatra of Toxics Link pointed out that current policies prioritise industrial interests while overlooking chemical management and hazard classification. Despite international collaborations and agreements, implementation remains poor.
Nearly five years ago in 2019, DTE sought information from the government on the production and use of MIC within the country in a long series of conversations via e-mail.
We got the following reply: “The Joint Secretary of the Department of Chemicals is working on a notification of a toxic gas like MIC. Stay in touch with them.”
At present, no such notification has come from the ministry yet. The draft of the Chemicals (Management and Safety) Rules is ready but has not been finalised yet.
Although India has 15 laws and 19 rules governing different aspects of the chemical industry, none are tailored specifically to address industry-wide chemical use, production, and safety. Former Central Pollution Control Board scientist DD Basu asserted, “We need comprehensive legislation to regulate chemical usage, production, and safety.”
Globally, countries are stepping up efforts to regulate and ban harmful chemicals, but India continues to lag. Donthi concluded, “India requires a robust regulatory framework that not only addresses trade secrecy but also ensures transparency in supply chains. Industries have created systems that shield them from scrutiny while exposing the public to harm.”