Polluter Pays Principle As A Principle Of Sustainable Development: A Study In Indian Scenario

Publication Information

Journal Title: South Asian Law Review Journal
Author(s): Suryansh Tiwari
Published On: 29/08/2022
Volume: 8
First Page: 112
Last Page: 125
ISSN: 2456-7531
Publisher: The Law Brigade Publisher

DOI: doi.org/10.55662/SALRJ.2022.802

Cite this Article

Suryansh Tiwari, Polluter Pays Principle As A Principle Of Sustainable Development: A Study In Indian Scenario, Volume 8, South Asian Law Review Journal, 112-125, Published on 29/08/2022, doi.org/10.55662/SALRJ.2022.802 Available at https://salrj.thelawbrigade.com/articles/polluter-pays-principle-as-a-principle-of-sustainable-development-a-study-in-indian-scenario/

Abstract

The growing consciousness about the environment has led to a lot of debates and studies across the globe on the aspect of environmental deterioration and solutions to protect the environment for future generations. One principle commonly used to affix liability on the polluters of the environment is the principle of polluter pays. It has been used as a common principle to impose penalties upon the polluters of the environment which generally includes the compensation to be provided to the victims of environmental degradation as well as the costs to restore the biodiversity of the concerned place.

In the present paper, the author traces the history of the principle and examines its significance, especially in the Indian context. The principle of polluter pays and the precautionary principle has been made a part of Indian environmental jurisprudence by the honourable courts through a number of cases. This paper discusses the application of the principle by the Indian judiciary and the National Green Tribunal along with the limitations of the principle in affixing liability. The issues in the implementation of the principle have also been discussed along with the possible suggestions to improve its applicability.

Keywords: Environment, Polluter Pays, Polluter Pays and Indian Judiciary, Polluter pays in India, Limitations in Polluter Pays Principle

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