On 7th May,2020 around 2:30 am, styrene vapours leaked from a polymer plant in
Vishakhapatnam’s RR Venkatapuram Village, spreading as wild fire on several villages in a 5 km radius.
The incident at LG Polymers unit which produces plastic for industrial use claimed life of 11 people leaving 25 in a critical condition and 100’s displaced from their native houses.
Styrene is a chemical used in plastic and rubber manufacturing which is highly toxic to the brain and lungs. It is a derivative of benzene and is the basic raw material used in manufacturing of polystyrene. It has also been defined under Rule 2(e) read with Entry 583 of Schedule I to the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 as a hazardous chemical. These rules also provide for taking on site and off site emergency measures in order to ensure prevention of such damages. The permissible exposure level(PEL) of this compound as mandated by the US Occupational Safety and Health Administration is 100 ppm i.e. parts per million for an adult worker for eight hours and the Immediately Dangerous to Life and Health level is 700 ppm.1 In the current incident this level was severely exceeded.
The National Green Tribual took Suo Moto cognizance in the case and penalised LG Polymers with an interim penalty of Rs. 50 Crores. NGT setup a 5 member bench in order to investigate the incident further which has to submit the report of the incident by 18th may, 2020.
NGT also observed in the order that this incident attracted the principle of ‘strict liability’ which was evolved in the case of Rylands vs Fletcher,(1868). This principle states that any person who indulges in the non- natural use of land and stores hazardous substances at his premises will be held strictly liable if such substances cause any damage.
This principle was overturned by the Supreme court of India in the case of MC Mehta vs UOI,1987 whereby the concept of no – fault liability was evolved. It is also known as the principle of ‘Absolute Liability’.
This principle reiterates that any enterprise which is engaged in hazardous substances which poses threat to the people working in the factory or residing in the surroundings owes an Absolute and non- delegable duty to ensure that no such harm is caused to anyone. It provides for no exception even if due diligence was observed.
On the other hand strict liability provides of various exceptions like act of god, Plaintiff’s own Fault, Act of third party or where the hazardous activity has been carried out by plaintiff’s consent.
1 As reported by Hindustan Times, New Delhi ( Friday, May 8,2020)
So, the committee setup by the tribunal will look into the sequence of events the resulted into this incident and thereafter will provide compensation to the victims accordingly. The victims are also entitled to compensation under the Public Liability Insurance Act, 1991 apart from the compensation that may be awarded by the court. This act came into force after the Bhopal Gas Tragedy and it requires all enterprises to have a control over handling of hazardous substances and subscribe a policy cover to any person to whom any injury or damage is caused.
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