An activist, while being semi-nude, allowed her body to be used as a canvas to paint on by her two minor children who were properly clothed. She uploaded this video of hers on an online platform with a message that she intended to normalise the female form for her children and not allow distorted ideas about sexuality to pervade their mind. An advocate who sees the video, registers a case of Obscenity against her. Is it a case of Obscenity as per the Community Standards Test?
On 7th May 2020, a major leakage of Styrene gas was reported from the plastics-manufacturing plant 'LG Polymers' located on the outskirts of the Visakhapatnam city. The accident took place when the cooling system of a polymers plant got clogged due to the mismanagement of factory workers and resulted in turning the city into a gas chamber. The gas which leaked was styrene gas, which is a ‗hazardous chemical‘ under Rule 2(e) plus Entry 583 of Schedule I of the Manufacture, Storage and Import of Hazardous Chemical Rules 1989.
Principle 1: Polluter Pays Principle
The 'Doctrine of Polluter Pays' is a well-established principle of environmental law, which places an obligation of compensating the damage to the people who ought to reimburse it and also have the capacity to disburse it. The principle explicitly affirms that the person who damages or destructs the environment has the absolute obligation to bear the cost of ameliorating the environment. In Enviro Legal Action v. Union of India case, the Apex Court of India held that the polluter is legally responsible to reimburse the individual sufferers as well as pay for the revitalization of the damaged environment.
Principle 2: Principle of Strict Liability
The principle of Strict Liability was established in the year 1868 in the case of Rylands v. Fletcher, where the Court held that any person who uses his/her land in an 'unnatural manner' and who keeps any 'hazardous substance' on such premises would be held liable under the principle of strict liability for any 'damage' occurred on the 'escape' of such perilous substance. However, the person is liable only when there is non-natural use of land; the principle also restricts liability when the escape is due to an act of strangers, Act of God, for example a natural calamity; due to the person injured or when it happens with the consent of the person injured or with statutory authority.
Principle 3: Principle of Absolute Liability
The absolute liability is a stringent form of Strict Liability as it is devoid of any exceptions that were mentioned under the earlier principle. for the first time in the case of M.C. Mehta v. Union of India. This principle implies that whenever an enterprise is engaged in any dangerous or hazardous activity that threatens the people working in the enterprise and those living nearby, it owes an absolute and non-delegable duty to the community that no harm will be caused. If harm is indeed caused, the enterprise will have to compensate for damages, and can‘t use exceptions provided in the case of strict liability. The enterprise can‘t claim that the harm has not been caused due to negligence (absence of due care) or that it had taken all reasonable precautions.
A company ABC limited operates an industrial chemical plant in the city of Azad Nagar. Due to an earthquake on July 22, 2020, the valves of the reactors in the plant get damaged due to which the operators could not properly transport the hazardous gas for chemical vaporisation, resulting in the gas leakage. The gas leakage resulted in the death of 12 workers of the plant and also some people living nearby the Plant. In this situation, in order to decipher the liability of ABC Limited, choose the best option:
Correct Answer :
ABC Limited can be held liable under the Polluter Pays Principle and the Principle of Absolute Liability, but can be exempted under the rule of Strict Liability.
Solution :
The correct option is: ABC Limited can be held liable under the Polluter Pays Principle and the Principle of Absolute Liability, but can be exempted under the rule of Strict Liability.
Let us analyze the legal principles provided in the passage step-by-step and apply them to the given fact situation:
1. Application of the Principle of Strict Liability (Principle 2):
Under the rule established in Rylands v. Fletcher, a person bringing or keeping a hazardous substance on their premises is liable if it escapes and causes damage. However, Strict Liability allows certain specific exceptions, such as an "Act of God" (natural calamities like earthquakes) or acts of strangers. In the present scenario, the leakage occurred due to an earthquake on July 22, 2020. Since an earthquake is a natural calamity (Act of God), ABC Limited can claim exemption under the Principle of Strict Liability.
2. Application of the Principle of Absolute Liability (Principle 3):
Established in M.C. Mehta v. Union of India, Absolute Liability applies to enterprises engaged in inherently dangerous or hazardous activities. This principle is absolute and non-delegable, meaning it permits no exceptions (not even an Act of God, absence of negligence, or taking reasonable precautions). Therefore, despite the earthquake causing the leak, ABC Limited is strictly and absolutely liable to compensate for the deaths and harm caused to the workers and nearby residents.
3. Application of the Polluter Pays Principle (Principle 1):
The 'Polluter Pays Principle' dictates that the entity responsible for environmental damage and harm must bear the financial cost of repairing the damage and compensating individual victims. Since the gas leak from ABC Limited's industrial plant resulted in fatalities and environmental harm, the company is obligated to pay compensation under this principle.
Conclusion:
ABC Limited can be exempted from liability under the rule of Strict Liability due to the "Act of God" (earthquake) exception. However, it remains fully liable under the Principle of Absolute Liability (which permits no exceptions) and the Polluter Pays Principle.
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