Environmental Norms

In the case of M.C. Mehta v. Union of India 24 (Oleum gas leakage case) Justice Bhagwati came up with the absolute liability principle. In this case the leak of oleum gas from the factory injured several Delhi citizens. Justice e Bhagwati used this opportunity to develop the concept of Absolute liability, which replaced the strict liability of Rayland’s v. Fletcher. In this judgment by Bhagwati we could see the judicial activism of the highest order. Bhagwati held that strict liability rule evolved in the 19th century and that “law has to grow in order to satisfy the need of the fast – changing society and keep abreast of the economic developments taking place in the country”. He goes on to say “we no longer need the crutches of a foreign legal order… we in India, cannot hold back our hands and I venture to evolve new principles of liability which English courts have not done ”. Justice Bhagwati also observed that law has to grow in order to satisfy the fast changing society and keep abreast of the economic developments taking place in the country.

 

It applies to an enterprise that is engaged in inherently dangerous or hazardous activity.
*The duty of care is absolute
* The exception to the strict liability developed in the Rayland v. Fletcher is not applicable.
* The liability is on the enterprise rather than on the company (a point well taken from the Bhopal gas tragedy)
* The larger and the greater the industry greater should be the compensation payable.
The transition from the strict liability to absolute liability is considered to be an example of “constitutionalisation of the tort law”.