Krati Singh Bhadouriya, Indian Institute of Management, Rohtak
ABSTRACT
This case concerns the application of the Polluter pays principle in India when the Indian council for Enviro-Legal Action, an environmental organization, filed a writ petition in the Indian Supreme court to bring light on the woes of the people of Bicchri Village in Rajasthan, whose lives were severely affected by the pollution caused due to actions of Chemical plants producing hazardous chemicals such as 'H' Acid, Oleum Gas, majority of whom were operating without obtaining NOC{No Objection Certificate} from Rajasthan state pollution control board. This case attracted the implementation of the Polluter pay principle and the principle of absolute liability by the Judiciary while apportioning the liability of the offenders.
Although the judgment was passed in the same year as the petition was filed, it took around 15 years to ensure the compliance of the judgment by respondents, as they were trying to drag this case in the name of filing an interlocutory application to keep the litigation ongoing. This showcased the abuse and exploitation of power that the Indian Constitution guarantees and asks for immediate stringent actions by the Indian parliament and Indian Judiciary.
This is one of the landmark cases in the history of environmental claims in India. It attracted the implementation of the Polluter pays principle for the first time in India by Indian Judiciary.
