Honble court that various units of shriram industries were hazardous to the. Using the databases of the mentioned institutions 7,10,18, and studies analysing the causes of pipe installation failures and gas explosions comp. Union of india, 1983 1 scr 456 and in babdhua mukti mor chas case supra that procedure being merely a handmaden of justice it should not stand in the way of access to justice to the weaker sections of indian humanity and. The results of analysis of the samples collected by the officers of the. Legal aspects of the bhopal gas tragedy legal service india.
Union of india 1987 scr i 819 the oleum gas leak case, the supreme court established a new concept of managerial liability absolute and nondelegable for disasters arising from the storage of or use of hazardous materials from their factories. If a large number of containers are ruptured, treat as a bulk material spillage according to the instructions in the cleanup section. During the leak, nearly 27 tons of mic gas escaped into the air and spread over the heavily populated city. The bhopal gas tragedy is also in a way responsible for the passing of the public liability insurance act, 1991 which provides for compulsory insurance of any unit or factory undertaking a. Oleum is identified by the cas number 8014957 eclist number. This principle of absolute liability in india evolved primarily because of the awakening that the bhopal gas disaster and the oleum gas leak case gave. During the pendency of the petition, there was escape of oleum gas from one of the.
In this leakage one advocate practicing in the hazari court had died and several. Oleum gas leak case on strict liability pdf document. This judgement came on the oleum gas leak case of delhi in 1986. In the case of aerosols being ruptured, care should be taken due to the rapid escape of the pressurised contents and propellant. The shriram gas leak case was a very significant case in the field of environmental activism, as it pitted the supreme court, the representative of the people, against one of the biggest and most wealthy industrial establishments of india, shri ram food and fertilizers.
One person died in the incident and few were hospitalized. Start this article has been rated as startclass on the projects quality scale. Mehta filed this writ petition in the year 1985 under article 32 of the constitution of india, and sought directions from the honble court that various units of shri ram industries were hazardous to the. Interpretation of statutesforeign case lawsupreme court of india not bound to follow. Gas may accumulate in low or confined areas or travel a considerable distance to a source of. The supreme court held that since the issues raised involved substantial questions of law relating to the interpretation of articles 21 and 32 of the. The writ petition was pending on 4th and 6th december 1985 there was escape of oleum gas from one of the units of sriram and as a result of such leakage several persons were affected and according to the petitioner and the delhi bar association, one advocate practicing in. The supreme court in the judgment stated that the liability in such cases must be strict and absolute. Opaque leakseal tape case of 6 is an innovative selffusing silicone tape that wraps tightly around surfaces to seal cracks and leaks. At 4th and 6th december, 1985 leakage of oleum gas from one of the units of shriram foods and. Oleum gas leak case on strict liability free download as pdf file. What has brought shriram on the firing line is a leakage of oleum early last month at the delhibased shriram food and fertilisers sff factory.
The background of the pil was that on 4th and 6th december 1985, oleum gas got leaked from one of the units of shriram foods and fertilisers industries in delhi hence, the case is popularly known as oleum gas leak case, belonging to delhi cloth mill ltd. It is also argued that capping liability is contrary to the judgment passed in the oleum gas leak case. Protecting the environment oleum gas leak case, 1986 law. Oleum, a highly volatile chemical, was piped to the neighbouring public sector hindustan insecticides ltd hil for the manufacture of ddt. A similar approach was adopted in the shriram food fertilizer oleum gas leak case which occurred as if on cue exactly a year later on 4th december 1985 when oleum gas leaked out of its caustic chlorine plant. The supreme court permitted the plant to restart power and function, pending disposal of the petition. The then chief justice of india pn bhagwati established the principle of absolute liability, which makes the indian civil liability law among the most stringent being extremely limiting globally. Union of india, 1986 mc mehta filed a public interest litigation for escape of poisonous gases by a plant in bhopal. Strict liability vs absolute liability, bhopal gas leak disaster case, oleum gas case 1. Strict vs absolute liability principle drishti ias. In these cases the honble supreme court felt that the english doctrine of strict. Union of india, air 1987 sc 965 also known as oleum gas leak case. Jan 02, 2015 the writ petition was pending on 4th and 6th december 1985 there was escape of oleum gas from one of the units of sriram and as a result of such leakage several persons were affected and according to the petitioner and the delhi bar association, one advocate practicing in the tis hazari courts died. The case lays down the principle of absolute liability and the concept of deep pockets.
Mar 25, 2010 when compared to the inadequate compensation granted in bhopal gas tragedy 470 million dollars the amount is found extremely low. The 15minute leak from a tank at the shriram plant resulted in vapour clouds rapidly spreading to the thickly. In the recent case of shriram gas leak, involving a leakage of oleum gas which resulted in substantial environmental harm to the citizens of delhi, the apex court held that the quantum of damages awarded must be proportionate to the capacity and magnitude of the polluter to pay. National green tribunal history, features and challenges. The rule of absolute liability was laid down by the honourable supreme court of india in the case of m. J this writ petition under article 32 of the constitution has come before us on a reference made by a bench of three judges.
The case originated in the aftermath of oleum gas leak from shriram food and fertilisers ltd. The reference was made because certain questions of seminal importance and hight sic. The rule laid down by the sc is much wider with respect to the rule laid down by house of lords. Interpretation of statutesforeign case lawsupreme court of india not. This gas leak occurred soon after the infamous bhopal gas leak and created a lot of panic in delhi. While the petition was pending, on 4 and 6 december 1985, there was leakage of oleum gas from one of its units which caused the death of an advocate and. The enterprise must ensure that no harm results to anyone irrespective of. Shriram food and fertilizers, a subsidiary of delhi cloth mill limited was manufacturing caustic chlorine and oleum at a plant surrounded by thickly populated colonies. Nov 11, 2017 in december 1985, oleum gas, that was used in making ddt, leaked from a tank of the sff factory and soon spread to the populated areas around the factory. Nothing protects your projects like oilbased rust oleum stops rust protective enamel spray paint.
The origin of the national policy on chemical and hazardous industries relates to two major incidents of gas leakage, the bhopal tragedy in 1994 and the oleum gas leak tragedy in 1995. Union of india originated in the aftermath of oleum gas leak from shriram food and fertilisers ltd. This article is within the scope of wikiproject law, an attempt at providing a comprehensive, standardised, panjurisdictional and uptodate resource for the legal field and the subjects encompassed by it. These questions arise in the present case since on december 4 and 6, 1985, there was admittedly leakage of oleum gas from one of the units of shriram foods and fertiliser industries and as a result of such leakage, several persons were affected and according to the petitioner and the delhi bar association, one advocate practising in the tis. The court in this case extended the scope of article 21 and 32 of the constitution of india. Mehta filed this writ petition in the year 1985 under article 32 of the constitution of india, and sought directions from the honble court that various units of shriram industries were hazardous to the community therefore directed to be closed.
Respondents 14 to 87 and 89 are the tanneries near kanpur. In india, the national green tribunal acts as an important player in indian environmental regulation. If an analysis of the declarations in the policy resolu tions and the act is. The two species of litigation one in the bhopal case itself, and the other in the case of the oleum gas leak, which occurred after bhopal altered the contours of the. View full summary and print download summary as pdf. The rule of absolute liability, which is a more stringent rule of strict liability was laid down by the supreme court in mc mehta and another vs. Rust oleum corporation believes, to the best of its knowledge, information and belief, the information contained herein to be accurate and reliable as of the date of this safety data sheet. Even before the gas leak, the area surrounding the plant was used for depositing toxic chemicals and this led to the abandoning of wells in the vicinity of the plant in 1982. Mehta case stated that moreover the principle so established in ryland v.
Leakseal clear spray 6 pack is an easy to use, rubberized protective utility coating designed to fill and seal leaks and cracks. Shri ram foods and fertilizer industries and others, air 1987 sc 965 popularly known as oleum gas leak case. Bhopal gas disaster in 1984, where methyl isocynate mic, a deadly gas, escaped from the union carbide plant into the neighbourhood and beyond, provides one context. Guptas case supra as also in the peoples union for democratic rights and ors.
Union of india originated in the aftermath of oleum gas leak from shriram food. Rylands vs fletcher factsfletcher plaintiff leased several underground coal mines from land adjacent to that owned by rylands defendant. Strict liability vs absolute liability, bhopal gas leak. Jan 16, 2014 what has brought shriram on the firing line is a leakage of oleum early last month at the delhibased shriram food and fertilisers sff factory.
Oleum latin oleum, meaning oil, or fuming sulfuric acid, is a term referring to solutions of various compositions of sulfur trioxide in sulfuric acid, or sometimes more specifically to disulfuric acid also known as pyrosulfuric acid. When the above case came up for consideration before the court on the last date of hearing we directed that the case against the tanneries at jajmau area near kaqpur would be taken up for hearing first. General in all cases of doubt, or when symptoms persist, seek medical attention. Tens of thousands of people were killed, some half a million others suffered maladies, and the site remained contaminated decades after the leak. Oleum gas leaked from a fertiliser plant of shriram food and fertilisers ltd. It had various units housed in single complex producing chlorine and other chemicals. The law laid down in oleum gas leak case is at variance with the established. The petitioner, the indian council for envirolegal action brought this action to prohibit and remedy the pollution caused by several chemical industrial plants in bichhri village, udaipur district, rajasthan. With many popular colors in three sheens, its never been easier to refinish, refresh and relax. Oleum gas had just leaked from the shriram chlorine plant in najafgarh, and delhi had panicked. Oleum with case of accident or road spill notify chemtrec at 800 4249300 in usa or canutec at 69966666 in canada.
During the leak, nearly 27 tons of mic gas escaped into the air and spread over the heavily populated city of bhopal, spreading over a 30 square mile area. Bhopal disaster, chemical leak in 1984 in the city of bhopal, madhya pradesh state, india, during which about 45 tons of methyl isocyanate escaped from an insecticide plant. A similar approach was adopted in the shriram food fertilizer oleum gas leak case which occurred as if on cue exactly a year later on 4th december 1985 when oleum gas. At 4th and 6th december, 1985 leakage of oleum gas from one of the units of. Of them respondents 16 to 32, 34 to 36, 43, 47, 51, 52, 54, 55, 57. The supreme court of india in its series of judgment highlighted the need of setting up of special environmental courts, the first one being in 1986 in the oleum gas leak case, and by the law commission of india in its 186th report in 2003. During the pendency of the petition, oleum gas leaked from the plant causing significant detrimental health effects to the local population, pursuant to which compensation claims were filed.
The aftermath saw around 700 people being hospitalised for eye irritation and respiratory symptoms and death of a lawyer seven kms away from the factory, at the tis hazari court complex. Apr 15, 2017 strict liability vs absolute liability, bhopal gas leak disaster case, oleum gas case 1. Shriram food fertilizer case project linkedin slideshare. The principle of absolute and strict liability was formulated by the supreme court in a crucial judgment in mc mehta vs union of indiain 1986, when the court was dealing with the leak of oleum gas at the shriram foods and fertiliser industries plant in delhi. Article 21 of indian constitution a mandate to pollution. But while the writ petition was pending, there was a leak of oleum gas from one of the units of sffi on 4 th and 6 t h december, 1985. As for the law itself, the 1986 oleum gas leak case provides the template.
The role of indian judiciary in protection of environment. Oct 05, 2017 the supreme court of india in its series of judgment highlighted the need of setting up of special environmental courts, the first one being in 1986 in the oleum gas leak case, and by the law. Oleum gas leak case on strict liability writ negligence. A landmark judgment that changed the scope of environment law in india was that of mc mehta vs union of india, also referred to as the oleum gas leak case. Oleum gas leak case free download as powerpoint presentation. However, because the conditions of handling, use, and storage of. Where the honble apex court maximise the limit of rule of ryland v. Oleum leakage spells big trouble for shriram food and fertilisers. Oleums can be described by the formula yso 3 h 2 o. C mehta, a social activist lawyer, he sought closure for shriram industries as it was engaged in manufacturing of hazardous substances and located in a densely populated area of kirti nagar. While the petition was pending, on 4 and 6 december 1985, there was leakage of oleum gas from one of its units which caused the death of an. This paper can be downloaded in pdf format from ielrcs website at. The supreme court, while deciding the oleum gas leak case of delhi, found strict liability woefully inadequate to protect citizens rights in an. The widespread destruction caused due to the bhopal gas leak gave way to the inclusion of the environment protection act,1986.
In these cases the honble supreme court felt that the english doctrine of strict liability adopted by the house of lords in rayland v. Visakhapatnam gas tragedy ngt cites obsolete law in gas leak case. When compared to the inadequate compensation granted in bhopal gas tragedy 470 million dollars the amount is found extremely low. Oleum with oleum with case of accident or road spill notify chemtrec at 800 4249300 in usa or canutec at 6996. In this case, oleum gas from a fertilizer plant of shriram foods and fertilizers leaked and caused damage to several people and. Pdf case analysis of catastrophic underground pipeline. The respondents operated heavy industry plants there, producing chemicals such as oleum a concentrate form of sulphuric acid, single super phosphate and the highly toxic h acid the. During the pendency of the petition, oleum gas leaked from the plant causing significant detrimental health effects to the local population, pursuant to which. The case lays down the principle of absolute liability.
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