Introduction
The rule of strict liability, originally developed in English law through Rylands v. Fletcher, has been recognized by Indian courts. However, the rule has not been applied frequently in India.
Over time, the Supreme Court of India felt that the rule was not strong enough to deal with modern industrial disasters. As a result, Indian courts developed a stricter rule known as absolute liability.
Meaning / Definition
In India, strict liability means that a person may be held responsible for damage caused by the escape of dangerous substances from their land, even if there was no negligence.
However, courts have also recognized that certain activities, such as storing water for agricultural or irrigation purposes, may not always be considered non-natural use of land in the Indian context.
Modes or Types
Application of Strict Liability in India
Indian courts have accepted the rule of strict liability in principle. However, its use has been limited.
For example, storing water for agricultural or irrigation purposes is generally treated as a natural use of land in India. Therefore, such activities may not attract strict liability.
Development of Absolute Liability
After major industrial accidents, the Supreme Court of India felt that the rule of strict liability was insufficient.
The Court therefore created the rule of absolute liability, which is stricter than strict liability. Under this rule:
- Industries engaged in hazardous (dangerous) activities are absolutely responsible for harm caused by their operations.
- No exceptions are allowed.
- The enterprise must compensate victims for the damage caused.
Important Case Law
M. C. Mehta v. Union of India (Oleum Gas Leak Case / Shriram Industries Case)
In 1985, oleum gas leaked from the Shriram Foods and Fertilizers Industry in Delhi. The leak caused the death of one advocate and injured several others. A public interest litigation (PIL) was filed before the Supreme Court under Article 32 of the Constitution.
The Court held that the rule of strict liability was not sufficient for modern industrial disasters. The Court stated that law must develop according to the needs of society and economic progress.
The Supreme Court therefore introduced the rule of absolute liability. It held that industries engaged in hazardous activities have an absolute and non-transferable duty (duty that cannot be shifted to others) to ensure that no harm occurs.
Union Carbide Corporation v. Union of India (Bhopal Gas Tragedy Case)
In December 1984, methyl isocyanate gas leaked from the Union Carbide plant in Bhopal. Around 2,660 people died and thousands suffered serious injuries. Many victims continued to suffer health problems even in later generations.
The Supreme Court reaffirmed the principle of absolute liability and ordered the company to pay US $470 million as compensation to the victims and their families.
Arun Kumar v. Union of India
In this case, a tigress in a zoo attacked a three-year-old child and injured him seriously. The court held the zoo authorities liable because they had an absolute duty to ensure public safety.
Distinction / Comparison
| Basis | Strict Liability | Absolute Liability |
|---|---|---|
| Origin | Developed in English law | Developed by the Supreme Court of India |
| Exceptions | Several exceptions exist | No exceptions allowed |
| Application | Escape of dangerous things from land | Hazardous industrial activities |
| Liability | Defendant may escape liability through defences | Enterprise is always liable |
Practical Example
A chemical factory releases toxic gas due to an industrial accident. Even if the company claims that the accident occurred without negligence, the company will still be liable under the rule of absolute liability because it is engaged in a hazardous activity.
Summary
- The rule of strict liability has been recognized by Indian courts.
- However, it has been applied rarely in practice.
- Certain activities, such as storing water for agriculture, may not be considered non-natural use of land in India.
- After industrial disasters, the Supreme Court developed the rule of absolute liability.
- Absolute liability applies to hazardous industries and does not allow any exceptions.
- This rule ensures better protection and compensation for victims of industrial accidents.