Absolute Liability: The Rule of Strict Liability in Indian Perspective
Absolute Liability: The Rule of Strict Liability in Indian Perspective
1. Strict Liability - The Basic Concept
Strict Liability means that a person or company engaged in a hazardous or inherently dangerous activity is liable for any harm caused by that activity regardless of fault or negligence.
Originally derived from the English case Rylands v. Fletcher (which we won’t directly quote but the principle is similar), it means:
If you keep something dangerous on your land and it escapes causing damage, you are liable even if you took all precautions.
2. Absolute Liability - The Indian Innovation
Indian courts recognized that the old strict liability rule was not enough in cases involving hazardous industries.
The principle of Absolute Liability was developed by the Indian judiciary to impose an even higher standard of liability on enterprises engaged in hazardous or inherently dangerous activities.
Absolute liability means:
The enterprise is 100% responsible for any harm caused by its hazardous activity.
There are no exceptions or defenses like “act of God”, third party interference, or contributory negligence.
The company cannot escape liability by proving that it had taken reasonable care.
3. Why Absolute Liability?
India is a developing country with many hazardous industries (chemical factories, oil refineries, etc.).
If a hazardous industry causes an accident, the consequences can be disastrous to life and environment.
Strict liability under English law had exceptions, but Indian courts wanted stronger protection for the public.
Hence, the rule of Absolute Liability was laid down.
4. Key Case: M.C. Mehta v. Union of India (The Oleum Gas Leak Case)
Facts: A chemical gas (Oleum gas) leaked from a factory in Delhi owned by Shriram Food and Fertilizers Ltd.
The leak caused danger to nearby residents.
The company claimed they were not negligent and took precautions.
The Supreme Court rejected this defense.
Judgment:
The Court held that industries engaged in hazardous activities owe an absolute and non-delegable duty to ensure no harm comes to the public.
The principle of strict liability was not enough because it allowed some defenses.
Therefore, the Court introduced Absolute Liability in India:
No exceptions allowed.
Enterprises must be fully liable for any accident arising out of their hazardous activities.
5. Principles of Absolute Liability in India (from the case):
Liability is absolute and unlimited in amount.
It applies only to hazardous or inherently dangerous industries.
No exceptions or defenses are allowed.
The enterprise must compensate all victims regardless of fault or negligence.
It is a non-delegable duty — the company cannot shift responsibility to others.
6. Difference Between Strict Liability and Absolute Liability
| Aspect | Strict Liability | Absolute Liability |
|---|---|---|
| Exceptions Allowed | Yes (act of God, third party, etc.) | No exceptions allowed |
| Degree of Liability | Limited | Unlimited and absolute |
| Applies to | General hazardous activity | Hazardous or inherently dangerous industries only |
| Defense Possibility | Yes, certain defenses possible | No defense possible |
| Origin | English common law principle | Indian judiciary innovation |
7. Other Related Case: Indian Council for Enviro-Legal Action v. Union of India
Reaffirmed the principle of Absolute Liability.
Held that industries causing environmental damage and hazards must be strictly and absolutely liable.
Emphasized compensation to victims and prevention of harm.
8. Summary
Absolute Liability is a uniquely Indian doctrine developed to protect citizens from harm caused by hazardous industries.
It places complete responsibility on hazardous industries for any damage caused by their activities, with no defenses.
This rule is stricter than the traditional Strict Liability rule.
The landmark case M.C. Mehta v. Union of India is the foundational case for this principle in India.
It balances industrial development with public safety and environmental protection.
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