Student at Dr. Ambedkar Law University School of Excellence In Law, India
The Oleum Gas Leak case stands as one of the most transformative environmental legal cases in India, with far-reaching implications for environmental law and corporate accountability. This research paper delves into the background of the case, examining the pivotal role played by the judiciary and its contributions to the evolution of environmental jurisprudence in India. Notably, the case introduced the "absolute liability" principle, which ensures that industries are held responsible for harm caused by hazardous activities, irrespective of negligence. This landmark ruling set key legal precedents, influencing critical legislative frameworks like the Environment (Protection) Act, 1986, and the Public Liability Insurance Act, 1991. The paper also explores the use of Public Interest Litigation (PIL) as a strategic tool for environmental protection, illustrating how the judiciary has balanced the imperatives of economic development with the necessity of environmental preservation. The analysis offers insights into broader implications for environmental governance, regulatory reforms, and the protection of human rights in industrial contexts. Finally, recommendations are provided to strengthen legal enforcement mechanisms and promote sustainable development in line with constitutional principles.
Research Paper
International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 1922 - 1932
DOI: https://doij.org/10.10000/IJLMH.118447This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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