JUDGMENT : 1. This writ petition, under Article 32 of the Constitution of India, arises out of implementation of certain orders made by this Court for interim relief to the victims of what has come to be known as the Bhopal Gas Tragedy. 2. On 12.3.1990 when the Review Petitions were pending before this Court, the Union of India came forward with a scheme for payment of interim relief to the victims of the exposure. to the MIC gas at Bhopal. This step was in recognition of the obligation of the State which had taken over the right of action of the individual victims and had assumed to itself as parens patriae the exclusive right of action against the tort feasors. Indeed, this Court in Charan Lal Sahu & Ors. v. Union of India, ( 1990 1 SCC 613 at 692) while upholding the Legislation held that the obligation to take care of the victims till such time as the compensation was finally, determined was implicit in the statutory scheme. It was observed: "... The Act should be construed as creating an obligation on the Central Government to pay interim relief as the Act deprives the victims of normal and immediate right of obtaining compensation from the Union Carbide. Had the Act not been enacted, the victims could have and perhaps would have been entitled not only to sue the Union Carbide themselves, but also to enter into settlement or compromise of some sort with them. The provisions of the Act deprived the victims of that legal right and opportunity, and that deprivation is substantial deprivation because upon immediate relief depends often the survival of these victims. In that background, it is just and proper that this deprivation is only to be justified if the Act is read with the obligation of granting interim relief or maintenance by the Central Government until the full amount of the dues of the victims is realised from the Union Carbide after adjudication or settlement and then deducting therefrom the interim relief paid to the victims..." 3. In the affidavit dated 12.3.1990 filed in this Court the Union Government stated: "(2) ...the Central Government has been deeply concerned about the continuing miseries of lakhs of people of Bhopal who were affected by the gas leak disaster which took place on December 3, 1984 and has been conscious of the fact that no meaningful financial r, assistance has been given to the victims of this biggest chemical disaster of the world even 5 years after the event. The Government of India are also conscious of and alive to their Constitutional obligation and duties towards the victims under Articles 38, 39, 39A and 47 inter alia of the Constitution and seek to effectuate the same. (3) Accordingly the Government of India have decided to give pro tempore financial to assistance to the victims in the form of interim relief..." (4) The Government of India have decided to give interim relief to all the residents of the 36 severely affected wards of Bhopal who were there on the night of the disaster. This decision to cover all the residents has been taken because there is a likelihood of long term health damage to all persons who were exposed to the MIC and other toxic gases. 2 (5) Government of India have now decided to pay an amount of Rs. 200/- per month per person for a period of three years as interim relief...." 4. This scheme was referred to by this Court and made part of the order of this Court dated 13.3. 1990 in I.A. No. I in W.P. No. 11708/1985. A decision was taken by the Union Government to administer the scheme of interim relief with effect from 1.4.1990 for a period 2 of three years, i.e., upto 31st March, 1993. Shri Shanti Bhushan, learned senior counsel, says that it now transpires that the number of eligible persons exceeds 5 lakhs originally estimated and those in excess of that number cannot be denied the benefit only on no other reason that the distribution did not start with them but was started from the other end and by the time these persons could be reached, the allocation of fund was found insufficient. 3 5. Sri V.R. Reddy, learned Additional Solicitor-General contends that the scheme was not an open ended scheme and was intended and estimated to cover a maximum of 5 lakh persons. 3 5. Sri V.R. Reddy, learned Additional Solicitor-General contends that the scheme was not an open ended scheme and was intended and estimated to cover a maximum of 5 lakh persons. Indeed, learned Solicitor-General refers to para 5 of the affidavit dated 12.3.1990 of the Union of India indicating the limits of the scheme -- limited by the availability of funds -- and that the scheme should be evolved within its inherent constraints. The portion of the affidavit of 3 12.3.1990 relied upon by Sri Reddy reads: ".... This would cover all the residents of the 36 severely affected municipal wards, as stated hereinabove, and will be paid to minors and adults at the same rate. Based on estimated population figures, it would appear that there were about 5 lakh people in the area on the night of the disaster and all these people need to be assisted through the scheme of interim 4 relief. Regular monthly payments will be made to the victims through the scheduled nationalised/co-operative banks which have branches in these wards. Through this scheme of interim relief it would be ensured that the victims would continue to get regular assistance over a period of time, and this would help them to meet their medical expenses and earn their basic livelihood on a continuous basis. The disbursement will be implemented through 4 the administrative machinery of the Government of Madhya Pradesh. For the purpose of providing such interim relief, the Government of India have sanctioned the disbursement of an amount of Rs.360 crores. The amount is being released shortly and payments through the Banks will start at the earliest." This no doubt, indicates a fund-frame within which the benefit under the scheme was intended to be made available. But that does not mean that if the number of eligible and entitled beneficiaries exceeds 5 lakhs, the persons in excess of that figure could be arbitrarily excluded. In such a case some relevant, logical and rational criteria should be evolved to select 5 lakh persons. The criteria could, perhaps, be differences in the economic status of the beneficiaries, 5 6. It transpires that the number of eligible beneficiaries exceeds 5 lakhs. The petitioner avers that such number in excess is almost I lakh persons. This may be so. The criteria could, perhaps, be differences in the economic status of the beneficiaries, 5 6. It transpires that the number of eligible beneficiaries exceeds 5 lakhs. The petitioner avers that such number in excess is almost I lakh persons. This may be so. Indeed, in the affidavit filed by the State of Madhya Pradesh dated 8.7.1992 in these proceedings, it is stated: "That the State Govt. was entrursted with the responsibility of identifying the eligible persons in the 36 wards in the month of April, 1990. The understanding was that all the to eligible persons would be paid. Initially, a figure of 5 lacs was identified as the probable population based on available census data. That the State Govt. of Madhya Pradesh started the process of identification of the eligible persons in the month of May 1990 and completed it by June 1991. The process ended in identification and verification of a total of about 6,00,100 persons as being eligible to receive is the interim relief payments. However, with the funds released by the Govt. of India, actual payments could commence. only in 5,00,000 cases. Consequently, in the other cases, only the verification process has been completed, payments have not commenced." 7. But then learned Additional Solicitor-General said that the payments under the scheme are not unconditional but the payments are merely "on account" payments liable to be deducted 20 out of the compensation to be finally determined; that the process of such final disposal of the claims has seriously commenced and that at this point of time when the period of 3 years of the scheme has almost run out, there is no point in going through the motions of payment and immediate recovery of the sums upon final adjudication. 8. What emerges from the above position is that a large segment of eligible beneficiaries 2 who were put at risk by exposure to the lethal gas on the fateful night, is not paid the interim compensation. The stand of the Union of India is, indeed, not one of denial of the entitlement of these persons to the interim relief. 8. What emerges from the above position is that a large segment of eligible beneficiaries 2 who were put at risk by exposure to the lethal gas on the fateful night, is not paid the interim compensation. The stand of the Union of India is, indeed, not one of denial of the entitlement of these persons to the interim relief. The stand is that the scheme itself was intended to be a temporary scheme for a period of three years from which more than two years were over, that the work of quantification of the compensation in these cases has commenced and that 3 in view of the fact that whatever is paid under the interim relief, is ultimately to be recovered from the amount finally determined, we should not interfere at this stage. It is urged that any exercise at this stage would lead to this that what is paid today might become recoverable very shortly. It then depends on how soon final compensation could be expected to be determined in these cases. Here the track record of the process of determination of compensation appears ?' discouraging. It would appear that so far only in 2000 cases quantification has come to be made as submitted by learned Additional Solicitor-General. From the submissions no prospect of acceleration of the process in the immediate futures can be predicated. We desired to know what steps are being taken to accelerate this process of disposal of the large number of claims now pending. On a correct appreciation of the possibilities in this behalf, it will be possible 4 to appreciate the contention of the Union Government which is that the payment of arrears would not be appropriate inasmuch as the same has to be recovered immediately in the near future, We adjourn this matter by two weeks to have this matter examined so that we will be in a position to decide whether the entire arrears should be ordered to be paid or not. 9. However, this makes no difference to the obligation to pay the interim relief at least 4. from the date of the filing of this application and to continue to pay the interim relief till the scheme lasts. 9. However, this makes no difference to the obligation to pay the interim relief at least 4. from the date of the filing of this application and to continue to pay the interim relief till the scheme lasts. We direct the Union Government to pay the arrears to all those who were found entitled to interim relief irrespective of the limitation of the number of 5 lakh persons, such interim relief as is paid to others namely Rs.200/- per month from 1st March, 1992. The arrears upto 31st August, 1992 shall be paid within two months from today. Interim relief from 1st September, 1992 shall be paid regularly till the scheme lasts or the adjudication on the claim is made whichever event happens earlier. The matter is adjourned by 2 weeks.