Strict Liability in Realm of Environment Violations

  • Rutuja Himanshu Patel
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  • Rutuja Himanshu Patel

    LLM student in India

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Abstract

This paper observes some of the characteristic features of environmental violations and the ways which the courts and tribunals handle such cases having the applicability of the principle of strict liability. This article dialogues on how the liability(Strict and Absolute) and compensation regime for pollution has been implemented in India, and whether a combination of the international laws and domestic regulations could provide an adequate mechanism for holding violators liable for environment mishaps. Researcher also reflects over the present observed environment cases, the regime for ensuring adequate compensation to injured parties as well as to re-instate the recovery of lost ecological structure and biodiversity levels. The article also ponders over the possibility behind slow and weak implementation of legal orders and argues that the main aspect to consider is the inexperience and lack of sincerity of implementing agencies to follow up with judicial members, judges and their perception of environmental offense and its perilous effect. In this article, the circle of tortious liability in concern with strict and absolute liability will be discussed, through the topic of importance instances of recent Vizag Gas leak case and its questionable judgment which displays the room of interpretation for environment concerns and the capacity of courts and tribunal to deal with such cases which are more than likely to happen more frequently in near future. The article concludes by considering further suggestions for more effective enforcement of liability in environmental crime concerning whether strict or absolute liability principle in the courts which one is more reliable

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 1273 - 1281

DOI: https://doij.org/10.10000/IJLMH.112040

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This 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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