Polluter Pays And Human Rights: Striking A Balance In Environmental Jurisprudence
- IJLLR Journal
- 4 days ago
- 2 min read
Nanki Kour Chhabra, B.A., LL.B. (Hons.), SVKM’s NMIMS, School of Law, Indore
Anavi Naik, B.A., LL.B. (Hons.), SVKM’s NMIMS, School of Law, Indore
ABSTRACT
The Polluter Pays Principle, or "PPP," is a well- established environmental law theory in India and around the world. It has become a pillar of environmental law, emphasizing the need to hold polluters financially responsible for environmental harm. Though being aware of the fact that the idea is broadly accepted, there is considerable discussion and disagreement regarding its meaning and application. As a result, different circumstances have given the principle varied interpretations. The principle's interpretation is also influenced by its intended use in a given situation, whether it be redistributive or preventive. The SC's landmark 1996 decision in the Bichhri case marked the introduction of the principle into Indian jurisprudence, and the Vellore case swiftly followed with its reaffirmation.
This paper delves deeper into the principle's complex relationship with the absolute liability doctrine, a concept that was specifically drafted by the SC, as it attempts to address the twin issues of making polluters answerable for damage to the environment and guaranteeing the restoration of damaged ecosystems. Additionally, implementing the PPP depends on various crucial elements, including identifying the polluter, specifying the circumstances that trigger their financial responsibility, identifying the recipients of the payment—whether they be the government, private citizens, or both—and determining the type and scope of the payment itself. Courts have explicitly or implicitly invoked this principle when addressing the accountability of current or potential polluters, and judicial decisions have often been based on it. However, the principle’s conceptual foundation and its judicial interpretation have not been thoroughly analyzed. This paper seeks to address this gap or inadequacy of knowledge through a deep dive into the judicial pronouncements of the National Green Tribunal (“NGT”). Furthermore, this article provides a brief summary of the progress of the "polluter pays principle" as an environmental economics principle as well as the evolving jurisprudence. India's environmental jurisprudence has continuously connected the right to a healthy and sustainable environment with the right to life, as guaranteed by Article 21 of the Indian Constitution. This essay examines the relationship between PPP and human rights, emphasizing how the principle affects underprivileged groups and the more general right to a clean and healthy environment. In order to improve the implementation of PPP, this paper's conclusion highlights the necessity of a strong institutional framework and more international cooperation.
The PPP has the potential to be a powerful tool for advancing environmental justice and sustainable development in India if its shortcomings are addressed and its implementation is improved. This article offers a thorough explanation of the PPP and its changing significance in India's environmental governance through a thorough examination of seminal judgments, legislative measures, and real-world implementations.
Keywords: Polluter Pays Principle, Emerging Jurisprudence, Judicial Interpretation, NGT, Right to Life.
