Wednesday, 2 February 2022

Absolute liability

  Absolute liability 

(The rule in M.C Mehta v. Union of India 1987 in this case there was a leakage of oleum gas from one unit of Shriram foods and fertilizers industries in the city pf Delhi which belongs to Delhi Ltd. The gas leakage was happening from 2 December 1984 and till that it had caused huge problem to the public at large. 

Similar to it there was one more case, Of gas leakage that was Bhopal gas this was the second scale pf large scale leakage pf deadly gas in India, as a year earlier due to the leakage of large MIC gas from the Union Carbide plant where more than 3,000;’1`people had died and lacs. Of others were subjected to serious disease of various kinds.

The supreme court held that it's an absolute liability case, but the court took bold decision holding that it was not bound to follow the 19th century rule of English tort law now because it will evolve a rule suitable to the social economic condition prevailing in India at present day so in the case court deny the application of strict liability. The court evolve its own new rule of 'Absolute Liability' as a part of Indian law in preferences to the rule of strict liability which was laid after the case Rylands v. Fletcher.

In the case the judge Bhagwant, C.J., observed in this co text that rule in (Rylands v. Fletcher) which evolved in the 19th century at a time when all these developments of science and technology had not taken place cannot afford any guidance in evolving any standard of liability consistent with the constitutional norms and the needs of the present-day economy and social structure. We do not feel inhibited by this rule which was evolved in the context of a totally different kind of economy. Law has to grow in order to satisfy the needs of the fast-changing society and keep abreast with the economic developments taking place in this country. As new situations arise, the law has to be evolved in order to meet the challenge of such new situations. Law cannot allow our judicial thinking to be constrained by reference to the law as it prevails in England or for the matter of that in any other foreign legal order.

Due to this the judge evolve new absolute liability since we in India can't hold our hands back and venture to evolve a new principal of liability which h English court not yet applied till now.

  • In the absolute liability it says that if any enterprise (for profit organisation) having any dangerous substance or any hazardous activity are involved in and due to of such things present in the factory causes any problem or damage. 

  • It also says that any escape in absolute liability is not necessary which it doesn't mean that if the dangerous things doesn't go out then only can create problem it can be happen within the factory or can escape out. If it happens within the perimeter of the factory then the workers can file case against the owner or in charge of that under the absolute liability.

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