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Absolute Liability in India Necessity and Reforms
 
By: Asang Wankhede, Third Year Student of National Law University Delhi
 
Abstract

Absolute liability in its basic sense refers to no fault liability, in which the wrong doer is not provided with exceptions which are provided in rule of strict liability. Absolute liability is more stringent from of strict liability, the rule laid by Rylands v. Fletcher and was recognized by Supreme Court of India in M. C. Mehta v. Union of India (Oleum gas leak case). Thus it is necessary to analyze the use of principle of absolute liability by Indian judiciary. Has the judiciary in India recognized absolute liability? This question consist of two parts; part one deals with the analysis of the very requirement of principle of absolute liability, in which the researcher will first formulate and provide broadly the principle of absolute liability and then deal with the aspect of the necessity. The second part deals with the very critical analysis of the fact that whether judiciary has recognized the concept or not. No, judiciary in India has recognized the concept of absolute liability and there is a need for recognition of principle of absolute liability. The paper deals with principle of absolute liability in India its necessity and reform. It also contains both the technical and theoretical aspect of absolute liability; moreover it discusses the basic meaning of the concept and will analyze various elements of the same.