环境法律和政策 [4]
论文作者:www.51lunwen.org论文属性:案例分析 Case Study登出时间:2015-10-06编辑:chenyuting点击率:10715
论文字数:2812论文编号:org201510041721251125语种:英语 English地区:中国价格:免费论文
关键词:环境保护法ShriRam Food and FertilizersShriram气体泄漏案件
摘要:这是一篇Environmental law的留学作业,叙述了Shriram气体泄漏案件,它的背景,诉讼程序,法院判决及进展情况。在文章最后发表了自己对这个案件的个人看法。
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The chief inspector was directed to inspect the factory at least once a week.
The Central Pollution Control Board was asked to depute an inspector to inspect the plant once a week to ensure that it was in compliance with the effluent and emission limits of the Air and Water Act.
The management of Shriram was made to take an undertaking from the chairman and managing director of the Delhi Cloth Mills Ltd. (the owners of Shriram) that in case of any future leak or accident resulting in death or damages, the management will be personally responsible for the compensation and must do so within one week of the accident.
A worker's safety committee must be constituted.
Educational posters on the post-exposure treatment of chlorine must be placed on the gate and inside the premises of the plant.
Training and making aware of all the labourers of the plant via audio visual programmes.
Installation of loudspeakers to alert the neighbouring communities on the event of a chlorine gas leak.
Shriram was made to ensure that the workers made use of safety equipment and provide regular health check-ups.
Shriram was made to deposit a sum or 20lac with the court registrar to settle any claims made by aggrieved party in the leak, and the remaining sum was to be put under interest in a nationalised bank and should there be any further accident in a period of three years, to be invested by the court registrar as compensation.
支持Shriram Food and Fertilizers的考虑因素-Considerations in favour of Shriram Food and Fertilizers
The Supreme Court's decision was not entirely one sided which is reflected in its decision to not entirely shut down the operations of Shriram but force upon it monetary penalties and better safety standards. Many factors influenced the Supreme Court's decision of not being entirely against Shriram.
Shriram's caustic chlorine plant employed around 4000 people, and its closure would immediately render them unemployed and unable to support themselves and their families. Considering that most of these people were unskilled labourers and already residing in poverty the Supreme Court decided not to take away their livelihood.
Shriram was in the business of producing daily commodities necessary to the daily life of the public and hence its closure would produce a shortage.
Perhaps the most important factor was that it produced chlorine for the chlorination and purification of water for the Delhi Jal Board. And also the unavailability of another source of chlorine within Delhi and NCR.
最高法院的判决-Judgement of the Supreme Court
The Supreme Court delivered its judgement on the 19th of December 1986 and on the basis of absolute liability and deemed Shriram responsible for the accident and resultant compensation of the victims. The court also instructed Shriram to comply with all the recommendations of the Nilay Choudhary and Manmohan Singh Committees and issued a strict notice that failure to do so will result in the immediate closure of the plant. The court also instructed the victims of the Oleum gas leak to file their complain for compensation in the Tis Hazari lower court of Delhi.
Shriram Food and Fertilizers对判决的反应-Reaction of Shriram Food and Fertilizers to the verdict
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