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Strengthening Corporate Liability For Environmental Damage In India: Policy And Legal Reforms For Sustainable Development

Updated: May 14


Sukriti Verma, LL.M., Amity Law School, Amity University

Dr Jyotsna Singh, Assistant Professor, Amity Law School, Amity University


ABSTRACT


Corporate environmental liability is a critical issue in India, where rapid industrialization has led to significant ecological damage. Despite a well- established legal framework, including the Environment Protection Act, 1986, and the Water and Air Acts, enforcement remains weak due to regulatory inefficiencies, corporate non-compliance, and insufficient penalties. This paper examines the evolution of corporate liability for environmental damage in India, analyzing key legislation, regulatory bodies, and landmark judicial decisions such as Vellore Citizens’ Welfare Forum v. Union of India (1996) and the Sterlite Industries Case (2018-2019).


The study identifies major challenges in enforcing corporate liability, including regulatory gaps, corporate influence, weak penalties, and lack of public participation. A comparative analysis of global best practices, such as the CERCLA (USA), the EU Environmental Liability Directive, and Japan’s strict waste management laws, provides insights into strengthening India’s regulatory framework. This research suggests key reforms, including amending environmental laws to impose stricter penalties, enhancing the enforcement capacity of the National Green Tribunal (NGT), and integrating ESG (Environmental, Social, and Governance) compliance into corporate governance. By adopting a more stringent and preventive approach, India can ensure stronger corporate accountability and sustainable development.


The study concludes that balancing industrial growth with ecological conservation requires comprehensive legal and policy reforms, reinforcing corporate responsibility for environmental protection while maintaining economic progress.


Keywords: Corporate Environmental Liability, Sustainable Development, Regulatory Enforcement, Judicial Precedents, ESG Compliance.

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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