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Holding Polluters Accountable – The Power Of Polluter Pays Principle In Himachal Pradesh




Mannat Bhardwaj, Himachal Pradesh University


ABSTRACT


The Polluter Pays Principle (PPP) is a vital legal mechanism that ensures polluters bear the cost of environmental damage caused by their actions. In Himachal Pradesh, a state characterized by its fragile Himalayan ecosystem, PPP has been instrumental in addressing critical environmental challenges such as deforestation, illegal mining, and pollution-induced natural disasters. This research paper explores the application, legal framework, and impact of PPP in Himachal Pradesh, focusing on landmark cases and judicial interventions. The National Green Tribunal (NGT) has played a significant role in enforcing PPP in the state. For example, the 2014 ruling on Rohtang Pass highlighted the detrimental effects of black carbon emissions on glacial retreat, attributing 40% of glacial melting to these emissions. The court ordered sweeping measures, including restricting transport to eco-friendly vehicles and implementing reforestation programs under strict monitoring. Similarly, recent NGT directives in 2024 addressed illegal mining and deforestation by imposing environmental clearance costs on violators to recover damages.


This paper also examines challenges in implementing PPP effectively, such as difficulties in quantifying environmental harm and ensuring proportional penalties. By analyzing judicial precedents and policy measures, this study underscores how PPP can balance environmental protection with developmental needs in Himachal Pradesh.


Keywords: Polluter Pays Principle, Environmental Accountability, Himachal Pradesh


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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