PROJECT

ENVIRONMENTAL LAW
On
RELEVANCE OF ABSOLUTE LIABILITY PRINCIPLE IN
INDIA: A CRITICAL ANALYSIS

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 TABLE OF CONTENTS

S No. Particulars Page No.

4. Introduction 03

5. Research Methodology 04-05

Research Question 04

Objectives of the Study 04

Sources of data collection 04

Scope and Limitations of the Study 04

6. Chapterisation 05

Chapter - 1 05-06

Chapter - 2 06-07

Chapter - 3 07-08

7. Conclusion and Suggestions 09

8. Bibliography 10

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 INTRODUCTION

The principle of Absolute liability is a tortious, civil law

concept which has been encompassed into the sphere of environmental law and constitutional
principle. For understanding the evolution and development of absolute liability principle, it is
vital to look into the concept of strict liability as the former principle has its foundational backing
from the latter concept. The principle of absolute liability, in gist, associates to an individual
involved or engaged into some dangerous or hazardous activity, which eventually results into
causing harm to the public and environment regardless of their intention to commit a harm or
irrespective of their knowledge of their actions leading to commission of the harm or wrong1.
The principle of absolute liability has evolved and developed over a period of time with the aid
of other analogous concepts of torts and thence, the principle of absolute liability stands
independent and distinguished. In India the principle of absolute liability was originated in the
judgement of the landmark case of MC Mehta v. Union of India. Modifications were made in the
doctrine of another landmark judgement of Rylands v. Fletcher which led to development of the
principle or rule of absolute liability. Therefore, the rule of absolute liability could be also
described as the principle of strict liability without the exception part. The rule of absolute
liability restrains or prevents the defendants from taking any defense and makes the
compensation of damage mandatory.

RESEACH METHODOLOGY

The research and study of this project work has been executed by referring to the secondary data
present in the internet. Certain legal points and data has been taken from the site of National
Green Tribunal and from the site of Ministry of Environment, Forest and Climate Change. Other
information has been taken from relevant websites.
The study work has been concluded after analyzing the data and information from various
sources and site to reach a conclusion with reference to the project topic.

1
“Rebecca Furtado, Concept of Strict Liability and Absolute liability, Ipleaders, Jul 5, 1016.
https://blog.ipleaders.in/concept-strict-liability-absolute-liability/#:~:text=According%20to%20the%20rule
%20of,carrying%20out%20such%20activity%20will.”

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Research Question
· To study about the principle of absolute liability.
· To know and understand the relevance of absolute liability in India.
Objectives of the study
· The main focus and objective of this project work is to study and understand the principle
of absolute liability.
· To understand how it evolved indigenously and its relevance in present day context and
· To study about various laws related to environment,

Sources of data collection

This project work required analysis of various articles and case laws. The information and data
for carrying out the study has been taken from the internet with the help of article, news and case
laws related to the topic.

Scope and limitation of the study

Every work and research have its own limitations and same is the case with this project work.
Also, due to this unprecedented situation of coronavirus the scope of this study has been limited
to the limited resource present in internet and also due to the time constraint.

Organization/Chaptersation of the study

Chapter 1-
· Rule of Strict Liability
· Principle of Absolute Liability.

Chapter 2-
· Major Environmental Laws in India.

Chapter 3-
· Relevance of the Principle of absolute liability in India.

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 · Relevant Case laws.
· Conclusion.

CHAPATERISATION

CHAPTER 1- RULE OF STRICT LIABILITY

The Rule of strict liability was developed in the landmark case of Rylands v, Fletcher. The
comprehension of this rule was for the very first time was made in the House od Lords in 1868.
“We think that the rule of the law is that the person who for his own purposes brings on his lands
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, is prima facie answerable for all the damage which is the natural
consequence of its escape.” Under the strict liability rule if the hazardous or dangerous substance
escapes the premises by an act of god or by an accident then the defendant is not liable or under
compulsion to pay for the damages. However, under the absolute liability principle, the
defendant cannot claim any kind of exemption and the compensation of damage is mandatorily
irrespective of the fact whether or not the harm was caused by negligence or not.

THE PRINCIPLE OF ABSOLUTE LIABILITY

As it has been mentioned earlier that the rule of absolute liability was developed in the case of
MC Mehta v. Union of India in 1985 and it was also upheld in the case of Bhopal Gas Tragedy.
These are the most landmark judgement of absolute liability and also popularly referring case in
Environmental Law. According to the principle, “If an industry, enterprise or corporation
engages in an inherently dangerous activity for commercial benefit and that activity is capable of
causing catastrophic harm or damage, the industry officials are obligated to compensate the
aggrieved parties. The industry cannot say that it took all required safety precautions and that
there was no negligence on their part. The defendants will not be allowed any exemptions and
neither can they take up the defense of Act of God2.”

2
“Harshdeep Singh, Absolute Liability: A journry from Strict Liability, Legal Bites, May 24, 2018.

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The facts of the MC Mehta v. UOI case are that, the oleum gas from a food and fertilizer
industry leaked on December 4th and 6 th, 1985 in a specific area of Delhi. Many people were
harmed as a result of the leak. The apex court while deciding the case held that the rule of strict
liability is insufficient. Thence, the Supreme Court then based the rule of absolute liability on the
rule of strict liability, stating that the defendant must be responsible for the harm incurred
regardless of the strict liability exceptions. Therefore, held liable and made the compensation for
damage mandatory. The principle of absolute liability laid down in this case was also upheld in
the case of Bhopal Gas Tragedy. Also, the Parliament of India passed the Public Liability
Insurance Act in 1991, to make sure that the people suffering of such disaster and accident gets
quick and speedy relief through insurance.

CHAPTER 2 MAJOR ENVIRONMENTAL LAWS IN INDIA

The preservation and conservation as well as the sustainable use of natural and renewable use of
resource is the need of the hour and the same is expressed and reflected in our constitution. India
is also a member to various international conventions on environmental protection like United
Nations Framework Convention on Climate Change (UNFCCC) and is also internationally
Committed to Nationally Determined Contribution Targets. According to the Part IVA of the
Indian Constitution, Article 51A of the Fundamental Duties, delegates a duty on every citizen to
protect the environment and have compassion for every living being 3. Part IV Article 48 of the
Constitution which mentions about DPSPs underlays that the state shall safeguard the forests and
wildlife and protect and improve environment. According to the Part III, Article 21 of the
constitution, every citizen has a right to live in a clean and healthy environment. The below
mentioned are the major environmental laws presently active in India:
· The National Green Tribunal Act, 2010.
· The Environment Protection Act, 1986.
· The Wildlife Protection Act, 1972.
· The Forest Conservation Act, 1980.
· The Biological Diversity Act, 2002.

https://www.legalbites.in/absolute-liability-journey-strict-liability/.”
3
“Shramanadani Bedi, A full depth Understanding of strict liability and absolute liability with reference to case
laws, legal Service India.
http://www.legalservicesindia.com/article/2155/Strict-and-Absolute-Liability.html.”

6
 · The Public Liability Insurance Act, 1991.
· The Air (Prevention and Control of Pollution) Act, 1981.
· The Water (Prevention and Control of Pollution) Act, 1974.
· The Costal Regulation Zone Notification.
· The Hazardous Waste Management Regulation.
All the above-mentioned acts ensure the safeguarding of the environment and looks for its
conservation and it also prevents contamination and pollution of air and water. The Acts have
placed restrictions on certain human actions to ensure that they do not result in the abuse and
exploitation of natural resources. All the acts are related to one another and are interdependent
and complementary to one another.
The Ministry of Environment, Forest and Climate Change was established in 1985, and it is now
the country's top administrative body in charge of overseeing and maintaining environmental
protection, as well as establishing the legal and regulatory framework. Since the 1970s, a number
of environmental regulations have been in place. The Ministry of Environment, Forest and
Climate Change (MoEF) and the Central Pollution Control Board (CPCB) and State Pollution
Control Board (SPCB) all together form the administrative and regulatory body.

CHAPTER 3 - RELEVANCE OF THE PRINCIPLE OF ABSOLUTE LIABILITY IN

INDIA

There is a remarkable relevance of the Principle of Absolute Liability India. The old rule of strict
liability for making the defendant liable was insufficient and inappropriate keeping in mind the
High Industrialization growth. The outdated rule of strict liability was suitable for the low
industrial developing country and as the economy grows the need for a new and stringent law is
vital. In India, land is mostly used for agricultural purposes and hence it is pertinent to use big
water tanks for irrigation. And the is not the case in United Kingdom where the rule of strict
liability was laid down. Therefore, it is not suitable for Indian perspective. Also, the rule was laid
down in 19th Century and is incompetent for 21st century as the economical and social situation is
completely different. Thence, it was vital to make laws according to the need of present situation.
▪ The National Green Tribunal Act of 2010 was enacted with the objective to organize a
setup i.e., The National Green Tribunal (NGT) for quick and expeditious disposal of

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 cases related to environment and also for safeguarding and protecting the environment
and other natural resources4.
· The National Green Tribunal Act has incorporated the principle of absolute
liability. According to the Section 17 of the NGT Act, the Tribunal shall
administer the principle of absolute liability even in the cases where the disaster is
caused by an accident and not by the negligence.
▪ The Public Liability Insurance Act, 1991 was introduced with the objective of
administering quick relief to the victims of environmental disaster accidents which
occurred because of handling and administrating of a hazardous and dangerous substance.
The main aim of this act is to provide a fund for compensating the victims.

RELEVANT CASE LAWS

Below mentioned are the landmark cases where the principle of absolute liability was upheld:
· In the case of MC Mehta v. Union of India, the apex court in the year 1987 was
handling with the claims of leakage of oleum gas from Shriram foods and
fertilizers industries in Delhi on the night of 4th and 6th December. Because of the
leakage many people were affected and several others lost their lives also. A suit
was filed under article 32 i.e., through writ petition against the industry. The
bench which was hearing the case refused to adhere to the rule of strict liability
which is an English law and was laid down by the House of Lords. Then the
Judges laid down the principle of absolute liability.
· The Union Carbide Corporation v. Union of India, popularly known as the Bhopal
Gas Tragedy case, the principle of absolute liability which was laid down in the
case of MC Mehta v. Union of India was upheld in this case. The disaster took
place in the intermediate night of 2nd and 3rd December 1894. The gas which
leaked from the Union Carbide Company was the Methyl-iso-cyanide (MIC) gas
which is a poisonous gas and it led to a huge disaster because thousands of people

4
“Chandani Arora, Vaibhav Suppal, India: Vishakhapatam Gas Leak Debade, Mondaq, Jun 14, 2020.
https://www.mondaq.com/india/environmental-law/952232/visakhapatnam-gas-leak-debacle-a-rejuvenation-of-
no-fault-liability39-conundrum-.”

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 lost their lives and the effect of the gas could be seen in present day also. Apart
from this there was major loss to the flora and fauna and to the property. The apex
court applied the principle of absolute liability and held the company liable and
made the compensation of damage mandatory
· In the case of Indian Council for Enviro-legal Action v. Union of India, In the
year 1996 a writ petition was filed under article 32 through Public Interest
Litigation. The petitioners were protesting because of the continuous growth of
industries because of which there was substantial damage to the environment and
also it was imposing a threat on the lives of the residents of that village. Article 21
i.e., the right to life and liberty of the Indian Constitution was in violation because
the environment was unclean and they were unable to live in a healthy
environment. The apex court ordered the Pollution Control Board and the Central
Government to take proper measures against the industry. The court while
upholding the Principle of absolute liability stated that the earlier condition should
be restored. The expense for the same must be incurred by the industries only.
Hence, the principle of absolute liability was applied.

“The Principle of Absolute Liability can also be upheld by the courts in case of a single
death without any mass destruction of property or pollution of the environment”.

· This was applied in the case of Klaus Mittelbachert v. East India Hotels Ltd., The
plaintiff in this case suffered major injuries after he dived into the swimming pool
of the five-star restaurant. After the investigation it was discovered that the
swimming pool was poorly constructed and it had insufficient amount of water.
Because of the injury the plaintiff was paralyzed which eventually led to his
death. The court passed the judgement that the Five-star hotel charges hefty
amounts because it is a five-star hotel and therefore the degree of care towards its
guests increases. The court held the hotel absolutely liable and made the payment
of damages mandatory.

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 CONCLUSION AND SUGGESTION

As it has been mentioned so far that the principle of absolute liability has been indigenously
developed and earlier the defendant had the option to seek for the exceptions. However, this rule
was declared insufficient and it made the compensation or payment of damage mandatory for the
defendant. The main reason behind the evolution of this rule was the unstoppable growth of
industrialization because of which the earlier rule was considered redundant. The principle of
absolute liability has a great relevance in present day scenario as the cases related to
environmental laws are increasing day by day and the apex court and the government has to take
strict measure to protect and conserve the environment. It is important to make changes in the
law according to the changing times. The principle of absolute liability is applicable in various
laws relating to environmental issues and compensation of damages. Apart from making the
payment of the damages compulsory there should be more stringent laws for regulating the
Industrial laws.

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 REFERENCE

“Chandani Arora, Vaibhav Suppal, India: Vishakhapatam Gas Leak Debade,

Mondaq, Jun 14, 2020.
https://www.mondaq.com/india/environmental-law/952232/visakhapatnam-gas-
leak-debacle-a-rejuvenation-of-no-fault-liability39-conundrum-.”

“Shramanadani Bedi, A full depth Understanding of strict liability and absolute liability with reference to
case laws, legal Service India.
http://www.legalservicesindia.com/article/2155/Strict-and-Absolute-Liability.html.”

“Rebecca Furtado, Concept of Strict Liability and Absolute liability, Ipleaders, Jul 5, 1016.
https://blog.ipleaders.in/concept-strict-liability-absolute-liability/#:~:text=According%20to
%20the%20rule%20of,carrying%20out%20such%20activity%20will.”

“Harshdeep Singh, Absolute Liability: A journry from Strict Liability, Legal Bites, May 24, 2018.
https://www.legalbites.in/absolute-liability-journey-strict-liability/.”

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