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vizag gas leak case law

vizag gas leak case law

1. 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. Under Strict Liability, compensation is payable as per the nature and quantum of damages caused but in cases of absolute liability, damages to be paid are exemplary and depend upon the magnitude and financial capability of the enterprise. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. The rule of Strict Liability was subject to many exceptions therefore practically very little ruled was left. The NGT observed that the situation in Vizag attracted strict liability. Evidently, Indian legislatures have not been able to cope with the growing number of industries using hazardous substances. J.N. [3] Ironically, it was only after the leakage that LG Polymers equipped the plant with a styrene inhibitor, to prevent styrene leakages. However, the decision of the Madhya Pradesh High Court was challenged by both, UCC and the Union of India. Finding the principle of strict liability woefully inadequate to protect citizens’ right in an industrialized economy like India, the Apex Court formulated the principle of absolute liability. Act of God: Acts which are occasioned by the forced nature and cannot be controlled by the agency of men such as earthquake, lightning, severe frost, storm etc.

4. (10) So, it is clear from the facts that the case of absolute liability seems to be more articulate here. At this difficult time, it becomes even more important that we have access to information that has a bearing on our health and well-being, our lives, and livelihoods. 6,000 is payable, depending on the actual damage.

“The court found that strict liability, evolved in an 1868 English case called Rylands versus Fletcher, provided companies with several exemptions from assuming liability. There are certain specific rules under strict liability and absolute liability where the person is held liable even at places where he is at no fault. Hours after the styrene gas leaking, scores of people could be seen lying unconscious on sidewalks, raising fears of a major industrial disaster. However, he added that the leak may have happened due to the release of excess heat following auto polymerisation. The act covers every industry, public or private, which handles hazardous substances the Act incorporates the ‘no-fault’ liability standard. For now, the area has been made completely secure. The principle of strict liability evolved in the year 1868 in the case of Rylands Vs. Fletcher,has become obsolete now with the evolution of the ‘absolute liability’ principle. The decision was passed by a Constitutional bench of the Supreme Court in the aftermath of the Oleum gas leakfrom one of the units of Shriram Foods & Fertilizers Industries in Delhi in the year 1985, causing significant detrimental health effects to the local population. (H) course at Jamia Millia Islamia, New Delhi, and is particularly interested in Indian Constitutional Philosophy and Criminal Jurisprudence.

* The moderation of comments is automated and not cleared manually by, Copyright © 2020 The Indian Express [P] Ltd. All Rights Reserved, Explained: Strict liability rule that NGT wants to apply in Vizag gas leak case, AliExpress to TikTok to PUBG Mobile: Full list of all Chinese apps banned in India so far, England will tour India for 4 Tests, 3 ODIs, 5 T20Is: Sourav Ganguly, How art restoration could, at times, do more harm than good, RBI's proposal to grant corporates banking licence has 'fingerprints of Modi govt': Chidambaram, Covid-19 review meet: PM Modi urges CMs to bring down fatality rate under 1%, Mamata Banerjee: Amit Shah’s lunch at tribal home cooked at 5-star hotel, Paswan’s Rajya Sabha seat may go to BJP as JD(U) unlikely to back LJP, https://images.indianexpress.com/2020/08/1x1.png, here to join our channel (@indianexpress), The optimal temperature for storage of front-runner Covid-19 vaccines, Cyclone Nivar: How Tamil Nadu is bracing for another storm. Under the spotlight: Gaps in law to deal with mishaps like Vizag gas leak A decade ago, the issue was raised even during discussions on the Civil Nuclear Liability Act, 2010. • According to the District Collector statement, ‘styrene monomer is normally in a liquid state and is safe below 20 degrees Celsius. [4], On May 24, the Andhra Pradesh High Court noted that the reports filed by the Central and State Governments in a joint Writ Petition were silent on several issues and sought the explanation of the same, including, the plant had been operating without a valid environmental clearance; the inhibitor concentration in the storage tank was not checked and refrigeration was not working properly; and directed the seizure of plant premises and restrained its Directors from leaving the country. Lawyers say the term “absolute liability” should have been used instead.

Several suits were filed against UCC in the United States District Court of New York by the legal representatives of the deceased and many of the affected persons for damages. 4) Such escape resulted into damage to the plaintiff.”, The following exceptions to the rule have been recognized by. 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.”. Thus, bringing water into a cistern in a house is natural to use but not water stored in bulk for industrial purposes. This means that land should be brought “some special use bringing with increased danger to others, and must not merely be the ordinary use of the land or such a use as is proper for the general benefit of the community”. The above-quoted words form the essentials for continuing the strict liability of an industry. Vizag Gas Leak: Strict Liability or Absolute Liability? Comes under the category of the act of god. The amount in cases of death or permanent disability is Rs 25,000 along with a maximum of Rs 12,500 towards medical expenses. ?????? But the principle governing these two rules is that a person can be made liable even without his fault.

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