ABSOLUTE LIABLITY
Wrongs of absolute liability imposes a kind of liability on a person which is somewhat peculiar in the sense that a person becomes liable without there being any fault on his/her part. It is absolute, meaning thereby, that it is not necessary for the injured party to prove any intention or negligence on the part of the injuring party, and no amount of care and caution expended by the latter to prevent the damage done to the former will excuse him. It is the fundamental principle of law that “Sic utere tuo ut alienum non laedas”(means : Enjoy your own property in a such a manner as not to injure another persons ) But there are certain occasions and activities, by which there are chances of causing harm or injury to the useful peoples For example Factories.
The Supreme Court in M. C. Mehta v Union of India (1987) recognized another rule (Rule of absolute liability) in which the liability was absolute, more stringent than that under the Strict Liability rule, and also not subject to the exceptions to the rule in Rylands v Fletcher.
In M. C. Mehta case, there was leakage of oleum gas from one of the units of Shriram Food and Fertiliser Industries in the city of Delhi on 4th and 6th December 1985 resulting in the death of an advocate practising in a Court and all the ill effects caused damage to various other persons. There was claim of compensation through a writ petition filed in the Supreme Court by way of public interest litigation. The Court found that victims of the leakage of dangerous substances could not be provided relief by applying the Rule of Strict Liability laid down in Rylands v Fletcher. This was so, mainly because of the various exceptions to that rule, whereby the defendant could avoid his liability. In this background, the Supreme Court held that it was not bound by the rule of English law formulated in a different context in the 19th century, and evolved a new rule, the Rule of Absolute Liability.
ESSENTIAL OF ABSOLUTE LIABLITY
Dangerous Thing / Hazardous Substances
Escape is not necessary
Enterprise – for profit organisation
Mischief
In most of the places, the rule of strict liability and absolute liability are seen as exceptions in the law. And the individual is held liable only when he/she is at fault. But, in such cases, the individual could be held guilty even if he is not at fault. After the catastrophic accident of Oleum Gas Leak case the act of The Public Liability Insurance Act, 1991 was introduced with the main purpose of providing immediate relief to people who are victims of the accident in which handling of hazardous substances is involved.
The agenda behind this act was that the act will create a public liability insurance fund which will eventually be used for the purpose of compensating the victims. Hazardous Substance under this act is defined as any substance which by reason of its chemical or any properties is liable to cause any damage to human beings, other living creature, plants, microorganism, property or to the environment. The term handling is described in section 2(c) of the Public Liability Insurance Act,1991 which is the clear expression of the rule of absolute liability laid down in M.C Mehta vs Union of India.
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