An Analysis Of The Polluter Pays Principle In Indian Framework

Yashita Chaddha, Amity Law School, Noida

INTRODUCTION

According to the widely accepted "polluter pays" principle, individuals who cause pollution should pay the expenses of controlling it to prevent harm to the environment or to human health.

According to the "polluter pay concept," the polluter must pay for the rehabilitation of any environmental damage in addition to compensating the victims of pollution. Under the OECD Recommendation (1)(2) of 1972 and 1974, public authorities decide what steps the polluter should take to manage the pollution so that the environment is in an acceptable condition after the industry has operated. As a result, both the expense of environmental restoration and the cost of health risks to the general public are borne by the polluter.

For instance, a plant is often held accountable for the proper disposal of any potentially toxic waste that is produced as a by-product of its operations.

The Organisation for Economic Cooperation and Development (OECD) first proposed the "polluter pay" principle in 1972. According to the study, the polluter is in charge of limiting and preventing pollution caused by the factory's operations. The International Commission on Environment and Development quickly recognised pollutants as a type of waste. Hence, the spread of contaminants into the environment was seen as an inefficiency of industrial production. In order to control the pollution issue, the "polluter pays principle" was implemented as a powerful economic, administrative, and legal weapon. The "polluter pays" idea is a component of a larger set of guidelines for sustainable development that apply globally. It is a part of Indian environmental legislation.