Hazardous Industries Case Study
INTRODUCTION
The industrialisation in India has also increased the number of hazardous industries. This growth of hazardous industries has also increased the risk from accidents, not only to the workman but also to the innocent public who are in vicinity. Such accidents in the past had led to death and injury to human beings and other living beings as well it has caused damage to private and public property. While the workmen are in protection of separate laws, the burden is on the public. Very often the majority of the person involved are from weaker section who because of delayed compensation and relief suffer great hardship. Industrial unit seldom are willing to compensate them, as a result they have no other choice to go to the doors of …show more content…
This compelled the Government of India to take some concrete decisions and carried out some historical legislations. Most notable of them was the umbrella Environment Protection Act, 1986 which increased the power of Central government to enter, inspect and close down facilities that had formerly under inadequate supervision. The Factories Act of 1987 and the Hazardous Wastes (Management and Handling Rules) 1989 also imposed various responsibilities on such industries. The Public Liability Insurance Act of 1991 made such hazardous factory owners to insure against potential injuries and damage to the surrounding …show more content…
The industry had to compulsorily insure itself and compensation for death, injury, medical expenses and damage to property was to be paid on a no fault basis under this statute while preserving the right of the injured to claim additional compensation under the ordinary law. Various provisions were incorporated laying down certain powers, penalties, amount of relief and reimbursements, appointment of officers etc. but after analyzing the act we found that the act lacked in implementation. There was no proper check on renewal of insurance policy, the legal procedure was slow and there was a misuse of powers by the officials appointed. Moreover it is very difficult for common man to understand the complicated provisions under this act. So to overcome these deficiencies of the act, the laws need to be revised time and again so that they don’t lose pace with present scenario and are in accordance with present
The industrialisation in India has also increased the number of hazardous industries. This growth of hazardous industries has also increased the risk from accidents, not only to the workman but also to the innocent public who are in vicinity. Such accidents in the past had led to death and injury to human beings and other living beings as well it has caused damage to private and public property. While the workmen are in protection of separate laws, the burden is on the public. Very often the majority of the person involved are from weaker section who because of delayed compensation and relief suffer great hardship. Industrial unit seldom are willing to compensate them, as a result they have no other choice to go to the doors of …show more content…
This compelled the Government of India to take some concrete decisions and carried out some historical legislations. Most notable of them was the umbrella Environment Protection Act, 1986 which increased the power of Central government to enter, inspect and close down facilities that had formerly under inadequate supervision. The Factories Act of 1987 and the Hazardous Wastes (Management and Handling Rules) 1989 also imposed various responsibilities on such industries. The Public Liability Insurance Act of 1991 made such hazardous factory owners to insure against potential injuries and damage to the surrounding …show more content…
The industry had to compulsorily insure itself and compensation for death, injury, medical expenses and damage to property was to be paid on a no fault basis under this statute while preserving the right of the injured to claim additional compensation under the ordinary law. Various provisions were incorporated laying down certain powers, penalties, amount of relief and reimbursements, appointment of officers etc. but after analyzing the act we found that the act lacked in implementation. There was no proper check on renewal of insurance policy, the legal procedure was slow and there was a misuse of powers by the officials appointed. Moreover it is very difficult for common man to understand the complicated provisions under this act. So to overcome these deficiencies of the act, the laws need to be revised time and again so that they don’t lose pace with present scenario and are in accordance with present