The Polluter Pays Principle is a fundamental canon of Indian environmental jurisprudence. It dictates that the cost of preventing and repairing environmental damage should be borne by those who cause it, rather than the taxpayer or society at large.
1. Legal Definition and Scope
In the landmark case of Enviro-Legal Action v. Union of India (1996), the Supreme Court of India clarified that the principle includes:
Compensation: Paying for the damages caused to the victims of pollution.
Restoration: Paying the costs of restoring the environmental degradation (reversing the damage to soil, air, and water).
2. Absolute Liability Connection
In India, the PPP is often applied alongside the doctrine of Absolute Liability. If an industry is engaged in an inherently dangerous activity, it is strictly liable to pay for any harm caused, regardless of whether it exercised "due diligence."
3. Judicial Application
Vellore Citizens' Welfare Forum v. Union of India (1996): The Court ruled that the PPP is part of the "Sustainable Development" framework and is a law of the land under Article 21.
M.C. Mehta v. Kamal Nath (1997): The Court applied this to a motel that had diverted the course of the Beas River, forcing the motel to pay for the restoration of the river’s ecology.
No comments:
Post a Comment