NO FAULT LIABILITY IN ENVIRONMENT PROTECTION ACT

Bindu KshtriyaM.Pharm (DRA)

Dept of Pharmaceutical Sciences, MDU

CONTENTS:❖ Introduction❖ Environment protection act, 1986❖ Objectives❖ No fault liability❖ Strict liability❖ Absolute liability❖ References

Environment :

"Environment" includes water, air and land and the inter- relationship which

exists among and between water, air and land, and human beings, other living

creatures, plants, micro-organism and property

Pollution :

❖ "environmental pollution" means the presence in the environment of any environmental pollutant;

❖  "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;

ENVIRONMENT PROTECTION ACT, 1986

EPA,1986 is the most comprehensive act on the Indian statute book relating to Environment Protection. It is a general legislation for the protection of environment.

It was enacted under article 253 of the constitution. The world community’s resolve to protect & enhance the environmental quality found expression in the decisions taken at the United Nation Conference on the Human Environment held in stockholm june, 1972

OBJECTIVES

❖ To implement the decisions made at the U.N. Conference

❖ To enact general law on Environment protection❖ To coordinates activities of the various

regulatory agencies❖ To provide deterrent punishment who endanger

human environment

“Polluters Pay” and “Precautionary Principle”:

Indian Council for Enviro - Legal Action v. Union of India,

"The Polluter Pays" principle"Once the activity carried on is hazardous or inherently dangerous, the person carrying on such activity is liable

to make good the loss caused to any other person by his activity irrespective of the fact whether he took

reasonable care while carrying on his activity. The rule is premised upon the very nature of the activity carried

on".

The "Polluter Pays" principle as interpreted by the Court means that the absolute liability for harm to the

environment extends not only to compensate the victims of pollution but also the cost of restoring the

environmental degradation.

Vellore Citizens Welfare Forum v Union of India

"The Precautionary principle”In simple terms mean environmental measures to anticipate, prevent the causes of environmental

degradation“.

In these two cases court has accepted that the "Polluter Pays" principle and the Precautionary principle are essential features of “Sustainable

Development”

Corporate Environmental liability

No Fault liabilityOr

Rule of Ryland v Fletcher

Liability without any fault, to the situations when a person may be liable for some harm even though he is not negligent in causing the same, or there is

unintentional harm, or sometimes he may have made some positive efforts to prevent the same, liability in such situation rests on a person engaging in an

ultra hazardous activity from which injury to others is likely to result, notwithstanding his reasonable care should pay for the damage..This is the

Rule of strict liability or the Rule of Rylandsv Fletcher.However, this rule applies only to non-natural user of land and is subject to

some exceptions.

STRICT LIABILITYAccording to this, if a person brings on his land

& keeps there any dangerous thing, i.e. a thing which is likely to do mischief if it escapes, he will be prima facie answerable for the damages caused by its escape even though he had not been negligent in keeping it there. Since in such a case the liability arises even without any negligence on the part of the defendant, it is known as the rule of strict liability.

3 ESSENTIALS FOR THE APPLICATION OF THE RULE

❖ Some dangerous thing must have been brought by a person on his land

❖ The thing thus brought by a person on his land must escape

❖ It must be non-natural use of land

Exceptions to the rule

❖ Plaintiff’s own default❖ Act of god❖ Consent of the plaintiff❖ Act of third party❖ Statutory authority

ABSOLUTE LIABILITY

In this, an enterprise which is engaged in a hazardous or inherently dangerous activity & harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, is strictly or absolutely liable to compensate all those who are affected by the accident.

In other words, absolute liability is strict liability without any exception. This liability standard has been laid down by the Indian Supreme Court in M.C. Mehta v. Union of India ( Oleum gas leak case)

Oleum Gas leak Case

M.C. Mehta and Another v. Union of India and others.On the question of liability of an enterprise engaged in

hazardous activities, that an enterprise which is engaged in hazardous or inherently dangerous activity and an industry which poses a potential threat to the

health and safety of the persons working in the factory and of those residing in the surrounding area owes an absolute and non-delegable duty to the community to ensure that no harm results to any one on account of an hazardous or inherently dangerous nature of the

activity which it has undertaken.SC took a bold initiative and evolved the concept of

‘Absolute Liability’

BHOPAL GAS CASEOn December 2/3, 1984, a mass disaster was

caused by the leakage of Methyl Isocyanate & other toxic gases from a plant set up by the Union Carbide India Ltd. for the manufacture of pesticides, etc. in Bhopal.

It results in the death of at least 3,000 persons & serious injuries to a very large no. of others.

In 1998, the Supreme Court of India reached a settlement with Union Carbide:

They had to pay 470 million US Dollars to the Indian State.

At that time Union Carbide made a turnover of about 9.5 billion dollars, 20 times that amount. In return, there would be no further prosecution.

REFERENCES:

❖ En.m.wikipedia.org❖ www.legislation.gov.uk❖ www.bmhrc.org>bhopal gas tragedy❖ Envis.mse.ac.in>OLEUM GAS LEAK CASE