Precautionary Principle

The Precautionary Principle is a cornerstone of modern environmental jurisprudence, shifting the burden of proof to the polluter.

• Concept: It suggests that if an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific consensus, the burden of proof that it is not harmful falls on those proposing the action.

• Legal Integration: In India, the Supreme Court in Vellore Citizens' Welfare Forum v. Union of India (1996) held that:

  1. Environmental measures must anticipate, prevent, and attack the causes of environmental degradation.

  2. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.