Need for Corporate Manslaughter provision in India

India is globally well known for its abundant labour force but fails to protect its labour from hazards and other threats. Approximately 48,000 deaths are occurring every year due to occupational hazards. A general aspect common between most of these incidents is the lack of due diligence by the Corporate Entities. Due to a lack of constant check by the authorities and other reasons such as cost-cutting etc. many Corporate Entities do not take adequate measures and safety precautions. Such haphazard attitude of the Corporate Entities, make the workplace prone to risks that do end up taking the lives of the helpless labour. Such a result does not gravely affect the Corporates and hence fails to work as a deterrent mechanism. Many cases do not even get reported by mainstream media which results in the Companies escaping liability. “Corporate Manslaughter” is a concept mostly found in countries like Australia and the United Kingdom which have the impact our country needs today. This paper focuses on Corporate Deaths and what is the existing legal provisions dealing with the same, the gap in the existing law, and how such a gap can be filled with a provision similar to Corporate Manslaughter.

The British Safety Council Study in 2017 reported alarming statistics showing an even bleaker picture. This report stated that the Safety norms in India are not taken seriously; there is a shortage of inspection staff roughly around 1 inspector for 506 factories. The report stated that 48,000 workers die of occupational accidents every year in India and the lax regime on safety and other compliance norms might play a role in the same. There are many laws and rules present that do offer compensation to the victim’s family but these provisions are spaced out in different laws and rules and in reality, one must be aware of all the existing provisions and go through a lengthy procedure to receive compensation for the family member’s death. The existing provisions in India are large in number not having the impact that is required in these pressing times. There is no unified provision looking after the workforce’s safety and compensatory requirements. Affected families or persons are at a disadvantage if they are unaware of the necessary requisites and varied provisions and therefore to make recourse easy for those affected. A solution to minimize the issues arising would be by incorporating stricter rules, regulations, and adherence to the law which can play an essential role in limiting such negligent acts by Corporates. There is a need for a deterrent provision to ensure that Companies do implement safety measures in place, without a hassle, injuries, or deaths.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.