Name of the Case : M. C. Mehta vs. Union of India
Year of Judgement : 1986
Popular Name : Oleum Gas Leak case
Related Topic/ Issue : Power of the Supreme Court to award compensation
Related Article/ Schedule : 21 & 32
Supreme Court Judgement:
- The Supreme Court clarified the scope of its power under Article 32, stating it encompasses both preventive and remedial measures.
- It emphasized that this power allows the court to provide relief against breaches of fundamental rights that have already occurred.
- The court asserted its authority to award compensation as part of remedial relief, particularly in cases of blatant violations of fundamental rights.
- It specified that petitions seeking compensation for infringements of the right to life under Article 21 are permissible under Article 32.
Impact of the Judgement:
- The judgement expanded the scope of Environmental Law in India.
- It introduced the principle of absolute liability, replacing the previous concept of strict liability.
- Absolute liability implies liability for harm caused regardless of fault, emphasizing the responsibility of parties involved in environmental damage.