AN ENCAPSULATION OF POLLUTER PAYS PRINCIPLE

Abstract

“Environment is no one’s property to destroy; it’s everyone’s responsibility to protect.” 

― Mohith Agadi 

Pollution has been the main concern in topical times due to which every person has to pay a price for it metaphorically, the governments have had to build up laws that address the rising concern for the fortification of environment and human welfare, one such principle arrogated by governments all around the world is the Polluter Pays Principle (PPP). The vital notion behind the Polluter Pays Principle is that the person or entity accountable for an act of pollution and consequences thereof should be answerable for the costs associated with the pollution. The subject of pollution is a relatively new concept in terms of politics and government legislation in 21st century. When the contemporary era started the industries were polluting atmosphere, oceans and groundwater on habitual basis with very slight government interference or legal repercussions but with that social awareness also started budding in people towards making environment a priority. As a upshot of growing awareness regarding the negative effects of human interaction with the environment, governments all around the world started adopting legislations that barred pollution much of which was ushered by polluter pays principle. This principle plainly places the accountability of paying the damages upon the person who is ought and liable to pay. PPP was one of the guiding principles in 1972 OECD Council Recommendation and in Rio Declaration 1992 espoused in principle 16. It is one of the most renowned principle in the international environmental law where the polluter has to reimburse the cost for fixing the contamination caused by him. In India this principle has grown as well as developed through many cases and is considered as an impression embodied in sustainable development which facilitates towards a better environment.