“Corporate Manslaughter: Legal Theory or Practical Reality in India“

Abstract

The concept of corporate criminal liability is a developing topic in India, but offenses such as corporate manslaughter are new to Indian jurisprudence, but are covered by various labor dimensions of corporate homicide. There are no specific offenses for manslaughter caused by corporate under Indian law like in U.K. In 2007 United Kingdom pass a corporate manslaughter and corporate homicide act. India has had a considerable number of industrial accidents. Officially, the Bhopal gas tragedy of 1984 claimed 5,295 lives; The korba chimney collapse of 2009 caused 45 deaths. As per the data from the LABOUR AND EMPLOYMENT MINISTRY, 3,562 workers died in factory accidents across India between 2014 to 2019, according to 2017 study of British safety council, 48,000 workers die of occupational accidents every year in India. Recently, the committee for reforms in criminal laws set up by ministry of home affairs, has solicited responses via a questionnaire highlighting issues in the current legal framework, amongst which lies the question of introducing the offense of corporate homicide” in the Indian penal code .The corporate manslaughter and corporate homicide act 2007 in the united kingdom, can potentially serve as a reference point for legislation in India. In India such statutes like COMPANY’S ACT 2013 talks about the corporate criminal liability and sentencing, because company is a separate legal entity. But corporate homicide is not considered as a specific offense in India. This paper analyses the corporate manslaughter act 2007 in the U.K., which made it an indictable offenses. The need for such legislation in addition to already existing legislation is examined by comparing the law in U.K. With that of India.