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Developing a Remedy: Indian Courts Should Remedy the “Slow Violence” of the Bhopal Industrial Disaster Consistent with International Law

Introduction

Developing a remedy: indian courts should remedy the “slow violence” of the bhopal industrial disaster consistent with international law. Explore how Indian courts can use international law to provide a remedy for the Bhopal industrial disaster's 'slow violence,' ensuring justice for victims.

Abstract

Review

This paper, titled "Developing a Remedy: Indian Courts Should Remedy the 'Slow Violence' of the Bhopal Industrial Disaster Consistent with International Law," proposes a timely and critically important intervention regarding the protracted suffering caused by the Bhopal disaster. The title clearly signals an ambitious project to provide a legal framework for redress, specifically urging Indian courts to take proactive action. The central innovative aspect appears to be the application of the concept of "slow violence" to understand the ongoing, diffuse harms of the disaster, moving beyond an event-centric view towards a recognition of decades of unaddressed injustice. The article's primary strength, as inferred from its title, lies in its proposed interdisciplinary approach, marrying critical theory ("slow violence") with practical legal reform. By framing the Bhopal disaster through this lens, the author likely aims to highlight the inadequacies of conventional legal remedies that often focus on immediate harm, thereby opening avenues for more comprehensive and ongoing compensation or remediation for victims. Furthermore, grounding the proposed remedies in international law suggests a robust theoretical basis and an attempt to elevate the discourse beyond national specificities, potentially drawing on principles of human rights, environmental justice, or corporate accountability to inform domestic judicial practice. The direct address to "Indian Courts" positions the work as highly actionable and relevant to policy and judicial reform within India. However, without access to the abstract, it is challenging to fully assess the precise methodology, the specific arguments advanced, and the scope of the legal analysis. Based solely on the title, key questions arise that a well-crafted abstract would typically clarify: What specific international legal instruments or principles does the author invoke, and how are these translated into actionable remedies within the Indian legal system? Furthermore, how does the paper operationalize "slow violence" in a manner that can be legally adjudicated, particularly concerning the evidentiary challenges of proving such diffuse and prolonged harm? A comprehensive review would also seek to understand the author's engagement with existing legal frameworks in India concerning industrial disasters and environmental justice, and how the proposed remedies address their perceived shortcomings, including potential challenges in their practical implementation.

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