MISFEASANCE: THE PROXIMATE CAUSE OF CONSEQUENTIAL HARM TO THE ECOSYSYTEM

Author – Maghima Murali, Student at School of Excellence in Law, Chennai

Best Citation – Maghima Murali, MISFEASANCE: THE PROXIMATE CAUSE OF CONSEQUENTIAL HARM TO THE ECOSYSYTEM, ILE INTERNATIONAL LAW REVIEW, 1 (1) of 2023, Pg. 21-26, ISBN – 978-81-961120-9-7

ABSTRACT

 Ecosystem: The larger-scale surroundings in which every earthling lives .We, as inhabitants, devastate the ecosystem in a variety of ways.  The main reason being misfeasance—the act of not doing an action properly when it should have been done properly. This tortious liability for negligence arises from a legal cause that results in huge destruction due to a lack of duty of care. When such destruction happens, it causes a great grievance to the ecosystem, affecting it in the long run. Such hazards degrade the environment and disrupt society and the economy. The Bhopal gas tragedy was one of these devastations.

These deteriorations cause long-term hazards, which include huge landfills. due to the negligence of industries. The hazardous waste of these industries depletes the soil’s surface layer. Thus, depleting the base of the ecosystem. This reduces the scope of future development. The neglect causes major land or soil depletion. This tortious liability of land contamination must be taken contemplatively.

In this paper, we will discuss the effects of misfeasance that cause huge soil degeneration. And our ideas for preventing this depletion from occurring .Agroforestry is one such example.  The other being stream stripping. Imposing strict tort liability on industrial destruction for negligently disposing waste in any form gas, liquid, or solid is another way. The Environment Protection Act of 1986, enacted in the aftermath of the Bhopal gas tragedy, must be implemented conscientiously.

KEYWORDS: Misfeasance, tortious liability, Environment , Disasters, Soil pollution