Ecocentric Approaches of the Restorative Justice Theory Vis-à-vis the Legal Issues of Civil and Criminal Liability of the Baghjan Blowout Case in Assam

The Restorative Justice Theory, in the context of an environmental crime or conflict, is a sustainable, as well as, an ecocentric approach to resolve the dispute to regenerate the damaged environment for the benefit of both present and future generations. This jurisprudential concept can be applied to the recent Baghjan Oil Well Disaster Case in the Tinsukia district of Assam for a peaceful extra-judicial resolution involving the State-owned company, the Oil India Limited, the Victims, and the Community. The blowout of Oil Well-5 caused long-term environmental damage and technically speaking, to both the ecology and economy of the region. This extensive damage needs to be looked into from an ecocentric rather than mere anthropocentric point of view for the blowout caused irreparable damage to both flora and fauna of the region. The blowout also evacuated more than 2000 families from the village of Baghjan, near the Dibru-Saikhowa National Park. Many villagers lost their livestock. The Baghjan Oil Well blowout which caught fire subsequently spread rapidly and alongwith destroying a lot of wild flora and fauna also resulted in the death of two persons. The leak from Baghjan Oil Well-5 contaminated water bodies that flow into the MaguriMotapung Beel, a large wetland, and the Dibru-Saikhowa National Parkboth of which lie in the immediate vicinity. The massive fire destroyed more than 50 houses in the Baghjan area. It also caused serious air and water pollution. This paper aims to resolve the issues of human rights violations of the inhabitants of Baghjan village and loss of biodiversity in the Dibru-Saikhowa National Park and MaguriMotapung Wetland involving the Offender (OIL), the Victims (Human and non-human) and the Community and, thereby, applying the restorative justice theory to meet the ends of justice