The Polluter Pays Principle: Judicial Trends And Challenges
- IJLLR Journal
- Aug 16
- 1 min read
Kailash Chandrakant Agavane, Research Scholar,Shri Jagdishprasad Jhabarmal Tibrewala University, Jhunjhunu, Rajasthan.
Dr. Dharmender, Assistant Professor,Shri Jagdishprasad Jhabarmal Tibrewala University, Jhunjhunu, Rajasthan.
ABSTRACT
Environmental jurisprudence the concept that the polluter pays occupies a fundamental yet still contested position Initially a price mechanism for allocating pollution control damages among industries, it has since changed into a formidable standard for liability giving rise to compensation, restitution and deterrence particularly through Indian constitutional adjudication. The evolution of the principle from its OECD and Rio Declaration origins through its absorption into Indian constitutional law, its institutionalisation before the National Green Tribunal, its comparative treatment under the European Union’s Environmental Liability Directive and United States Superfund legislation, etc., is summed up in this article. There are serious loopholes in implementation such as inconsistent valuation processes, weak execution, a structural anomaly regarding public sector polluters that remains unresolved, the mix-up of compensatory and punitive logic. Furthermore, uneven access to justice. The article suggests a set of constructive, practical reforms aimed at translating a sound judicial principle into a predictable and consistently enforced legal norm.
Keywords: Polluter Pays Principle; Environmental Jurisprudence; Absolute Liability; National Green Tribunal; Sustainable Development; Precautionary Principle; Environmental Compensation; Comparative Environmental Law.
