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Liability: Bhopal gas tragedy

 Absolute Liability in Bhopal Gas: Missed Opportunity

It is important to note that the MPHC applied the absolute liability principle laid down in the

Shri Ram Fertilisers case* but when the appeal reached the Supreme Court, the court did not

apply this principle and settle for a relier or 54/0 million. This invited much criticism on

grounds that the compensation amount was not sufficient to satisfy the victim's needs and

Most importantly, the court missed the opportunity to set a strone precedent. In 1990

while adjudicating Charan Lal Sahu V Union of india, the court reaffirmed the absolute liability

principle in the Bhopal Gas Disaster Act. 1985 and subsequent legislation. These included

Public Liability insurance Act 1991 and the NGT Act, 2010.

What ought to have been if SC had applied Absolute Liability principle

One of the important arguments raised by the UCC before all courts was that the leak had

occurred due to the employees negligence and the company cannot be made wholly liable

for such a high compensation amount. Had the SC applied the Absolute Liability principle

then ULl would not have been able to dilute the imposition or strong liability on grounds that

it was not at fault. This is because under the absolute liability doctrine, liability is imposed just

on the basis that the person or enterprise has got an inherently dangerous activity on a land

It is immaterial whether the person exercised due care or acted in a bona fide manner, he

would still be liable because the wrong arose from him undertaking such a dangerous

operation. The implications of applying this principle in Bhopal case would have resulted in Compensation damages w

could have been substantially higher- Compensation under

the absolute liability is imposed proportionally to the defendant's capacity to dav

Ignorance of leakage would not have been a valid defe

UCC would not have been able to pass the blame on employee's negligence or non

aral use of land- The District of Bhopal had relied on this argument by the

defendant to hold that the compensation amount was not justified

UCC would not have been able to claim the defence of due care, or acting in bona

Tide manner

It would have lowered the burden or proof on the victims and increased it for the

defendant to diminish their liability.

Strong Precedent for safe industrial practice- Bhopal Gas tragedy was an

unprecedented case and had the highest number of victims in the history of India from

a gas leakage. Had absolute liability principle being applied,. the new industries would

have adopted high standards to ensure industrial safety and taken extra measures to

comply with public health policy in order to avoid or limit the imposition of absolute

liability in case of future hanhazardness.
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