PROTECTION OF OTHER RIGHTS Protection of right of victims In cases of industrial hazards: Uttar Pradesh (Case No.19900124197-98) The petitioner, Ms. Subhashini Ali, drew the attention of the Commission to the occurrence of a ghastly incident in the factory premises of Jyoti capsules on 4 January 1998 in Kanpur, in which 8 workers had lost their lives. The accident occurred due to an explosion caused by the leakage of an inflammable chemical, hexane. The petitioner alleged that the factory had resumed production without taking due care of safety conditions. The Special Rapporteur of the Commission investigated the case and stated that the accident was the result of criminal negligence by the factory owner in handling and storing explosive chemicals and that he had failed to maintain safe working conditions in the factory. A major contributory factor was supervisory lapse on the part of the Inspectorate of Factories. The Commission directed the Government of Uttar Pradesh to finalise criminal cases registered against the owner and also ordered that the factory should not be permitted to resume production without complying with all safety requirements. The Labour Department of the Government was directed to investigate the reasons for the supervisory lapse and to penalise the culprits-The District Magistrate, Kanpur was directed to ensure early payment of all financial benefits in case of death and injuries. The intervention of the Commission brought about the award of immediate relief of Rs. 500W each to the victims apart from the compensation which was sanctioned to them by the State. The Directive Principles contained in Art. 48A of the Constitution direct the State to endeavour to protect and improve the environment. Principle 13 of the UN Declaration on Environment and Development (Rio Declaration, 1992) proclaims that States shall develop national laws regarding liability and compensation for the victims of pollution and other environmental damage. The Public Liability Insurance Act 1991 is in consonance with the spirit of principle 13 of the Rio Declaration, in as much as it aims at providing for public liability insurance for the purpose of providing immediate relief to persons affected by accident occurring while handling any hazardous substance or matters connected therewith or incidental thereto. Under the Act, any person handling any hazardous substance is required to take out insurance policies so that he is insured against liability to give relief in case of death or injury to a person, or damage to any property, arising from an accident occurring while handling any hazardous substance. This Act has been enacted subsequent to the Bhopal Gas leak disaster where MIC leaked from the plant of Union Carbide India Ltd. and caused the death of over 3000 persons and serious injuries to a large number of others.