WHY IN NEWS :-
Recently vizag gas leak case happened
www.achieveupsc.co.in
What is strict liability:-
Under the “strict liability principle”, a party is not liable and need not pay compensation if a hazardous substance escapes his premises by accident or by an “act of God’” among other circumstances.
What is absolute liability :-
The Supreme Court, while deciding the Oleum gas leak case of Delhi in 1986, found strict liability woefully inadequate to protect citizens’ rights in an industrialised economy like India and replaced it with the ‘absolute liability principle
Under the absolute liability principle, the apex court held that a company in a hazardous industry cannot claim any exemption..
It has to mandatory pay compensation whether or not the disaster was caused by its negligence.
The court said a hazardous enterprise has an “absolute non-delegable duty to the community
The principle of absolute liability is part of Article 21 (right to life).
