DOCTRINE OF ABSOLUTE LIABILTY & CRITICAL STUDY OF ITS IMPACT ON INDUSTRIES
AUTHOR – SHISHIR RAJ, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS
BEST CITATION – SHISHIR RAJ, DOCTRINE OF ABSOLUTE LIABILTY & CRITICAL STUDY OF ITS IMPACT ON INDUSTRIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1381-1395, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The paper delves deeply into the intricate evolution and profound significance of absolute liability within legal frameworks, with a particular focus on its application in the context of gas leak incidents in India. Commencing with a comprehensive examination of fundamental legal doctrines such as strict and absolute liability, the paper navigates through seminal cases like Rylands v. Fletcher and M.C. Mehta v. Union of India to elucidate the nuanced development and practical application of these doctrines. Utilizing a doctrinal research methodology, the study meticulously dissects the concepts of strict and absolute liability, meticulously analyzing their ramifications in the realm of gas leak cases. This meticulous approach aims to offer a thorough understanding of the legal principles at play, thereby providing valuable insights into their practical implications and societal ramifications.
A critical aspect of the paper is the discernment of key distinctions between strict and absolute liability. While both doctrines embody a form of liability without fault, absolute liability stands out for its uncompromising nature, devoid of any possibility for defendants to invoke defenses. This stark contrast underscores the severity and rigidity of the legal standard under absolute liability, emphasizing its pivotal role in ensuring accountability and justice, particularly in cases involving hazardous activities. Moreover, the paper underscores the imperative for the modernization of legal frameworks to effectively address contemporary challenges, especially in light of rapid industrialization. By shedding light on the necessity for legal evolution, the paper highlights the dynamic nature of jurisprudence and the ongoing need for adaptive legal doctrines to uphold societal values and protect public interests. Central to the narrative is the pivotal role of the Indian judiciary in embracing absolute liability as a means to foster accountability and justice. Through landmark decisions and progressive interpretations of legal principles, the judiciary has played a central role in shaping the trajectory of legal discourse, particularly in the realm of environmental and constitutional law. In conclusion, the paper portrays absolute liability as a cornerstone of contemporary legal discourse, reflecting society’s evolving demands for accountability and justice. By offering a comprehensive exploration of its evolution and significance, the paper underscores the enduring relevance and profound impact of absolute liability within the broader spectrum of legal frameworks.