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Communities at risk: industrial risk in Indian law

By: Ramanathan, usha.
Material type: materialTypeLabelArticlePublisher: 2004Description: p.4521-527.Subject(s): Occupational safety In: Economic and Political WeeklySummary: Industrial risk was a dormant concern till it precipitated into the Bhopal Gas Disaster in December 1984. The sitting of industrial risk, and its exiling, have been part of law, policy and practice over the 20 years since Bhopal. There is, however, an incoherence in the development of law and policy. The anxiety about risk and hazard exists, but legal imagination has not been able to cope with the consequences of either leaving risk where it is, or exiling it. The courts do not possess the equipment needed to work out the reorganisation of spaces to minimise, or outlaw, risk. Yet, when the question of risk and hazard is taken to the court, the judiciary cannot turn away. It has sometimes refused to be definitive, and sometimes shown a tolerance of risk, asking of persons resident around risk to become superior risk bearers. - Reproduced.
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Articles Articles Indian Institute of Public Administration
Volume no: 39, Issue no: 41 Available AR63320

Industrial risk was a dormant concern till it precipitated into the Bhopal Gas Disaster in December 1984. The sitting of industrial risk, and its exiling, have been part of law, policy and practice over the 20 years since Bhopal. There is, however, an incoherence in the development of law and policy. The anxiety about risk and hazard exists, but legal imagination has not been able to cope with the consequences of either leaving risk where it is, or exiling it. The courts do not possess the equipment needed to work out the reorganisation of spaces to minimise, or outlaw, risk. Yet, when the question of risk and hazard is taken to the court, the judiciary cannot turn away. It has sometimes refused to be definitive, and sometimes shown a tolerance of risk, asking of persons resident around risk to become superior risk bearers. - Reproduced.

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