VIZAG GAS LEAK: WHETHER IT IS ABSOLUTE OR STRICT LIABILITY
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VIZAG GAS LEAK:
- Background
- Introduction
- Effect
- Liability
- Remedies
- The Laws in India
- Conclusion
- Suggestion
- BACKGROUND
The LG POLYMERS FACTORY was originally established in 1961 as Hindustan Polymers to manufacture polystyrene. It was merged with MC Dowell & Co of the UB Group in 1978 and was taken over by South Korea based LG Chem in 1997 which renamed it as LG Polymers. The factory manufactures general-purpose polystyrene, expandable polystyrene, and engineering plastics compounds. It is located at RRV Puram in Gopalapatnam city.
- INTRODUCTION
On May 07, 2020 the Gas that leaked from the chemical factory on the outskirts of Vishakhapatnam, leaving at least 11 dead and sending more than five thousand to hospital, is called styrene.
What is Styrene?
Styrene is an organic compound with the formula C8H8. It is a derivative of benzene (C6H6). It is stored in factories as a liquid, but evaporates easily (even at room temperature), and has to be kept at temperatures under 20°C. Styrene is also found in cigarette, bikes/cars exhauster etc, but in very small amount.
What happens if someone is exposed to styrene gas?
Exposure to styrene gas affects the central nervous system.
Short term effects:- Breathlessness, respiratory problems irritation in eyes, indigestion, nausea, transient loss of consciousness, unsteady gait, giddiness are caused by exposure to it.
Long term effects:- it leads to pregnancy termination, effects on second pregnancy, blood cancer, exposure of animals health etc,
- Were the safety protocol company takes?
Styrene has to be stored in gas tanks under 20°C to keep it stable. The temperature has to be continuously monitored, and any exposure to light or heat may result in polymerization. A team of 15 engineers and officials remained on duty at the factory throughout the lockdown period to monitor it. If temperature rises, inhibitors have to be added to keep the styrene stable. At LG Chem, an inhibitor tank is attached to the styrene storage tank but it failed to stabilize it in time. As a safety measure, the styrene tanks are never filled to capacity.
- LIABILITY : Strict or Absolute
Strict liability – The rule of strict liability, which has been applied around the world in both civil and criminal law, first evolved in the 1868 British case Ryland v/s Fletcher. It has five exceptions, which means that there is a chance to escape from the liability.
Absolute liability – In India, after the Bhopal gas tragedy of 1984 the legal opinion turned in favor of adopting a more stringent rule.
In 1986, the Supreme Court in MC MEHTA v/s UOI (known as the Oleum gas leak case) evolved its own rule of “Absolute Liability”. The then chief justice PN Bhagwati, evolved this doctrine providing no exceptions for hazardous industries and holding them absolutely liable.
- What should be the liability in this case?
A day after gas leak incident, the National Green Tribunal slapped an interim penalty of RS 50 Crore on LG Polymers India and sought response from the Centre and others for the “damage to life, public health and environment”.
The NGT order said: “Leakage of hazardous gas at such a scale adversely affecting public health and environment, clearly attracts the principle of ‘Strict Liability’ against the enterprise engaged in hazardous or inherently dangerous industry.”
- What remedies available to the affected people?
The affected person must get sufficient amount of compensation to retain his normal life as earlier and the loss that they face.
THE LAWS IN INDIA
- THE CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT, 2010, this does not cover Non-nuclear accident. But although By this act the victims can get compensation.
- THE PUBLIC LIABILITY INSURANCE ACT 1991 By this act immediate relief can be given to the victims. In Environment Relief Fund maintained by this Act, there is a huge un-utilized corpus. Immediate compensation should be given from this fund.
- CONCLUSION
When this types of incident happens, immediate relief should be provided to the affected people. There must be:-
- A study on the Long term effect on plant (which has never done earlier), because there is huge loss to the plants and animals as well due to excessive exhaustion in air.
- It should be mandatory for every industry to create a GREEN BELT ZONE (of proper species of trees) around every industries , so that any type gas cannot easily spread beyond that area and people can get more time to vacate these area as earliest.
- Proper follow of corporate social responsibility.
- Strict action under IPC S.304, S.304A and NDMA Act and policy, 2009 against owner, people behind the management. etc.
- Proper follows of the laws like ENVIRONMENT PROTECTION ACT, 1986 in giving green nod to these factories.
- People around the industry must be informed about the work and chemicals that the factories use.
- MY OWN VIEWS :-
Shutting down the factories is not the only remedies, but at the same time the offender must be punished. As we know that in F.I.R, no any name of person is mentioned but as the commissioner says those who are responsible for this, shall be punished. According to international politics, we know that, SOUTH KOREA has a keen interest to invest in India. At this time we are facing from the economic depression (also the other countries) due to COVID-19. The Lockdown leads to loss of jobs and so on…. For this, we have to maintain economic stability as well, BUT NOT ON THE COST OF HUMAN LIFES. So, we need to start the factory (in the entire India) with more preventions and safety measures. Last but not least “PREVENTION IS ALWAYS BETTER THAN CURE”.
By – Govind Kumar Parbat