THE ROLE OF MEDIATOR AND THE PROCESS OF CHOOSING A MEDIATOR By Keshav Khandelwal

A mediator is a person who is selected by the parties to assist them in negotiating a solution. Mediators are trained professionals who try to make an agreement on which both the parties can agree and end their conflicts. With mediators, state rules decide who can be a mediator. Mediators may arrange meetings with the disputed parties individually and suggest reasonable solutions to them in order to end their conflict on a good note. They do not forcibly resolve the conflicts between the parties. Mediation is a less formal way to resolve conflicts than litigation and arbitration. The essential job of the mediator is to encourage correspondence between the gatherings in strife, with the end goal of helping them arrive at a deliberate goal to their contest that is ideal, reasonable, and financially savvy. In spite of the fact that the middle person deals with the parties and is accountable for the procedures, he/she ought not to force arrangements or choices and has no capacity to drive a settlement. An answer should just be agreed between the gatherings. They are liable for the definitive goals of the contest. Moreover, a middle person has no privilege or obligation to give lawful exhortation to the gatherings regardless of whether he/she happens to be a legal counsellor. The gatherings should look for lawful exhortation exclusively from their lawful advice. The Mediator, be that as it may, may raise issues and assist parties with investigating choices. The Mediator has to review the mediation procedures in the first meeting. The mediator also has to demand the gatherings to sign, mutually with him, the Center's Model Mediation Agreement setting out the terms and system for the direction of the intervention procedure, to give a concise depiction of his job and that of the gatherings and clarify the intercession procedure with specific reference to the legal arrangements controlling secrecy, to talk about with the gatherings whether they consent to give their assent recorded as a hard copy approving him/her to hold separate gatherings with every one of them on an individual premise, to welcome the gatherings to give a short record of the realities of the question from his/her point of view. This might be done either in a joint meeting or it might be done secretly with the individual party. Parties could consent o hold separate meetings, to approach inquiries to explain certain issues to help the gatherings defeat any impediment and investigate alternatives for settlement.

The process of choosing a Mediator is very important because the mediator will help the parties to decide their conflict. There are 6 factors that a party should consider before selecting a mediator:

∙       Let the Other Side Choose

Despite the fact that it seems like a concession before beginning the intervention, permitting the unfriendly party to pick the middle person begins the intercession procedure off the correct way. To start with, it shows that you are eager to bargain and are really keen on getting a settlement. Second, when the go-between is examining your situation with the opposite side and, ideally, endeavouring to convince them in support of yourself, the middle person as of now has believability with the unfavourable party since they picked that person as their go-between. At long last, while the motivation behind intercession is to settle the case, it is imperative to recollect that on the off chance that you don't care for the position taken by the go-between during the intervention, you don't need to settle the case. Intervention isn't authoritative and there is no prerequisite to choose the date of the intercession. On the off chance that the go-between picked by the opposite side is ineffective, different endeavours, maybe with an alternate middle person, may demonstrate productive.

∙       Mediator's Background

In spite of the fact that it is standard to acquire CV's and other true to life data of specialists at preliminary, parties as a rule neglect to get similar data on the middle person. Contingent upon the sort of case that it is to be intervened, it is imperative to acquire any data the go-between might have in regards to his specialized skill as well as involvement in the complexities of your case. It is additionally helpful to know whether the middle person recently rehearsed or is as yet rehearsing as an offended party or potentially protection lawyer and in which the individual in question fundamentally rehearses. Information on the ward and the characters in question, including the potential jury pool and judges, empowers the go-between to be increasingly influential. It is essential to know whether the arbiter is versed in issues to be introduced, i.e., development, clinical, or redrafting issues that may emerge. An arbiter who knows and is proficient of such issues must be an advantage in acquiring goals of the case.

∙       Flexibility

While the facts demonstrate that numerous middle people have a particular recipe for the intervention plan, it is significant that a go-between being open and adaptable concerning how intercessions can best be taken care of is dependent upon the situation. A middle person who is available to recommendations and is eager to tune in, to the gatherings with respect to postponing opening introductions or even situation or area of the gatherings all through an office is significant and could in truth be the distinction which prompts a fruitful intercession.

∙       Follow Through

Numerous intercessions don't settle their cases on their doled out intervention date. It is essential to know, and to consider, how regularly the middle person settles cases in the weeks or months after the underlying intervention. Middle people who proceed to call (as well as badger) the two players after the intercession date are generally compelling. These go between a show that they truly care about their prosperity rate as middle people and don't accept their activity just exists on the intervention date. (It ought to be noticed that a few middle people don't charge for these post-intercession calls, yet in the event that the length and measure of post-intervention finish are generous, additional charges could apply).

∙       Referrals, Referrals, Referrals

Referrals are a fundamental piece of systems administration. Verbal exchange is a superb method to acquire proposals for middle people who are generally fit to a particular case. While the lawyer taking care of the case may have a few proposals for a middle person, data learned at exchange gatherings, industry meetings, and even from contenders can prompt names of arbiters known by others in a particular field. It is imperative to keep your ears open consistently and solicit others from great encounters they may have had with specific middle people.

∙       Respect

At last, the most significant factor to consider while picking a go-between is that all sides have some degree of regard for the go-between. For instance, if there is an individual from the legal executive who resigns and turns into an arbiter, and you didn't regard him while he was on the seat, it is improbable that you will be available to his forces of influence when he is examining your case. Assuming, be that as it may, the arbiter has been proposed by one of your regarded friends, and accompanies a decent referral, (or even better a couple of good referrals) intervention is bound to be fruitful.

EFFECTIVENESS OF SENTENCING POLICY OF INDIA By Akshay Sharma

▪        INTRODUCTION:  Around the Globe, we are noticing a disturbing increase in the crime rates and thus, demands an all-inclusive criminal justice system with certain fixed rules. Although, there can be no direct formula for the imposition of punishment as every variation has its own penalty which is different with respect to each other but there is a dire need to have certain sentencing guidelines to eliminate the subjectiveness. Sentencing Policy of India is not specific but it is general in nature. It provides punishment which is not particular, it means that the punishment for an offence differs from case to case on the basis of circumstances and over the discretion of the court. ‘Sentence’ as the term is used in criminal law denotes the action of the court before which trial is held in consequence of the determination of the guilt of the accused. Therefore, any consequence which flows from conviction is a sentence and the Policy refers to the Principle of action adopted by an organization. Sentencing Policy of India is to punish the criminals for their guilt in order to reduce the crimes. In India, there is an absence of specific guidelines for sentencing in criminal justice. Personal experience and mindset of the judge also affect the decision and therefore, there is an urgent requirement for specific guidelines for the criminal justice system in India.

▪        Effectiveness of Sentencing Policy :

            Sentencing policy of India is not so effective as it does not provide separate guidelines for giving punishment to the accused. Separate codified guidelines were recommended by the Malimath Committee (the Committee on Criminal Justice and reform) in March 2003 and also Malimath committee issued a report that emphasizes the need for sentencing guidelines to minimize the uncertainty in awarding sentences stating that

                    “The Indian Penal Code prescribes only the minimum and maximum punishment which can be anything as defined under section 53 IPC for offences without laying down any guideline for the imposition of punishment in proportion to the crime. Thus, each judge exercises its own discretion resulting in a sentencing system which lacks uniformity. This requires a systematic examination by an expert statutory body.”^[1]

The case of Soman v. State of Kerala^[2], also observed the absence of structured guidelines:

Giving punishment to the wrongdoer is at the heart of the criminal justice delivery but in our country, it is the weakest part of the administration of criminal justice.  There are no legislative or judicially laid down guidelines to assist the trial court in meeting out the just punishment to the accused facing trial before it after he is held guilty of the charges.

Therefore, the Sentencing Policy of India is not so effective. The country must adopt fixed guidelines for better performance of the Criminal Justice system.

▪        Objective of Sentencing Policy :

The main objective of Sentencing Policy is to Punish criminals to reduce the crime rate and provide justice to the victim for injuries caused to the victim. These are the following objectives of sentencing Policy –

1.     Retribution –

         Victim is the party who suffered some injury which could be physical or mental. Person who caused such injury is an accused and when a crime is committed by the accused, then the criminal justice system uses its trial to punish the accused for his or her acts.  As illustrious above, committing a crime will be met with the state doing something the criminal does not like – typically in the form of taking away freedom, or ordering monetary fine or penalties.

2.     Deterrence –

           Second objective is both common and exact deterrence. Imparting punishment for a crime gives an idea to the general public that there are consequences for committing a crime. It gives direction and boundaries of appropriate behaviour that must prevail in a society and the general public will be able to know the cost of breaking the law. This is done with a hope that the individual will choose not to commit a crime in the future which might result in such punishment.

3.     Incapacitation –

The main objective of the criminal justice system is meant to protect the public, to keep society educated and therefore, another sentencing objective must be there to protect the public, if necessary, through sentencing. As such, if a person commits a crime that sets an example to society that the person cannot be trusted to behave appropriately or cannot control their actions sufficiently, then a person can be incapacitated from a society, for a specific period of time or permanently. The definitive form of incapacitating a person from society is the death penalty, while a sentence for imprisonment for life is more favoured as most of the states uses this form.

4.     Rehabilitation –

          This is the main objective of the criminal justice system. But Many participants in the criminal justice system forget about this sentencing objective. It should be remembered that many people want to change and they can change, if given the chance and the right circumstances. Hence, sentencing a person should be done with an objective of helping him turn his life around if that is possible. Optimistically, rehabilitation will truly become a feasible sentencing objective again, and people will be allowed to change themselves around and join society again as useful citizens.

5.     Restitution –

         Restitution is very helpful for the victim who caused harm. This objective of the criminal Judicial system should not be ignored. Restitution refers to restoring or repairing any damage caused on the victim, means bringing the victim back, as much as possible, to his or her position where the victim was before the commission of a crime. In crimes, such as theft, restitution is relatively easy, In such cases, the criminal can be ordered to pay back the victim, while some crime are such where it becomes impossible to take the victim back at the position where he/she was like in case of  Murder. In such cases, punishment and penalty is the only way through which mental or emotional relief can be given to the victim or the family.

Conclusion: The main objective of the legal system is to provide justice for the members of the society. In this field safety of rights through reasonable trials and proper sentencing policy. Capital Punishment can also be viewed from the perception of psychological concept. Death is the utmost terror of most of them. When death is set as a punishment for any offence it acts as a prevention in the commission of heinous crimes. Thus, the purpose of punishment to act as a deterrent is served  and death penalty must be inflicted in cases. Thus, sentencing discretion is an inevitable sin, it can only be structured, regulated and disciplined.

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^[1] Government of India, Ministry of Home Affairs, Committee on Reforms of Criminal Justice System Report Vol I March 2003

^[2] (2013) 11 S.C.C. 382

BUSINESS-TO-BUSINESS ARBITRATION IN THE UNITED STATES: PERCEPTION OF CORPORATE COUNSEL By Mridula Sharma

Business-to-business or proponents of commercial arbitration, emphasis on its benefits for resolving disputes with less incurred costs and quick outcome as compared to the traditional litigation procedure. Arbitration is therefore considered as a valuable alternative to litigating a dispute in court. Arbitration is binding in nature as it involves voluntarily binding of disputes before either one or three arbitrators as appointed by the parties. The Arbitration Award which is the outcome of the arbitration process helps in determining the parties' responsibilities and legal rights. Hence making arbitration more like litigation than mediation. Under Federal and New Jersey law it is the court which decides the arbitration award just like the judgments except in certain cases under different circumstances associated with the process of arbitration. The losing party is required to pay the arbitration award and pay any amount needed for completion of award until and unless there’s some serious procedural error on behalf of the arbitrator.

The cost involved in resolving business-to-business disputes which involves paid lawyers, vendors and experts followed by any judgment owned and opportunity costs, makes arbitration less expensive, quick and a good alternative to litigation if conducted correctly. With these basic features, the potential pros to arbitration over litigation consists of flexibility, speed, finality and confidentiality. When the dispute scope is International, arbitration adds on neutrality and enforceability as its potential advantages. Business should be more inclined towards these features against the main drawback involved in arbitration- lacking the ability in appealing the correct perceived errors by the arbitrators.

Speed and flexibility

Parties to an arbitration can—and should—take an interest in structuring the procedure. In court, the parties are required to adhere to procedural principles that apply to each case. Those principles probably won't be directly for a wide range of questions and can make the potential for wasteful aspects like pointless postponement. Albeit, most arbitration statements fuses a lot of rules but those principles are rules that can be differentiated by the party and in this manner are adaptable. Parties should remember that a case requiring complex methods like broad verifiable disclosure probably won't be directly for arbitration.

Finality

Arbitration awards are lawfully authoritative and are not liable to request. The triumphant party doesn't have to anticipate advances before the case is really finished. Despite the fact that the absence of offers is an advantage in that as it speeds up the procedure, it additionally implies that there is no higher court to address arbitrators’ mistake of fact-finding or law. A case that includes troublesome lawful issues, which may profit by investigative survey, probably won't be directly for arbitration.

Confidentiality

With some restricted securities for exchange privileged insights and other touchy data, archives in the suit are freely documented and court appearances are available to people in general. Parties to an arbitration can concur that the procedure and results are classified. The issue and the arbitration award, be that as it may, will regularly become open on the off chance that one side goes to court to uphold or challenge the arbitration award.

Enforceability & Neutrality (for International Disputes)

Arbitration has extra advantages when the debate has a worldwide scope. Arrangements to which the United States is a party-what is known as the New York Convention—settle on worldwide arbitration agreements and awards in business contracts enforceable all through the world. The United States isn't as of now involved with any bargain that makes court decisions in business cases comparably enforceable. It is frequently simpler to uphold an arbitral award against an outside party than a court judgment. Arbitration additionally bears parties from various nations a "neutral" party to determine disputes.

Conclusion

In aggregate, business-to-business arbitration can give the advantages of speed and flexibility, confidentiality and enforceability and neutrality in case of international disputes. In any case, the business should try to participate in a procedure intended to get all the more rapidly to the core of the issues, not repeat court procedures like the oppressive and broad revelation that will build costs and hinder the case. To do so would just create private suit i.e litigation and considerably diminish the advantages of arbitration without the option to bid.

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT,2012 (POCSO) By Muskan Jain

“Anyone below the age of 18 years is a child” as said by the United Nations Convention on the Rights of Child and as stated under section 2(d) of the POCSO Act, 2012.

A child is the one who has no or very less knowledge about the word and the people living therein. Children are immature and do not clearly understand the difference between what is right and what is wrong.

Protection of children from sexual offences act, 2012 intends to protect these children from any kind of sexual abuse by protecting them at the time of the judicial process and by giving them utmost importance so that the things go smoothly and with the best interest of the children.

This act covers sexual harassment^[1], sexual assault^[2], child pornography^[3] or any other form of sexual abuse such as penetrative assault^[4] and non-penetrative assault.

The act states that it is mandatory for a person to report cases related to sexual offences. If anyone knows that a child has been sexually harmed, they are under a legal obligation to file a complaint, if they fail to do so, they may be punished with 6 months in prison or fine or both.

Importance of  POCSO

Children who have suffered sexual offences are traumatized and tend to build a cocoon around themselves by cutting off from the outside world. At these times it is necessary to have a child-friendly procedure where they feel safe. Lack of guidelines on how to deal with children hampers the quality of trial.

Before this act was made, the children were questioned repeatedly and thus made to suffer as they relive the memory again & again. Lack of medical support and improper counselling makes the healing procedure far more difficult. Also, there was no supervision over the mental and physical health of the child before and after the court proceedings were done.

Thus, it became necessary to make laws that took deep care of the affected children by helping them out of trauma and ensuring their protection from any further abuse. The act also ensures the safety of the child while the court is in process and even after the procedures are over.

Sexual abuse and assault of children is a heinous crime and it needs to be addressed effectively so, the POCSO Act, 2012 was made under Article 15(3) of the Indian Constitution which empowers the state (state list) to enact special provision for children.

 PROCEDURE

The complaint can be easily filled at the nearest police station. Right after receiving such complaints, the police personnel are responsible for protecting the child by making arrangements for the necessary medical treatments, also they are required to bring the matter under the Child Welfare Committee (CWC) within 24 hours of receiving the complaint report.^[5]

The child is taken for the medical examination. The examination is carried out in the presence of a person whom the child trusts. If the child is female, the examination is carried out by a female doctor.

The child is called for a trial in special courts^[6] that are child friendly and where his or her identity is kept confidential^[7]. The child is assisted^[8] by professionals and experts trained in psychology, physical & mental health etc. These courts provide for the compensation amount that must be paid to the aggrieved child, which can be used for the child’s medical treatment and rehabilitation. This case must be disposed of within 1 year from the date of filing of the report.^[9]

AWARENESS ABOUT THE ACT

The act was enacted in 2012, that is 65 years after independence. States, along with many Non-government Organisations, are creating awareness among various strata of the societies. Also, the children are being taught about good touch and bad touch so that they can become aware and raise a voice when they feel uncomfortable.

A child helpline number (1098) has also been provided which helps the child register any complaint without disclosing his or her name and other information. The CHILDLINE India has also made a short movie titled ‘KOMAL’, that educated the children about safe and unsafe touch. It also teaches them to protect themselves and seek help from the adults.

Let’s not victimise the victim, rather we must ensure them, their safety in all possible ways. It is important to make the children understand that they have done nothing wrong. Encourage them to speak against the evil, and help them to get out of the trauma.

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^[1] POCSO Act, 2012; section 2(j)

^[2] POCSO Act, 2012; section 2(i)

^[3] POCSO Act, 2012; section 2(da)

^[4] POCSO Act, 2012; section 2(f)

^[5] Ministry of women and child development, model guidelines under sec.39 of POCSO Act,2012; pg. 4; sep2013

^[6] POCSO Act, 2012; section 28

^[7] POCSO Act, 2012; section 24(5)

^[8] POCSO Act, 2012; section 39

^[9] POCSO Act, 2012; section 35

THE DISPROPORTIONATE IMPACT ON WOMEN AND GIRLS DUE TO COVID-19 By Anahita Dube

As we struggle to move forward into a COVID-19 pandemic world we are destined to face a lot many unknown obstacles in our way. With so many hurdles and complications, we often tend to overlook the problems being endured by the women during these tough and complex times. As the socioeconomic status of women and girls is already marginalised it places them into an even more vulnerable situation during emergencies. The pandemic being a global issue of concern has impacted the society and community economically, socially, and culturally. It has not only put women and girls in jeopardy economically but to all other social monstrosities as well.

The COVID-19 pandemic has divulged humankind to various different crises and distresses. Evolving evidence has proposed that the pandemic will likely have a disproportionate impact on women and girls, in regard to the economic scenario in comparison to the men of the community, due to pre-existing discriminating economic norms and double standards^[1]. Women are more likely to be involved and employed in the non-mobile and informal sector. They are paid less in comparison to their male colleagues, have less access to social protection, and so on. With the global outbreak of the pandemic, the level of uncertainty and security has raised concern among the global citizens, especially in women and girls stuck at homes without any source of proper income at the moment. It has been reported that during the global economic slowdown, the employers of both formal and informal sectors will be more inclined towards women lay-offs as they are considered to be "less productive" than their male colleagues^[2].

The pandemic has not only affected the socio-economic aspects for women but has also become an immediate life threat. Women being directly involved in the health and nursing sector are more likely to become affected in the battle of COVID-19. It has been reported that 67%^[3] of women are directly involved in health care work globally while 79%^[4] of women of the South-East Asia region are the health care and nursing staff.

As the pandemic plays havoc with humankind, our community and society struggle with the challenges of violence that still thrives and lives in the deep shadows of our world. The continuous and ongoing battle against domestic violence has become an issue of concern for us all. The violence against women and girls is increasing drastically globally. COVID-19 has not only affected the economic aspect of women's lives but it has gravely impacted their struggle with domestic violence. There is a dire need to shield and safeguard the women and girls enduring the domestic atrocities. They should be freed from the clutches and cruelty of domestic violence.

The economic, social, and cultural distress of pandemic is still at an early stage. It has been reported that the state support for the welfare and safety net measures might be an effective approach and can relive the widespread economic stress^[5]. In case for women, it was observed that MGNREGA spending could be substantially increased as women participate in it in higher numbers than men, and wage inequality between men and women in MGNREGA is comparatively lower than in other jobs^[6]. The domestic workers and home-based workers have a right to leave with pay during the lockdown period and the government needs to ensure that they are not being discriminated and  deprived of their rights. The governments should also ensure the due safety and security for health care workers as well. The uphill battle with the pandemic is strenuous and stressful for the humankind and to survive through this the humanity needs to come together. It is the responsibility of global citizens to overcome all the injustices and evolve towards a new era.

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^[1] Reliefweb.int (2020), https://reliefweb.int/sites/reliefweb.int/files/resources/policy-brief-the-impact-of-covid-19-on-women-en.pdf (last visited Jun 24, 2020).

^[2] The COVID-19 Lockdown Will Ravage Prospects for India's Female Workforce, The Wire (2020), https://thewire.in/women/coronavirus-women-economy (last visited Jun 24, 2020).

^[3] Opinion | Impact of COVID-19 on women in developing nations will be harsher, Livemint (2020), https://www.livemint.com/opinion/online-views/opinion-impact-of-covid-19-on-women-in-developing-nations-will-be-harsher-11587570543867.html (last visited Jun 24, 2020).

^[4] Opinion | Impact of COVID-19 on women in developing nations will be harsher, Livemint (2020), https://www.livemint.com/opinion/online-views/opinion-impact-of-covid-19-on-women-in-developing-nations-will-be-harsher-11587570543867.html (last visited Jun 24, 2020).

^[5] The COVID-19 Lockdown Will Ravage Prospects for India's Female Workforce, The Wire (2020), https://thewire.in/women/coronavirus-women-economy (last visited Jun 24, 2020).

^[6] The COVID-19 Lockdown Will Ravage Prospects for India's Female Workforce, The Wire (2020), https://thewire.in/women/coronavirus-women-economy (last visited Jun 24, 2020).

THE INDIVIDUALITY OF LAW OF TORTS IN VISHAKHAPATNAM GAS LEAK INCIDENT By Tanisha Gawde and poster by eesha vij

Law of torts is a type of law that brings into consideration different types of wrong that is done against an individual. Law of torts is uncodified law in India that means it is not part of the systematic code of law. However, it has its share in many Indian laws that are in force, for instance, negligence in motor vehicle Act, consumer protection Act and Indian contract Act, trespass, conversion malicious prosecution and defamation in Indian Penal Code and many other laws. In other words, tough remedies under the law of torts for tortiuous fault is not enforceable in India but our right to get protected from these offences are taken care of by various other laws as mentioned above. In the law of torts, there is – Fault liability and No-Fault liability. In Fault liability, the burden lies on the plaintiff to prove that the loss suffered by him was the result of negligence or wrong intention on part of the defendant. Offences like Nuisance, conversion, trespass, malicious prosecution, defamation, assault, battery and false imprisonment are part of fault liability. On the other hand in case of no-fault liability, the defendant stands legally responsible for the loss occurred irrespective of the presence of any negligence or bad intention or any fault on his part. Vicarious liability, absolute liability and strict liability are part of no-fault liability.

Countless incidents like a gas leak that recently took place in Vishakhapatnam calls for our attention on no-fault liability especially on the part of strict and absolute liability.  Absolute and strict liability deals with the situation where a person is held responsible for harm even if the person takes reasonable precaution to avoid any causality or where there was no negligence or ill will on part of that person. Incidents like Bhopal gas Tragedy, Chernobyl disaster and on recent count gas leak in Vishakhapatnam as mentioned above moves around strict and absolute liability. Both the liabilities are of the same nature but there is a minor difference in their essentials. To understand the difference between absolute and strict liability it’s important to understand its essentials.

Essentials of strict Liability^[1]:-

-        A dangerous thing must be brought by a person on his land.

-        That dangerous thing must escape from the vicinity of the premises.

-        The thing must be brought for the non-natural purpose.

Before understanding one major difference between absolute and strict liability it is important to focus on another difference i.e. exceptions. Unlike in the case of absolute liability in strict liability, there are few exceptions that favour the innocence of the defendant. Exceptions are:-

         i.          Plaintiff's default

       ii.          Act of God

     iii.          Consent of the plaintiff

      iv.          Act of the third party

       v.          Statutory authority

Essentials of Absolute liability^[2]:-

-        A dangerous thing must be brought by a person on his land.

-        That dangerous thing must escape from the vicinity of the premises.

-        The thing must be brought for the non-natural purpose.

-        The thing must be bought on land for commercial purposes.

One of the major differences that come with absolute liability is that the thing is bought on land for commercial purposes.  This is one of the reasons that the  defendant is found absolutely liable for the harm caused due to the escape of the dangerous thing from the premises, without any exception in favour of the defendant. Recently a poisonous gas leaked from a storage tank of an industry owned by a South Korean company named LG Chem. Police have charged the manager of the company for culpable homicide since the incident took 11 lives^[3]. The report further says that-‘Hundreds were taken ill and rushed to the hospital, while thousands were evacuated from surrounding villages’^[4]. The incident is said to be reminiscent of the Bhopal gas tragedy.

When we talk about such incidents we need to understand whether it will come under absolute liability or strict liability or would not come into any of these liabilities. To come to a conclusion we need to check the concurrence of the incident with the essentials of absolute and strict liability.

-   First essential is that a dangerous thing must be brought on land. And in this case, there was the presence of lethal gas in the factory.

-Second essential is that the dangerous thing must escape from the premises. In this case, a colourless harmful gas escaped from the factory.

-Third essential is that the thing must be bought for some unnatural use. Here, the gas was bought on the premises for attainment of the task for which such gas is rarely used. Hence the gas was bought for the non-natural purpose.

- To make the case of strict liability or absolute liability we need to see whether this case conforms to all the essentials of absolute liability or not. Here the gas leak took place in a polymer factory which was set up for the commercial purpose. Hence the case falls under absolute liability making the owner absolutely liable for the consequences of any harmful repercussions. This case of gas leak in Vishakhapatnam is not the single gruesome case that happened recently; a gas leak at the paper mill in an industrial area in Raigarh Chhattisgarh and a boiler blast at a thermal power station in Tamil Nadu where many people were injured are also examples of such harmful incidents. The role of absolute and strict liability is to make a person accountable under whose care such incident took place despite his care or carelessness because such incidents have a huge or sometimes lifelong impact on lives of people and sometimes no fault on part of defendant does not give him the way to be released of all the liabilities arising from such horrifying incident. And these are the incidents where no fault liability, a part of the law of torts, takes a special and important space in our legal system.           

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^[1] Law of torts,R.K Bhangia,24^th edition.

^[2] Ibid.

^[3] BBC News, (May 8, 2020) https://www.bbc.com/news/world-asia-india-52586999#:~:text=Indian%20police%20have%20filed%20charges,of%20Visakhapatnam%2C%20Andhra%20Pradesh%20state.

^[4] Ibid.