Introduction:
“To deny people their human rights ‘is’ to challenge their very humanity.”
- Nelson Mandela
“Human Rights” means “the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India”.
As stated by, “Winfield and Jolowicz”, “negligence is the breach of a legal duty of care by the plaintiff which results in undesired damage to the plaintiff”. “Industrial negligence” is when an industrial entity is not applying reasonable care and precaution while carrying out its operations which may result in harm to the persons working or living in that specific area.. This very topic highlights the urgent and crucial issue to address the gross violation of human rights caused because of industrial negligence in which the state is, nevertheless, responsible and accountable as it (the state) is deriving benefits directly or indirectly through the business conducted by the entity.. The implications are not only limited to human rights but economic loss, climate/environment loss, and loss of animal species. It also even results in biomagnification. Where the ultimate sufferer is the person who could not be associated in any shape or form with that industry.
Imagine, a village where a large chemical manufacturing plant has been situated and conducts its operations. Now, the industry breaches its legal duty to care and cause the discharge of chemicals into the environment. The people residing in proximity of the industry may suffer severe health consequences, which may result in an increasing burden on local healthcare services, which can strain resources the environmental consequence is that the factory dumps or discharges its waste into the sea which aquatic animals accumulate increasingly high levels of toxic into their bodies, ultimately, the people or other animals or birds that consume those fishes will also accumulate the toxic into their bodies. The environmental consequences may result in the degradation of the quality of the water and loss of flora and fauna. The state will be accountable because it is getting benefits in the form of taxes and job creation.
A Historical Overview of Industrial Negligence:
Historical data Tells us that catastrophic failures caused by industrial negligence led to the internal displacement of thousands of people and caused significant loss of life. India experienced the world’s most tragic accident commonly referred to as the “Bhopal gas tragedy” and the caselaw is “Union Carbide Corporation Etc. Vs Union of India”. On December 3rd, 1984, at the “Union Carbide India Limited facility” in Bhopal, more than 40 tonnes of methyl isocyanate escaped. The reasons identified as the disaster’s primary causes were negligence on the staff’s behalf and insufficient industrial safety protocols. Toxic gas effects are felt even today, where malformation and dysfunction in newborns are prevalent. The list does not end here:
“M.C. Mehta v. Union of India”, Oleum Gas Leak Case” also known as “Shriram Industries Case”. On December 4, 1985 (a day of grieving), Shriram Foods and Fertilizers was responsible for an oleum gas leak in Delhi into the Ganga River. The leak affected the public and the workers and the case led to the development of absolute liability.
Twelve people were killed and more than 200 injured, when a huge fire broke out at “Indian Oil Corporation’s” fuel store in the Sitapura industrial region on the outskirts of the city on Thursday night, according to state and police officials said.
Korba Chimney Collapse (2009): A chimney under construction collapsed due to poor construction practices, killing 45 workers. Workers in a scrapyard unknowingly and unintentionally disassembled, a radioactive research irradiator exposing themselves and everyone to radiation in the 2010, Mayapuri radiological incident. Bombay explosion, 1944 was a case, where approximately 800 persons were killed and heavy damage was caused when a cargo ship carrying explosives exploded in Mumbai harbour.
Let us examine this issue within a global context:
Oppau explosion, a terrible occurrence in Germany, where on September 21, 1921, a tower silo which was containing an “ammonium sulphate” and “ammonium nitrate” mixture got exploded in the “BASF chemical plant” killing around 600 people and injuring over 2000. The mishap of Courrières, France took place on March 10, 1906, and is also remembered as the “worst mining accident” ever happened in Europe. The incident was caused due to an explosion of the local mine causing the death of 1099 people. Another incident was the explosion of “Benxihu Colliery” in China, where on April 26, 1942, a coalmine was made ground when an explosion of gas and coal powders caused the death of around 1500 miners. Nevertheless, nobody can forget the Chornobyl disaster of Ukraine, where on April 26, 1986, what can be called a human error caused a series of explosions inside the nuclear power plant, causing the release of a radioactive cloud where 43 workers died immediately and about 1,25,000 people got killed in the following years by other illnesses caused by the exposure to the radiation.
What about the unheard voices:
India has made significant investments in industrial projects, power plants, mines, dams, roads, and new towns and to achieve such quick rapid economic development, it was only feasible by the acquisition of a large amount of land and the gross human rights violation by evicting the people. According to data by the “Indian Social Institute”, there are 21.3 million internally displaced persons caused by development, including people who have been displaced by dams, which was 16.4 million, mines – 2.55 million, industrial development – 1.25 million, wildlife sanctuary and national parks – 0.6 million. Several other projects have long been controversial due to their role in displacement-related conflicts. The data tells us that between 1950 and 1990 approximately 18.5 million people were displaced. A study by the “Indian Institute of Public Administration” found that large dams displaced an average of 44,182 people. Also, the “Pong Dam” constructed 25 years ago, displaced over 21,000 families who are yet to receive adequate rehabilitation. The data tells us that the displacement has often affected Indigenous communities living in remote areas. The state is equally liable as the industries and to address these issues the state must consider the development projects within the context of sustainable development and human needs. It should also ensure swift and rapid rehabilitation for displaced people and the state should adhere to proper implementation of the statutory laws that were framed and meant to protect these people.
Internally Displaced Persons:
Definition: “Persons or groups of persons who have been forced to abandon and leave their homes or places of habitual residence, in particular as a result of or to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border”
As the status and protection of IDPs does not have specific legislation in India, there are several “guiding principles” that have gained international recognition and authority. They have also been recognized in the Kampala convention. The state must be required to refrain from specific situations that could result in displacement, which is one of the tenets of addressing the causes of displacement. The state has a special responsibility to prevent the displacement of some groups that have a unique relationship to the land. Displacement should never take place in a way that violates the rights to life, dignity, liberty, and security. Human rights and international humanitarian law also work to stop displacement through the Geneva Convention (iv); and further protocols (i) and (ii).
Conclusion:
Definition: “Persons or groups of persons who have been forced to abandon and leave their homes or places of habitual residence, in particular as a result of or to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border”
Industrial negligence, state liability and human rights, a series of pressing issues, require careful and urgent attention. As stated above, the historical context of industrial disasters, which can be seen in India and globally points out the devastating impact of negligence, on communities, specifically, those which are already vulnerable because of socio-economic factors. The issue of internal displacement not only highlights direct consequences but also the long-term ramifications on the environment human dignity health, etc. The state benefits from the industrial operations and it bears an outstanding obligation to make sure that the protection of its citizens’ rights and to provide adequate rehabilitation or shelters for displaced persons. We need legislation prioritizing sustainable development and strict enforcement of these legislations is important to elevate future risks and also to safeguard human rights, ensuring that this development does not come at the very expense of humanity. The state’s role is not only a matter of legal compliance but also a very fundamental step towards honouring the dignity and humanity of the affected communities and individuals.
Author(s) Name: Mohd Umar (Integral University, Lucknow)
