Is absolute liability applicable in India?
In India, absolute liability is a standard of tort liability that stipulates: In other words, absolute liability is strict liability without any exception. That liability standard has been laid down by the Indian Supreme Court in M.C. Mehta v.
What is absolute liability and strict liability?
Strict liability, also known as absolute liability, is the legal doctrine that assigns responsibility for damages or injuries even if the person or company that was responsible for the damage or injury was not at fault or negligent.
When did the principle of absolute liability originate in India?
Background. The Supreme Court, in the M.C. Mehta vs Union of India 1987, found strict liability principle inadequate to protect citizens’ rights and replaced it with the absolute liability principle. This judgement came on the Oleum gas leak case of Delhi in 1986.
What is an example of an absolute liability Offence?
Absolute liability offences are the least serious of the three categories. For example, flying truck wheel provisions under the Highway Traffic Act and the failure to have an insurance card for a vehicle under the Compulsory Automobile Insurance Act are absolute liability offences.
What is absolute liability in environmental law?
According to the rule of absolute liability, if any person is engaged in an inherently dangerous or hazardous activity, and if any harm is caused to any person due to any accident which occurred during carrying out such inherently dangerous and hazardous activity, then the person who is carrying out such activity will …
In which case does absolute liability evolved?
\M.C. Mehta v Union of India
How Absolute Liability Evolved? The rule of absolute liability was evolved in the case of \M.C. Mehta v Union of India. This was a very important landmark judgment that brought in a new rule in the history of the Indian Law.
What is meant by the term absolute liability?
“Absolute liability is liability without fault – liability for which there is no excuse. “In other words, absolute liability is imposed upon certain conduct, regardless of whether or not such conduct is negligent.
What is absolute liability rule?
What is the role of PIL for environmental cases?
The Indian judiciary adopted the technique of public interest litigation for the cause of environmental protection in many cases. In PIL a public spirited individual or organization can maintain petition on behalf of poor & ignorant individuals. …
Who gave absolute liability theory?
The property to make anyone absolutely liable for the fault and imposition of high retraction make these liability as absolute liability. The rule of Absolute liability was laid down by the Honourable Supreme Court of India in the case of M.C. Mehta V UOI2 and Bhopal Gas Leak3 case.
What are exceptions of absolute liability?
Scope of Rule of Absolute Liability In most of the places, the rule of strict liability and absolute liability are seen as exceptions in the law. And the individual is held liable only when he/she is at fault. But, in such cases, the individual could be held guilty even if he is not at fault.
Is there absolute liability for environmental harm in India?
Absolute Criminal Liability for harm to the environment: The basis of criminal liability for environmental harm is the causing of nuisance to the public, which is also conceived in India under Section 268 of the Indian Penal Code.
How is the principle of absolute liability applied in India?
Understanding this principle, it was applied in the M.C. Mehta Case. Thus, it can be said that the principle of Absolute liability evolved in India primarily because of the awakening created by the Bhopal Gas leak Tragedy and Oleum Gas Case.
What is the rule of absolute liability for environmental law?
The ‘polluter pays’ principle is essentially an extension of the rule of absolute liability making the polluter liable to pay the cost of restoration of the environment. It has found statutory acknowledgment in many common law countries. This principle has also been recognized by the Supreme Court of India in the Oleum Gas Leak case.
How is absolute liability used in common law?
Absolute liability is a principle that has done away with the exceptions provided with under the Rylands rule. Here, by virtue of the thing in question being so inherently dangerous that an escape would cause widespread harm, the principle absolute liability has been introduced in many common law countries including India.