Introduction:

The principle of Absolute Liability holds that an enterprise that is engaged in a hazardous or inherently dangerous industry is liable for any harm caused to the people or property, irrespective of the fact that the enterprise had taken reasonable care and caution. It is a form of strict liability that imposes liability on the offender without proving negligence or fault. The principle was introduced in India by the Supreme Court in the case of MC Mehta v. Shri Ram Foods and Fertilizers Limited.

MC Mehta v. Shri Ram Foods and Fertilizers Limited:

In 1986, a gas leak occurred in the premises of Shri Ram Foods and Fertilizers Limited in Delhi, which resulted in the death of several people and caused severe injuries to many. MC Mehta, an environmental activist, filed a public interest litigation in the Supreme Court of India seeking compensation for the victims and the restoration of the environment.

The Supreme Court held that the enterprise was engaged in a hazardous and inherently dangerous industry, and therefore, it was liable for the harm caused to the people and property. The Court observed that:

- The enterprise had the resources and the expertise to avoid the harm caused.
- The victims were not aware of the potential danger posed by the enterprise.
- The enterprise had derived benefits from its activities, and therefore, it should bear the cost of the harm caused.

The Court held that the principle of strict liability should be replaced with the principle of absolute liability in cases involving hazardous and inherently dangerous industries. The Court also ordered the enterprise to pay compensation to the victims and take measures to restore the environment.

Significance:

The introduction of the principle of absolute liability in India was a significant development in the field of environmental law. It shifted the burden of proof from the victims to the enterprises and ensured that they bear the cost of the harm caused by their activities. The principle has been applied in several cases involving hazardous and inherently dangerous industries, such as nuclear power plants, chemical factories, and oil refineries.

Conclusion:

The case of MC Mehta v. Shri Ram Foods and Fertilizers Limited led to the introduction of the principle of absolute liability in India. The principle holds that enterprises engaged in hazardous and inherently dangerous industries are liable for the harm caused to the people and property, irrespective of the fact that they had taken reasonable care and caution. The principle has been a significant development in the field of environmental law and has ensured that the burden of proof is shifted from the victims to the enterprises.