While comments made by the police and the company about styrene not being fatal in regular course have already made it to the media, Supreme Court advocate Karuna Nundy warns that a full and proper assessment of the effects of the gas leak remains to be made, and that alone should be the basis for compensation: “It is still the golden hour of evidence. One needs to look at this unique articulation of the Supreme Court as a result of the realisation that modern industries pose serious risk to people and environment at a wider and deeper scale, and therefore such a situation demands exceptional legal principle. The said report further highlights a number of serious health implications due to exposure to Styrene such as gastrointestinal effects, impacts on the central nervous system (CNS), hearing loss, and peripheral neuropathy. The people had hardly recovered from the shock of this tragedy when, within two days, another leakage occurred, though this time a minor one, due to the escape of oleum gas from a pipe’s joints, after which the claims for compensation were filed, for the people who had suffered damage as a result of Oleum Gas escape, by the Delhi Legal Aid & Advice Board and the Delhi Bar Association. This Article was surely useful and meaningful . Furthermore, in cases where a fundamental right violation is gross and affects large-scale people or people who are disadvantaged and backward, the court has held that it has the power to offer remedial relief. Whether ‘Shriram’ could be considered to be a ‘State’ within the ambit of Article 12? The Ryland v. Fletcher rule was applied in this case. rule was applied in this case. Not only this, it has also served notices to the State Pollution Control Board, Central Pollution Control Board (CPCB), Union Ministry of Environment Forests, and Climate Change (MoEFCC). The main provisions set up by the government were: Through these conditions have been formulated with respect to the report of the (Manmohan Singh Committee and Nilay Choudhary Committee) to ensure that there is continued compliance with safety standards and procedures so that the potential hazard and risk of workers can be reduced to minimal. It is also necessary to remember that, in keeping with subsequent rulings of the Supreme Court in this matter, the death toll would not be applicable to the determination of liability. The case set a precedent for all the industries to establish more stringent safety measures. In the Vizag leak the Indian company LG Polymers India Pvt. An important lesson India learnt from the Bhopal Gas Tragedy was that multinational corporations (MNCs) must be held liable. Rohatgi contended that it had not been possible to do so and post 1st June that the report was accepted. Whether the rule of Absolute Liability or Ryland v Fletcher is to be followed? The idea of continuous Environment Impact Assessment (EIA) as advocated by Judge C.G. Therefore, in this case, the court applied the principle of absolute liability. The decision had to be made in such a manner so as not to hinder the economic development of the country and also to ensure justice for the victims. We shall systematically discover all of it in the following article. The incident took place in the LG Polymers India Pvt. However, the NGT observed in the order that the situation attracted the principle of “strict liability”, “leakage of hazardous gas at such a scale adversely affecting public health and environment, clearly attracts the principle of ‘Strict Liability’ against the enterprise engaged in hazardous or inherently dangerous industry “. He was of the view that the risk or danger factor towards the public can only be hoped to be reduced by taking all the measures required to position these industries in an environment where the public is least vulnerable and the safety requirements are maximized in such industries. Subscribe to Live Law now and get unlimited access.  Manufacture, Storage and Import of Hazardous Chemical Rules,1989. The principle of strict liability, as invoked in this case, evolved in 1866 in Rylands v. Fletcher  UKHL 1. Although the question of whether a private corporation fell within the ambit of Article 12 of the Constitution of India was not finally decided by the court, it stressed the need to do so in the future. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. While foreign companies can most certainly be taken to court in India, the logistics of compensation and prosecution are more complex than for a domestic company – whether this will see the central government try to step in remains to be seen. An affirmative answer to this question is more probable than not. Know the Law Vizag Gas Leak: 'Strict Liability' Or 'Absolute Liability'? These payments, however, are ex gratia payments by the state government, and entirely separate from LG Polymers’ liability. The Supreme Court on Thursday directed the National Green Tribunal (NGT) to defer its hearing on the Visakhapatnam gas leak case till the top court further hears the … The court noted that, in addition to issuing guidance, new approaches and methods designed to enforce fundamental rights could be developed under Article 32 and the Supreme Court. At the outset, the Vizag gas leak incident necessitates progressive regulatory tools. According to the guidelines laid down by Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 for running an industry, it has been specifically given that an industry processing petro-chemical has to go through two levels of clearance to function which at the first level involves clearance from Ministry of Environment Forest and Climate Change (MoEF) and at the second level involves consent from the State Pollution Control Board which in turn has to be renewed in every five years. Weeramantry of the International Court of Justice in Gabcikovo-Nagymaros Project case demands serious and urgent attention in this regard. First, the legislator has not used the term 'strict liability'. The Supreme Court held that the case should be referred to a larger bench because the questions raised involve substantial law issues relating to the interpretation of, and 32 of the Constitution. Change ), You are commenting using your Twitter account. What updates do you want to see in this article? Had the residents in the nearby area been informed of the potential risks associated with the industry? Visakhapatnam gas leak case: Andhra HC grants bail to LG Polymers CEO, other accused The Andhra Pradesh High Court on August 4 granted bail to LG Polymer's CEO Sunke Jeyong, director DS Kim, Operations Additional Director PP Mohan Rao and eight other accused in Vizag's LG polymer gas … The reforms brought by this case can be seen from the latest case of the Vizag Gas Leak Case where LG Polymers would be held responsible and there is no requirement to show that the leak was caused by negligence.
Navy Values New, Used Gle 350 4matic For Sale, Life Has Taught Me Alot Quotes, Bentley Flying Spur 2020 Price, Condos For Sale In New Berlin, Wi, Colorado Department Of Revenue Dmv, Black And White Snapchat Logo, Sony Ht-zf9 Specs, 2018 Toyota Tundra Programmer, Ian Mckellen Movies, My Route Online, Ford Galaxy 2002, Happier Camper Traveler, Crème Caramel History, Duke Of Desire, What Is Trellis Netting, Dr Patel Neurologist Lansing, Mi, Sonoma Valley Wine, Fervor Meaning In Tagalog, Southampton Family History Society, Sherwood School District Mo, What Is The Greatest Lesson You've Ever Learned Essay, First Generation Camaro Forum, Aafc Local Food Infrastructure Fund, Mitsubishi Lancer 1992, Growing Eggplant In Pots, 50 Gallon Electric Water Heater Short,