LIJDLR

THE CORPORATE VEIL AND ENVIRONMENTAL HOMICIDE: PIERCING THE SHIELD OF CORPORATE IMPUNITY IN ENVIRONMENTAL DISASTERS

Prachi Milind Satpute, Assistant professor at School of law, G. H. Raisoni University, Amravati (India)

Dr. Komal Namdevrao Khajone, Assistant professor at School of Law, G.H. Raisoni University Amravati (India)

The doctrine of corporate personality, firmly established by the House of Lords in Salomon v A. Salomon & Co. Ltd. (1897), grants companies an independent legal existence distinct from their shareholders and directors. This corporate veil serves as a fundamental pillar of modern corporate law, encouraging entrepreneurship and investment by limiting personal liability. However, when the shield of separate legal personality is exploited to evade accountability for environmental destruction causing mass casualties, the doctrine confronts an existential moral and legal crisis. This research paper critically examines the intersection of the corporate veil doctrine and environmental homicide, defined as corporate conduct resulting in large-scale environmental disasters that cause death, grave injury, and ecological devastation. Drawing upon landmark Indian and international jurisprudence including the Bhopal Gas Tragedy, the Shriram Oleum Gas Leak, the Vizag LG Polymers disaster, and the Sterlite Copper plant controversy, this paper interrogates the adequacy of existing statutory and judicial frameworks in piercing the corporate veil to hold parent companies, directors, and key managerial personnel criminally and civilly liable. The paper concludes with actionable recommendations for legislative reform, including the codification of environmental homicide as a distinct corporate offence, mandatory environmental liability insurance, and the strengthening of parent-subsidiary accountability mechanisms.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 3166–3185.
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