英语论文网

The administration of Shriram Food and Fertilizers accepted all the findings and recommendations of the committees. With regard to the compensation, they did argue that it was unsatisfactory that the court should decide the compensation amount and the people deserving compensation without any consultation from the party made liable (itself). It also claimed that many of the claimants were bogus and not really affected by the accident. Overall they accepted all the judgements and paid compensation because they knew that questioning the verdict of filing further appeals were not possible due the use of absolute liability in their case.

目前进展-Present Progress

Although Shriram Food and Fertilizers considered many of the claimants to be bogus, they settled with all the claimants on compensation rather than rick violating the verdict that they had agreed to and be forced to cease production. In time they shifted some of their units to Patiala, Punjab and remaining units were directed by the Supreme Court to move out of Delhi and NCR. The Supreme Court admits that oleum is still present in those areas and many cases of still birth have been attributed to oleum poisoning, and the option of reopening the case for fresh claims of compensation is still open.

判决的范围(意义)-Scope (Significance) of the Judgement

The scope of the judgement was very significant in the history of enviro-legal cases. It set the Indian Supreme Court to be the protector of the environment and under Article 21, not only a fundamental right of life, but of quality, pollution free and a safe life. There were many significant points of this case worth noticing.

This case pitted the Supreme Court defending the rights of one of the weakest section of society against one of the most wealthy and powerful industrial establishments of India.

The Supreme Court, genuinely concerned regarding the welfare of the people, took a proactive role in deposing of this case and preformed both judicial, executive and legislative functions.

Due to the failure of the statutory body, the Municipal Corporation of Delhi (MCD) the court itself appointed committees and gave Shriram directions on up gradation of safety standards.

The court also preformed the function of an extra parliamentary body by insisting that the concept of absolute liability be used and thus set a precedent for future cases to come.

Perhaps the most important function of the court was to address the concerns of the Bhopal Gas Leak case which was still very much fresh in the mind of the public. The needed to deliver a strict verdict to ensure to the public that the factory owner will be held liable and such an incidence will not occur again, jeopardizing the public life.

对这个案子的个人看法-My personal opinions on the case

In my opinion the verdict on the Shriram Gas Leak case by the Supreme Court was fair, balanced and adequate for many reasons. I had previously thought before reading this case that this accident draws many parallels to the Bhopal Gas Tragedy, which was a complete miscarriage of justice. Therefore only making them pay a compensation and not imprisoning an executive or shutting down the whole plant was being too light on Shriram. As I read on and analysed how objectively, and scientifically the Supreme Court decide