On the second week of this month, the Supreme Court ordered the Allahabad High Court to get a District Judge or an Additional District Judge nominated within two weeks in order to determine the compensation payable to the families of victims of the 2006 Meerut Fire Tragedy. Although the Apex Court has ordered for the computation of compensation to be at par with the Motor Vehicles Act, 1988, this case also traces back to the concept of absolute liability.

Taking this case as a reference, it will be extremely beneficial to trace back to the understanding of absolute liability which arose in India through the Oleum Gas Leak Case. The concept of Absolute Liability first arose in India as an improvised rule to Strict Liability. Strict Liability was a principle of Tort established in the case of Rylands v. Fletcher. When this concept was sought to be incorporated in India subsequent to the Bhopal Gas Tragedy, certain changes were sought. Unlike Strict Liability, Absolute Liability does not have any exceptions. The idea behind the principle is such that the wrongdoer will not be able to take aide of any defence.

The then Chief Justice of India, P.N. Bhagwati, J., while penning down the idea of Absolute Liability, kept it in mind that if defences were allowed, then no manufacturer will ever be held liable for the destruction caused as most cases can be brought under exceptions. Accidents of such nature can occur with or without any fault of the manufacturer. However, the existence of fault shall not matter when innocent lives are at stake and hence, this concept is also known as No-Fault Liability.

In May, 2020, there was another Gas Tragedy in Vishakhapatnam. To the utter shock and astonishment of people belonging to the legal fraternity, the National Green Tribunal had cited Strict Liability in order to make LG Polymers liable. On the creation of the concept of Absolute Liability, the concept of Strict Liability was over-ruled in India. Although the compensation was fixed, this case failed to become a proper example for Absolute Liability even though the facts and circumstances were very similar to that of Bhopal Gas Tragedy.

The sole reason behind the formulation of the Absolute Liability principle by P.N. Bhagwati, J., was to ensure that the industries are made fully liable and responsible for their acts so that innocent lives do not suffer. Laying down of defences/exceptions would not provide proper justice to the citizens and hence, strict liability was diminished to be able to be made applicable in Indian industrialized economy. However, the application of Strict Liability principle by the NGT in the Vishakhapatnam Gas Leak Case has failed to act as a precedent in case of Absolute Liability.