This article is written by Arunima Banerjee pursuing International Contract Negotiation, Drafting and Enforcement from LawSikho.
This article is published by Anshi Mudgal.
Introduction
Explosives and fireworks are used on a large scale in industries, mining, construction and public festivities. But managing them incorrectly can cause major accidents, which result in property damage, physical injuries and even death. Accidents caused by fireworks during festivals and public gatherings increase the danger that is involved. These kinds of incidents create a threat to lives but also lead to environmental and noise pollution.
The fireworks and explosives industry is regulated in India to maintain public safety. There are various laws, such as the Explosives Act, 1884 and the Explosive Rules, 2008, which control and look after the manufacturing, storage and use of explosives and fireworks.
This article discusses the legal consequences that can be caused by explosives or fireworks under Indian tort law. It analyses applicable statutes, case laws and judicial interpretations while exploring the legal solutions for affected individuals.
Understanding tort law in India
The Tort Law of India deals with the violation of someone’s rights or property. It is based on the commitment to act responsibly and prevent harm. If this duty is breached, the victim can opt for legal remedies.
The key principles are “duty of care”, “breach of duty”, “causation”, and “damage”. The main aim is to compensate victims rather than punish the guilty. Solutions are “monetary compensation” and “injunction”, providing justice and deterrence. Torts can be classified into four categories. The categories comprise negligence, nuisance, strict liability and absolute liability.
Categories of torts
Negligence
Negligence happens when there is a failure to provide the right amount of care, resulting in harm to the other party. For example, a fireworks seller ignores the given safety norms, which triggers severe accidents and injuries, thus resulting in making the person legally accountable for the harm that has been done by their carelessness or irresponsible actions.
Nuisance
Nuisance is the illegal interference with somebody else’s rights, like loud noise, hazardous smoke or air contamination and pollution from fireworks. Legal steps shall be taken to stop or to make up for any disturbance that obstructs the public or private enjoyment of any property.
Strict liability
Strict liability holds individuals responsible for harm that is caused by risky activities, even if no negligence was there. For example, manufacturers and sellers of fireworks are going to be held liable for any harm caused by their products, even if they had taken all safety measures and handled them with proper care.
Absolute liability
Absolute liability, a stricter rule in India, holds hazardous industries fully responsible for all the damage caused by their operations, regardless of fault or any precautions taken. This provides more security for the people who are suffering from accidents in industries.
Relevance to damage caused by explosives and fireworks
The use of explosives and fireworks often causes accidental damage, which raises legal concerns in terms of liability and public safety. Such kinds of incidents are regulated by the Indian laws like the Explosives Act, 1884 and the Explosive Rules, 2008. Fireworks and explosives trigger risks of injury, pollution and loss of property.
In many cases, courts have enforced strict liability, negligence and duty of care principles. In “strict and absolute liability”, manufacturers, sellers and event organisers are liable, compensating the victims and enforcing safety measures.
Legal framework governing explosives and fireworks in India
India controls explosives and fireworks by maintaining strict laws. There are a few laws in India which are used for governing and penalising the misuse of explosives and fireworks, and some laws regulate pollution and safety hazards, making a balanced system for safe usage while minimising risks. All are discussed below:
The Explosives Act, 1884: Regulation of manufacturing, storage, and transportation of explosives
The manufacturing, storage and shipment of explosives are governed by The Explosives Act, 1884. This act requires licensing and safety measures to prevent accidents. The government has the right to establish rules about handling and distribution to make sure of public safety.
The Explosive Substances Act, 1908: Penal provisions for the unlawful use of explosives
The Explosive Substances Act, 1908, imposes severe punishments for the unlawful use, possession and production of explosives. Offences which lead to risk to life or property may result in strict punishments, including life imprisonment. This law mainly focuses on stopping the misuse of explosives for crimes.
The Environment Protection Act, 1986: Noise and air pollution from fireworks
The environmental pollution from various different sources, including fireworks, is regulated by the Environment Protection Act, 1986. Government agencies supervise, limit and restrict the use of dangerous substances in fireworks to control noise and air pollution, primarily during festivals.
The Explosive Rules, 2008: Safety and regulatory framework
Explosive Rules, 2008 set regulatory and security norms for the production, trade and sale and usage of fireworks. It mandates restrictions on hazardous chemicals and noise levels to reduce risks and accidents and minimise environmental damage.
The Air (Prevention and Control of Pollution) Act, 1981: Restrictions on pollution caused by fireworks
The Pollution Control Boards are authorised by the Air (Prevention and Control of Pollution) Act, 1981, to control air pollution from firework emissions. The Supreme Court of India has restricted high-emission fireworks and has encouraged the use of eco-friendly alternatives.
Tortious liability for damage caused by explosives and fireworks
The handling of fireworks and explosives is very risky, often resulting in damage to property. Liability under the law of torts arises through strict liability, negligence or nuisance, based on maintaining safety and security standards or anticipation of harm. They are discussed below:
Negligence: Liability due to failure to take reasonable precautions
Negligence is when a person is careless and doesn’t take proper safety measures while using explosives and fireworks, leading to injury. Carelessly using fireworks in a crowded place, causing fire or injury, the person causing the chaos will be held liable.
Nuisance: Public and private nuisance caused by loud noises, air pollution, or accidents
Nuisance involves both public and private disturbances caused by fireworks. When the Public is impacted by air pollution, noise pollution or unsafe firework displays fall under public nuisance.
Private nuisance happens when fireworks interrupt the use and enjoyment of an individual’s property. If the fireworks destroy one’s property or disrupt the peace, the victim may claim legal compensation.
Strict Liability: Applicability of the Rule in Rylands v. Fletcher
In the case of Rylands v. Fletcher (1868), a party keeping harmful materials like fireworks is responsible if they leave and any damage is caused by it. Even if protective steps were taken, accidental explosions or fire outbreaks may result in strict liability, provided the subject is non-natural and causes injury.
Absolute Liability: Application to hazardous substances, following MC Mehta v. Union of India
Absolute liability for harmful activities has been introduced in the case M.C. Mehta v. Union of India (1986). In contrast to strict liability, absolute liability has no exception. Manufacturers of fireworks, large-scale operators or event organisers involving explosives will be held liable for the accident and harm caused.
Landmark Cases Related to Explosives and Fireworks in India
The rules of explosives and fireworks in India have been a matter of judicial review, particularly relating to safety, environmental effects and public health.
Many landmark cases have developed the legal framework governing these materials. Some cases are as follows:
MC Mehta v. Union of India (1986): Introduction of absolute liability
MC Mehta v. Union of India (1986) is a landmark case in Indian Environmental law, forming the principle of absolute liability. The Supreme Court of India stated that factories and industries involved in hazardous and dangerous operations are strictly liable for any damage caused, regardless of any negligence.
This pioneering work was a consequence of the “Oleum Gas Leak”. This case highlighted that industries that deal with and handle dangerous materials should take responsibility for any environmental damage caused, ensuring accountability and public safety.
Vishnu Dutt Sharma v. State of Uttar Pradesh (2009): Liability for unauthorised explosives use
In the case law of Vishnu Dutt Sharma v. State of Uttar Pradesh (2009), the Supreme Court dealt with the issue of illegal possession and use of explosives. The Court claimed the need for complying with the ‘Explosives Act, 1884’ and the ‘Explosive Rules, 2008, ’ specifically highlighting that these kinds of illegal activities are punishable and criminal offences.
This judgment focused on the need for strict commitment to safety protocols for governing explosive substances and materials to prevent exploitation, protect social safety, and keep up with the law and order.
Arjun Gopal v. Union of India (2017): Supreme Court’s ban on certain firecrackers to prevent pollution
The Supreme Court of India addressed in the case of Arjun Gopal v. Union of India (2017) the severe impact of firecrackers on air quality and public health, especially in Delhi-NCR. Initially, the Court restricted the sale of a few firecrackers to stem increasing environmental pollution. But still, acknowledging and understanding the relevance of cultural traditions, it thereafter permitted the use of “green crackers”, a more environmentally friendly option which lowered emission levels. This ruling is intended to harmonise environmental protection with the celebration of festivals carefully.
Remedies available under tort law
Tort law gives remedies to individuals who have been harmed by someone else’s illegal act. These remedies aim to compensate the victims and prevent similar misconduct. They are as follows:
Compensation claims for injuries and property damage
This remedy seeks to compensate monetarily the victim for his or her pre-injury condition. It addresses both economic and non-economic damages, such as medical expenses, lost income and repair and replacement of damaged property, as well as any suffering.
For example, if a neighbour’s irresponsible use of fireworks causes a fire that burns your house or somehow injures you, you can seek and claim compensation to cover the financial and personal damages incurred. This guarantees that the victims are acknowledged and properly remunerated and compensated for injuries endured.
Injunctions against the excessive use of fireworks
An injunction is an order from the court that prevents or necessitates certain actions. In cases of misuse and mishandling of fireworks that cause a nuisance, public peace disturbance, or threaten safety, courts may impose an injunction to stop such actions.
For instance, consider a neighbour who constantly uses fireworks late at night and causes disturbance and problems in society and a threat of fire, an injunction will legally oblige them to stop. This guarantees public safety and prevents repeated harm.
Punitive damages for reckless or hazardous activities
Punitive damages are used to punish wrongful activities and actions that are much more than mere negligence, usually where there is any act of recklessness or constitutes blatant disregard for safety. For example, if a person deliberately sets off fireworks in a place full of people and is very crowded, knowing about the danger that can happen, the court will grant punitive damages to stop such behaviour and highlight public safety and security.
Challenges in enforcing tort law for firework-related damages
Enforcing tort law in cases which involve fireworks-related damages is hard due to challenges in proving negligence, lack of public awareness and weak regulation enforcement. These issues make it more complex for the affected parties to seek compensation and punish the offenders. The above-mentioned issues are discussed below.
Difficulty in proving negligence and causation
Proving negligence in firework damage is highly challenging. Victims need to prove that the offender was behaving negligently, and it can result in direct injury. Because fireworks can cause any type of accidents or unforeseen events very fast and may have various causes like defective products or outside interference, providing direct causation becomes difficult. Defendants may argue about the fact that the damage was unexpected or, to some extent, the victims’ liability, making the claims even harder to win.
Limited public awareness of legal remedies
Most of the victims are not aware of their legal rights and remedies that are available under the law of tort, like compensation or injunctions. This unawareness discourages people from seeking justice, which allows the illegal conduct to continue. Public awareness and education about the legal remedies are very necessary to entitle every individual to act and deter repeat offences.
Weak enforcement of existing regulations
Even though there are firework rules, enforcement is quite weak due to a scarcity of resources and neglect of the violations. This lowers the deterrent effect of penalties and promotes dangerous behaviour. Tough enforcement and quicker court procedures are important to ensure adherence and avoid damage.
Conclusion
Strict implementation of the current laws is the key to proper and better control over firework-related damages. The culprits need to be properly punished to prevent such irresponsible behaviour of negligence. This involves regular inspections, imposing fines for the illegal use of firecrackers, and ensuring rapid legal proceedings against the violators.
Better enforcement creates responsibility and promotes safer practices. It is important to apply safety rules for firework production, sale and use. Manufacturers should execute high safety standards to avoid defective products from reaching the market. Also, people who manage firework displays should follow safety protocols like handling them properly and from a safe distance. Implementing strict compliance can gradually decrease accidents and property damage.
Public awareness is important to make sure everyone knows their rights and duties. Initiative must educate individuals about safety standards, legal remedies and the impact of negligence. Also, policy changes sometimes must be needed to modernise old laws, increase victims’ access to justice and promote safer alternatives to traditional fireworks.
Frequently Asked Questions (FAQS)
What legal actions can be taken against a manufacturer of defective fireworks?
Victims can hold manufacturers responsible under the Consumer Protection Act, 2019, for defective fireworks or seek “tort claims” for negligence and the Explosives Act, 1884 sanctions unsafe production.
How does the principle of strict liability apply to fireworks-related damages?
In Rylands v. Fletcher (1868), sellers and manufacturers of fireworks are strictly liable for any damages, even without negligence.
Are firework bans legally enforceable under Indian law?
Prohibitions and bans are legally enforceable under Article 21, the Environment Protection Act, 1986 and the Explosive Rules, 2008.
What should a victim do if injured by an explosion caused by illegal firecrackers?
A victim can seek medical treatment, lodge a police complaint, gather evidence, and claim compensation under the law of torts or the IPC.
