Corporate Manslaughter And Industrial Negligence In India: The Need For Legislative Recognition
- IJLLR Journal
- Feb 24
- 2 min read
Keerthana Mohan, B.COM LL.B., LL.M., Christ (Deemed to be) University
ABSTRACT
The purpose of this research is to examine the absence of a legislative framework for Corporate Manslaughter in India, despite the growing number of accidents due to industrial negligence, environmental disasters, and workplace fatalities due to corporate negligence. The existing literature on Corporate Manslaughter in India mainly focuses on the financial crimes and other environmental violations and not enough attention is given to the issue of corporate manslaughter as a separate offence. The main problem lies in the absence of a clear and enforceable statutory framework to prosecute corporations for the deaths caused due to the gross negligence or the disregard for safety. Even though individuals of a corporation may be prosecuted, many times the corporation itself escapes liability. The deficiency in the Indian Law raises concerns about justice for the families of the victims, Corporate Accountability and compliance with global standards of corporate governance. Therefore, the problem is how can India legally recognize and regulate corporate manslaughter to ensure accountability and preventable deaths arising out of corporate negligence? The research reveals that currently Indian Law relies on the provisions that fail to address corporate manslaughter comprehensively. Comparative analysis helps in understanding that jurisdictions like the UK and Australia have enacted special statutes that hold corporations accountable for the deaths caused by the negligence of the management of the corporations. Therefore, the study concludes that there is an immediate need in India to legally recognize corporate manslaughter as an offence to strengthen the concept of corporate accountability and protect the right to life under Article 21 of the Indian Constitution. The current legal mechanisms are inadequate to address systemic corporate negligence that results in the loss of life. Introducing a specific legislation for Corporate Manslaughter based on the international models but tailored to India’s Socio-economic realities would serve as a deterrent mechanism of justice, would bridge the existing legal gap and enhance corporate governance. This research adopts a Doctrinal method of research as it mainly focuses on the existing statutes, case laws, and other writings by scholars relevant to the study.
Keywords: Corporate Manslaughter, Industrial Negligence, UK’s Corporate Manslaughter and Corporate Homicide Act, 2007, Industrial risk, Corporate Accountability.
