POLLUTER PAYS PRINCIPLE AS A PRINCIPLE OF SUSTAINABLE DEVELOPMENT: A STUDY IN INDIAN SCENARIO

Abstract

The growing consciousness about the environment have led to a lot of debates and studies across the globe on the aspect of environment deterioration and solutions to protect the environment for future generations. One principle that has been 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 penalty upon the polluters of 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 have been made a part of Indian environmental jurisprudence by the honorable courts through a number of cases. In this paper, the application of the principle by the Indian judiciary and the National Green Tribunal has been discussed 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.