Union Carbide Corporation (UCC) Bhopal vs Union Of India

Union Carbide Corporation (UCC) Bhopal vs Union Of India

Principle:

A state may exercise civil and criminal jurisdiction over its national on the basis that nationality is a mark of allegiance.

Known as Active nationality principle.

Fact:

In 1984 an explosion of a gas tank has occurred as the tank was leaked due to negligence and as a consequence, thousands of people died and suffered many more. The accident has occurred in the factory of Union Carbide Corporation which was a multinational company and it’s headquarter was situated in USA.

India adopted the active nationality principal and sued the company in a court of USA, so that they can claim more money as compensation. But the USA court interpreted in a view of Passive Nationality principal and said the forum is not right to sue the company.

Issue:

Whether it is appropriate to claim damages under Active nationality principle in USA Court by India?

Decision:

The court held that USA is not the proper place to institute this case.

Reasoning:

USA show the cause that, USA is not the correct place as the Indian court may have more evidence and document regarding the incident; they interpreted it with the help of Passive Nationality Principal.

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Rayhanul Islam

The author is an original thinker; often challenges the regular rule of conduct considering various perspective on the basis of scientific reasoning to ensure the peace and prosperity of the society. He works as lawyer and promotes legal knowledge and human right concept to the root level. The author is also a tech enthusiast and web developer, he loves psychology as well. connect me @ https://rayhan.lawhelpbd.com

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