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.
Under which of the following principles, will the company LG Polymers be liable?
Correct Answer :
All of the above
Solution :
The correct answer is All of the above.
To determine the legal liability of LG Polymers for the styrene gas leakage, let us analyze the applicability of each of the given principles based on the facts provided:
1. Polluter Pays Principle (Principle 1):
This principle dictates that the party responsible for damaging or polluting the environment must bear the absolute obligation to compensate for the harm caused to individuals and fund the restoration of the damaged environment. Since LG Polymers caused the gas leakage resulting in widespread harm, the company is liable under this principle to reimburse the victims and pay for environmental restoration.
2. Principle of Strict Liability (Principle 2):
Strict liability applies when a person brings a hazardous substance onto their land in an "unnatural use" of the land, and that substance escapes causing damage. Here, LG Polymers stored styrene gas (a hazardous chemical) and its escape caused severe harm. Since none of the exceptions to strict liability (such as an Act of God or act of a stranger) apply—as the leakage was due to mismanagement of the cooling system by factory workers—the company is liable under Strict Liability.
3. Principle of Absolute Liability (Principle 3):
Absolute liability applies to enterprises engaged in inherently dangerous or hazardous activities (such as plastics manufacturing involving toxic chemicals like styrene gas). Under this principle, the enterprise owes an absolute and non-delegable duty to ensure no harm is caused to the community. It allows no exceptions, and the enterprise cannot claim an absence of negligence or reasonable precautions. Therefore, LG Polymers is strictly and absolutely liable without any defense.
Since the company's liability is sustained under all three principles individually and collectively, LG Polymers will be liable under All of the above.
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