A Critical Analysis of Absolute Liability and its Role in Environment Law

It has been testified repeatedly that though Indian legal system derives its essence from the English Common Law system that has existed since medieval times, over the years, the stalwarts of the Indian Legal System, have shaken off the colonial fetters and shaped the law to accommodate Indian circumstances. The story of evolution of the Doctrine of Absolute Liability enunciates the intricacies that Indian jurists went into to secure justice for the Indian masses. This paper attempts to analyse the applicability of absolute Liability in the Indian System. Furthermore, it tries to understand the reason behind the paradigm shift from strict Liability to Absolute Liability while discussing various case laws.