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Critically evaluate the development of the principle of absolute liability in India with reference to M.C. Mehta v. Union of India.

Posted by jobseeker kashvi | Approved
Answers (2)

The principle of absolute liability in India was established in *M.C. Mehta v. Union of India* after the Bhopal disaster. Unlike the earlier strict liability rule, absolute liability holds hazardous industries fully responsible for any harm caused, without exceptions. This ensures stronger protection for the public and the environment. While it promotes accountability, some argue it may discourage industrial development. Overall, it is a key development in Indian environmental law.

Answered by jobseeker Lavanya Bhardwaj | Approved

The principle of absolute liability was introduced by the Supreme Court in the M.C. Mehta v. Union of India (1987) case after a harmful gas leak from a factory. Unlike the older strict liability rule, which had exceptions like "act of God," the court said that if a company is involved in hazardous activities, it will be fully responsible for any harm caused, no matter what. This was done to protect people and the environment from industrial dangers. The principle encourages industries to be more careful. However, it is also criticized for being too harsh on companies, as it gives them no legal excuse, even in situations beyond their control. Despite this, the rule is important for ensuring public safety and holding industries accountable.

Answered by jobseeker Prerak choudhary | Approved

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