Question

In which landmark case did the Supreme Court of India recognize the principle of Absolute Liability in environmental law, stating that enterprises engaged in inherently dangerous activities are strictly liable for any harm caused to the environment?

• A. M.C. Mehta v. Union of India (Oleum Gas Leak case)
• B. Vishaka v. State of Rajasthan
• C. State of Himachal Pradesh v. Ganesh Wood Products
• D. Charan Lal Sahu v. Union of India

Hint:

The M.C. Mehta v. Union of India case is a key case in environmental law, as it introduced the concept of Absolute Liability for hazardous industries, which was later extended to various sectors.

Answer 1

The Correct Option is A

In the M.C. Mehta v. Union of India case, commonly known as the Oleum Gas Leak case, the Supreme Court of India established the principle of Absolute Liability. The Court held that industries engaged in inherently dangerous activities, such as the production of Oleum gas, are strictly liable for any damage caused to the environment, regardless of whether or not they were negligent. This landmark ruling laid the foundation for environmental protection in India.

Answer 2

Case Background:
The principle of Absolute Liability in Indian environmental law was established in the landmark case of M.C. Mehta v. Union of India, commonly known as the Oleum Gas Leak case. This case arose in 1985 following a hazardous gas leak from the Shriram Food and Fertilizer Industries in Delhi, which caused serious health hazards to the surrounding population.

Facts of the Case:
A writ petition was filed by environmental lawyer M.C. Mehta in the aftermath of the gas leak, seeking action against the company responsible for the incident and compensation for the victims. The incident involved the leakage of oleum gas, which is highly toxic and affected many people, including the death of an advocate in the Tis Hazari Court.

Judgment and Principle of Absolute Liability:
The Supreme Court of India, in this case, laid down the doctrine of Absolute Liability, marking a significant evolution from the earlier English principle of Strict Liability laid down in Rylands v. Fletcher.

The Court held that:
- If an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone due to an accident in the operation of such activity, the enterprise is absolutely liable to compensate all affected persons.
- This liability is non-delegable and absolute, even if the harm occurred without any negligence on the part of the enterprise.
- The enterprise is under an obligation to ensure that no harm is caused, and must bear the cost of any damage resulting from its activity.

Significance:
This judgment laid the foundation for environmental jurisprudence in India and imposed a higher standard of liability on industries involved in hazardous operations. It emphasized the importance of protecting public health and the environment over industrial interests.

Conclusion:
The principle of Absolute Liability in environmental law was recognized in the case of M.C. Mehta v. Union of India (Oleum Gas Leak case), making it a landmark judgment in Indian legal history for environmental protection and industrial accountability.