Understanding Absolute Liability Principle

The principle of absolute liability holds that any enterprise engaged in a hazardous or inherently dangerous activity is strictly liable for any harm resulting from such activity. This liability is imposed regardless of fault or negligence. It is considered a more stringent form of strict liability.

Analysis of Supreme Court Cases

• M.C. Mehta Vs Union of India (1987): This is a landmark case, often referred to as the Oleum Gas Leak case. The Supreme Court explicitly applied and evolved the principle of absolute liability, stating that industries engaged in hazardous operations must bear the absolute liability for any harm caused.
• Charan Lal Sahu Vs Union of India (1990): This case involved the Bhopal Gas Tragedy. The Supreme Court discussed the need for stringent liability for hazardous industries and is associated with the application and strengthening of doctrines like absolute liability in the context of such disasters.
• Indian Council for Enviro Legal Action Vs Union of India (1996): Also known as the Bichhri Village Pollution case, the Supreme Court applied the principle of absolute liability to industries causing environmental pollution through hazardous substances, holding them responsible for remediation and damages.
• M.C. Mehta Vs State of MP (1997): While this case involved environmental concerns, it is not typically cited as a primary case for the foundational application or extension of the absolute liability principle in the same way as the Oleum Gas Leak case.

Conclusion on Case Application

The Supreme Court of India applied the principle of absolute liability in the landmark cases of M.C. Mehta Vs Union of India, Charan Lal Sahu Vs Union of India, and Indian Council for Enviro Legal Action Vs Union of India. Therefore, options (a), (b), and (c) correctly identify these cases.