Legal Explainer: The Doctrine of Absolute Liability in Indian Law
Legal Explainer: The Doctrine of Absolute Liability in Indian Law
The Doctrine of Absolute Liability is a stricter version of the Rule of Strict Liability, which holds an entity fully responsible for any damage caused by its hazardous activities, without any exceptions or defenses. This principle is particularly applied in cases involving industrial accidents and environmental hazards.
Key Features of the Doctrine:
- No Defenses Allowed:
- Unlike strict liability, defenses such as act of God, plaintiff’s fault, or third-party intervention are not permitted.
- Industries Handling Hazardous Substances:
- Companies engaging in activities involving dangerous materials are automatically liable for any harm caused.
- Protects Public Interest:
- Ensures that victims receive compensation without the burden of proving negligence.
Application in Indian Law:
- Developed by the Supreme Court in response to industrial disasters.
- Ensures corporate accountability for environmental and human safety.
Landmark Judgment:
- M.C. Mehta v. Union of India (1987) (Oleum Gas Leak Case):
- The Supreme Court ruled that enterprises engaged in hazardous activities owe an absolute and non-delegable duty to ensure safety, even without fault.
- This doctrine was formulated post-Bhopal Gas Tragedy (1984) to strengthen industrial liability laws in India.
Significance:
- Enhances public safety by placing full responsibility on industries.
- Ensures swift compensation for victims without lengthy legal battles.
- Strengthens environmental protection laws in India.
The Doctrine of Absolute Liability serves as a powerful legal safeguard against industrial negligence, ensuring that businesses handling hazardous materials bear the full cost of any harm caused.
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