DOCTRINE OF ABSOLUTE LIABILITY AND ITS IMPACT ON INDUSTRIES: A CRITICAL STUDY

The notion of absolute liability replaced the English concept of strict responsibility following the landmark decision in M.C. Mehta v. Union of India in 1987, which is a distinctive development of Indian law. Even in cases where reasonable precaution is taken, this theory holds hazardous companies liable without any exclusions or defences. This dissertation’s main goals are to examine the doctrine’s conceptual development, evaluate its legal underpinnings, and examine its real-world applications to Indian companies, especially with regard to industrial and environmental catastrophe management. The paper uses a doctrinal and analytical approach, critically evaluating the effects of absolute liability on public safety and industrial growth by consulting secondary sources, legislative requirements, and court rulings. It explores the conflict between environmental preservation and economic advancement, paying special attention to incidents like the Oleum Gas Leak and the Bhopal Gas Tragedy, which were pivotal in the development of industrial responsibility in India. The dissertation also looks at how this philosophy affects the operation of Pollution Control Boards and regulatory tools like the Environment Protection Act of 1986. The United States and the United Kingdom, two countries with quite distinct liability systems, are used in a comparison study. The study comes to the conclusion that although the concept of absolute accountability is crucial for safeguarding citizens from industrial dangers in developing nations like India, its implementation frequently suffers from uneven enforcement and postponed justice. In order to improve regulatory compliance and encourage a balance between industrial expansion and sustainable development, the research makes proposals for legal reforms.