Strict Liability Vs. Absolute Liability: The Bhopal Gas Tragedy And Its Impact On Indian Tort Law

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Arshia Gupta (BBA LLB (H), 2024-29, URN: 2471128), IILM University Gurugram

ABSTRACT

This research paper deals with the evolution of liability principles in Indian tort law, focusing on the transition from strict liability to absolute liability, particularly in reference to the Bhopal Gas Tragedy1. It explores the foundational concepts of tort law, sets forth the doctrines of strict and absolute liability, and analyses their application in Indian jurisprudence. Through an examination of landmark cases, including the Bhopal Gas Tragedy and the Oleum Gas Leak case, the paper highlights the judiciary's role in shaping liability standards for hazardous industries. The impact of these legal developments on environmental policy and industrial regulation in India is also discussed, culminating in conclusions and recommendations for future legal frameworks to better address industrial disasters.

Keywords: Tort Law, Strict Liability, Absolute Liability, Bhopal Gas Tragedy, Indian Jurisprudence

STRICT LIABILITY VS. ABSOLUTE LIABILITY- THE BHOPAL GAS TRAGEDY AND ITS IMPACT ON INDIAN T

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