Absolute liability
Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Beyond NCERT
Meaning
Absolute liability is a rule laid down by the Supreme Court in M.C. Mehta v. Union of India (1987). Under this rule, a firm doing hazardous (dangerous) work is fully responsible for any harm it causes. It cannot escape by claiming any exception. The bigger and richer the firm, the more compensation it must pay. The rule protects people living near dangerous industries.
Example
The case arose from the oleum gas leak in Delhi, which came to the court through M.C. Mehta's environmental PILs. The Court held that a firm handling such dangerous material must pay for all the harm caused, whatever the reason for the leak.
Don't confuse with
- Strict liability: under this older rule, a firm doing dangerous work is liable but can still use certain exceptions to escape. Absolute liability allows no exceptions.