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Vedanta And Beyond: Piercing The Veil For Holding Parent Company Liable For Environmental Harm




Jyoti Rathi, Symbiosis Law School


ABSTRACT


This paper explores the liability of parent companies for environmental harm in India done by its subsidiaries making reference to the Vedanta Sterlite case. It highlights major gap in Indian law where the liability shifts solely on the subsidiaries where the parent companies escape the liabilities by making a reliance on the doctrine of Separate Legal Personality leaving people undercompensated. It shows how Indian courts narrowly apply the rule of veil piercing using both doctrinal and comparative analysis. The paper recommends some reforms, such as recognition of parent liability, imposing ESG and due diligence duties to promote environmental justice and deliver fair compensation.


Keywords: Parent Company Liability, Environmental Justice, Vedanta Sterlite, Veil Piercing, Corporate Accountability.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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