A study on corporate manslaughter and regulatory reforms in Pakistan

Abstract

In recent years, the phenomenon of Corporate Manslaughter has gained global prominence. These worldwide occurrences highlight the necessity for establishing a legal framework that holds corporations accountable for fatalities stemming from their activities, whether involving employees or members of the public. However, a significant challenge lies in the application of traditional criminal law principles such as actus reus and mens rea to corporate entities, as criminal law was originally formulated with individual persons in mind. Pakistan faces the significant challenge of effectively addressing corporations responsible for unlawful deaths. The current legal landscape in Pakistan inadequately addresses corporate culpability for such incidents. This thesis aims to provide an in-depth exploration of the theoretical foundations of corporate manslaughter. It will delve into various theories prevalent in different jurisdictions, aiming to determine the most suitable approach for the current circumstances in Pakistan. Additionally, this research analyzes the legal frameworks in other jurisdictions, including the UK, Canada, and Malaysia, pertaining to this issue. In the final chapter, this thesis examines the provisions within Pakistani law that can impose criminal liability on corporations. The research encompasses industrial disasters and the prosecution thereof. It is worth noting that Pakistani criminal law has been significantly influenced by English law, which has well-established regulations for addressing corporate homicide. Furthermore, recent developments in corporate criminal liability in the United Kingdom may serve as a valuable reference for Pakistan as it considers reforming its laws. The goal is not only to effectively address corporate homicide but also to deter corporations from engaging in activities that could lead to loss of life.