INCREASE IN LPG GAS BLAST IN INDIA

INCREASE IN LPG GAS BLAST IN INDIA

Author:- Romika Narotra, 2nd Year law student at Amity University Noida

The number of LPG gas explosions has increased in India for a number of reasons. The incorrect handling and storage of LPG cylinders is one of the main causes. Small living quarters in heavily crowded cities frequently result in risky storage methods, such as the careless placement of cylinders that exposes them to potential harm. Additionally, the prevalence of unauthorised petrol merchants and inferior cylinders in rural areas poses a serious risk because these sources frequently forgo safety standards in order to save money.

• 3 MAIN ISSUES: 

• Lack of awareness and education:

The lack of knowledge and instruction on the safe use of LPG is another crucial aspect of this problem. Many users, particularly those in rural regions, lack appropriate knowledge about the right ways to handle, store, and use LPG cylinders. Because identical safety measures are frequently disregarded, this misinformation serves as a breeding ground for mishaps.

• Infrastructure Challenges:

Gas pipelines and distribution networks, among other existing infrastructure, are under tremendous pressure due to India's fast expanding population. Ageing pipelines, poor upkeep, and a lack of routine safety checks all contribute to the vulnerability that allows residential areas to encroach on industrial zones, potentially increasing the effect of gas-related accidents.

• Government initiatives and regulations:

The government must take proactive measures to stop this worrying trend, which includes stiffening rules on the production, distribution, and storage of LPG cylinders. Regular inspections, rigorous licencing requirements, and sanctions for non-compliance can all serve as barriers to harmful practises. Additionally, spending on public awareness efforts, particularly in rural regions, can inform customers about how to use LPG safely and the risks involved.

• LEGAL PRINCIPLES:

1. DUTY OF CARE:

In cases involving LPG gas blasts, establishing a ‘duty of care’ is fundamental. In the Indian case of Saroj Bala v. Raju gas service concept of duty of care was noticed. If a gas company or distributor fails to uphold the standard of care expected in handling and distributing LPG, they can be held liable for any damages caused due to their negligence. 

2. CONSUMER PROTECTION:

Under the consumer protection act, 2019 in India consumers have right to demand compensation for any harm caused due to defective goods or services. If a faulty LPG cylinder or improper service leads to an explosion, affected individuals can seek legal recourse under this act. 

3. NEGLIGENCE:

In cases where negligence is evident, the principles of negligence as outlined in case of Cherpu bhagavathy kshethra samithi v. Bharath petroleum Corpn. LTD can be applied. If a gas company fails to exercise reasonable care, leading to an accident, they can be held liable for negligence. 

4.  PUBLIC NUISANCE:

If the improper handling of LPG leads to an explosion affecting a considerable number of people, the legal concept of public nuisance applies. The affected parties seek remedies under this doctrine as also noticed in case of M/S Ramananda Gas Agency vs The Deputy Commissioner 

• LEGAL ASPECT

• Petroleum and Explosives Safety Organization (PESO) Regulations: In India, the regulatory body in charge of overseeing compressed gas, petroleum, and explosive safety is known as PESO. In order to prevent mishaps, they enforce safety regulations and grant licences for the use, storage, and transportation of LPG.

• Civil Liability: Individuals or entities found responsible for the gas blast may be liable for civil claims. Victims or their families can file lawsuits seeking compensation for damages, medical expenses, loss of income, and other related costs.

• Insurance Laws: Insurance policies, such as property insurance or liability insurance, might come into play depending on the specifics of the incident. Insurance companies will assess the situation and provide compensation according to the terms of the insurance policies.

• Regulatory Compliance: Companies involved in the storage, distribution, and use of LPG are required to comply with safety regulations. Failure to comply with these regulations can result in legal consequences, including fines and shutdown of operations.

CONCLUSION:

• The rise in LPG gas blasts in India is a grave concern that demands urgent action. By addressing the increase in LPG gas blasts which also necessitates a collaborative effort between the government, regulatory bodies, gas companies, and citizens,  Public-private partnership can be instrumental in implementing safety measures and upgrading infrastructure ,  training programs for gas company employees, as well as end-users by these few addressing measures India can mitigate the risks associated with LPG usage. It is essential for all the stakeholders to work together to create a safer environment for everyone , ensuring that the benefits of LPG reach households without compromising on safety. Only through concerted efforts can India successfully overcome this challenge and pave the way for a secure energy future.