Further, as was laid down in the case of M.C. R.K. Bangia: Law of Torts(23rd edition). Rogers, Winfield And Jolowicz Torts, 8th ed. Mehta v. Union of India where the Supreme Court held that there can be no defence available for the act done; the defendant would be liable for the act. It was held by the court that the “settlement cannot be assailed as violative of Mehta principle which might have arisen consideration in a strict adjudication. The following modifications in the existing doctrine of the case of Rylands v. Fletcher led to the doctrine of absolute liability that prevented the defendants of M.C. When the term “non-natural” is to be considered, it should be kept in mind that there must be some special use, which increases the danger to others. With due respect to the choice of words and application of principle by the National Green Tribunal vide its order in the aforesaid matter, we believe that the principle of Absolute Liability should have been applied instead of Strict Liability. Express Explained is now on Telegram. For now, the area has been made completely secure.  Nidhi Raman & Ritesh Kumar, Crime Without Punishment Conundrum Of Vicarious Liability In Criminal Law, LIVE LAW, (May 9, 2020), www.livelaw.in/columns/crime-without-punishment-conundrum-of-vicarious-liability-in-criminal-law-156491. The families of innocent people who lost their lives should be the utmost priority of the state. She is liable only when there is non-natural use of land; the principle also restricts liability when the escape is due to an act of strangers, of god, due to the person injured, when it happens with the consent of the person injured or with statutory authority. ?????????????? 3) That thing escaped and, • According to the District Collector statement, ‘styrene monomer is normally in a liquid state and is safe below 20 degrees Celsius. The 2010 Act deals with instituting civil liability for nuclear damage and granting prompt compensation to victims of a nuclear incident. We also reiterate here the promise that our team of reporters, copy editors, fact-checkers, designers, and photographers will deliver quality journalism that stays away from vested interest and political propaganda. Also, one cannot feel inhibited by this rule which was evolved in the context of totally different social and economic structures”. Many lawyers are of the view that NGT should have used the term Absolute Liability instead of strict liability while giving reference to the principle in its order in the case of Vizag Gas Leak. John Rylands, a textile entrepreneur, was looking to supply water for his mill located in England’s coal-rich Lancashire area. • It has emerged with MC Dowell & Co. of the UB Group in 1978, then taken over in 1997 by South Korea based LG Chem. The Collector, thereafter, shall serve notice upon the owner and after hearing the parties, shall hold an inquiry of the claim and may determine the amount of compensation which appears just to the Collector. This is known as the principle of “no-fault liability.” Under these rules, the liable person may not have done the act, but he’ll still be responsible for the damage caused due to the acts. In order to submit a comment to this post, please write this code along with your comment: 0ec6fabde399e19c7e5becba8e9121ca. Hours after the styrene gas leaking, scores of people could be seen lying unconscious on sidewalks, raising fears of a major industrial disaster. The rule of strict liability, which has been applied around the world in both civil and criminal law, first evolved in the 1868 British case Rylands vs Fletcher. ... With this, we need a proper legislation to improvise, plan, and bring out to us a law that could be used for such emergencies. Visakhapatnam gas leak case also referred to as the Vizag gas leak case was an industrial accident that occurred at the LG South Korean Multinational company polymer plant on the outskirts of Visakhapatnam, Andhra Pradesh during the early morning of Thursday nearly 2.30 am there is a term given to this hour called wee hour. In India, legal opinion turned in favour of adopting a more stringent rule, especially after the Bhopal gas tragedy of 1984. (2010). This order was challenged in the Supreme Court. However, the Indian Supreme Court in the Oleum gas leak case, viz. The National Green Tribunal's order on Friday in the Visakhapatnam gas tragedy found LG Polymers prima facie liable under the 19th century English law principle of “strict liability”, which was made redundant in India by the Supreme Court in 1986. The defendant will be made liable under the strict liability rule no matter what. company, which renamed it as LG polymers. On May 07, 2020, around 3:45 a.m, Styrene, a hazardous gas got leaked from a chemical factory owned by the South Korean Company named LG Polymers India Pvt Ltd, situated at R.R. Strikingly, the principle of Strict liability was overturned by the Supreme Court of India in the distinguished decision of MC Mehta v. Union of India, 1987 SCR (1) 819, whereby the Apex Court evolved the concept of no-fault liability, formally known as the principle of ‘Absolute Liability’to remedy the undeserved suffering of thousands of Indian citizens. The liability arises not because the defendant is negligent, but because-, 1) There was a non- natural user of the land. The rule of Strict Liability was laid down in the case of Rylands v. Fletcher and therefore this rule is also termed as ‘Rule in Rylands vs. Fletcher’ but due to some exceptions as provided under this rule, the rule of Absolute liability was laid down. We try our level best to avoid any misinformation or abusive content. The Hindu has always stood for journalism that is in the public interest. Further, the escape is not essential under the latter doctrine, thereby meaning that even if any hazardous substance does not leak from the industry but causes harm to the workers inside, the enterprise may be held absolutely liable. (6) L.R. Required fields are marked *. “If any harm results on account of such activity, the enterprise must be absolutely liable to compensate for such harm irrespective of the fact that the enterprise had taken all reasonable care and that the harm occurred without any negligence on its part,” Justice Bhagwati wrote. Rogers, Winfield And Jolowicz Torts, 8th ed. (4) However, facts of the case concerning the environmental purview contradict Mr. Choi’s statement. 248, W.V.H. “The court found that strict liability, evolved in an 1868 English case called Rylands versus Fletcher, provided companies with several exemptions from assuming liability. Click here to join our channel (@ieexplained) and stay updated with the latest.  Radhika Roy, Vizag Gas Leak: SC Agrees To Permit 30 Personnel From LG Polymers To Access The Chemical Plant, LIVE LAW, (May 26, 2020), https://www.livelaw.in/top-stories/vizag-gas-leak-sc-agrees-to-permit-30-personnel-from-lg-polymers-to-access-the-chemical-plant-157327. The famed common law jurist, Justice Blackburn, who was among the judges who heard the case, defined the strict liability principle as follows: “the person who, for purposes of his own, brings on his land, and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, he is prima facie answerable for all the damage which is the natural consequence of its escape.”. Inter alia, the courts even in those cases where a single death is reported and there is no mass destruction of property or pollution of the environment can uphold Absolute Liability.
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