Polluter Pays Principle And its Applicability In Indian Context

In the early 20th century there was no law regarding the universal applicability of environmental
laws. The developed countries and the developing countries polluted the environment in the name
of Industrialization without caring for the environment and any control over it . But after the end of
2nd world war various countries came together and joint hand to build laws and enforce various
treaties which will be applicable to all the countries . After years of preparation the European level
Legal Standard accepted two principles i.e the Precautionary Principle and the Polluter Pays
Principle. These principles are in paragraph 2 of Article 174 of the EC Treaty. The polluter pays
principle states that the state which is responsible for the pollution shall pay to the damage caused
to the environment. This principle means the absolute liability for harm to the environment. Thus it
became a principle of remediation of the damaged environment - a part of the process of sustainable
development.
The Supreme Court has in a recently decided case held that this principle envisages
"precautionary protection" against environmental hazards by avoiding or reducing environmental
risk before specific harm is expected. thus it has became a part of the principle of sustainable
development .Now it is well settled that this principle has became a part of environmental
jurisprudence .But a study of the decision pronounced by the Supreme Court of India reveals that
there still exists doubt with regard to its contents and scope.

STATEMENT OF PROBLEM
1)Implementation of polluter pays principle in Indian context.
2) Various provisions regarding polluter pays principle.
3) Various Judgment regarding polluter pays principle.
4) Benefits of implementing Polluter Pays Principle in India.
AIMS AND OBJECTIVES
To analise the effects of Polluter Pays Principle and its importance and relevance in India.

SCOPE AND LIMITATION

The study is limited to the regulations in Polluters Pays Principle and its to how much extent it is
applicable in India.

RESEARCH METHODOLOGY
The researchers under this study shall follow doctrinal research by referring books and online
resources for articles and journals for studying the Polices and Regulation regarding Credit Card
system in India. The research is exploratory in nature. The primary sources used includes online
resources for articles and resources.

TENTATIVE CHAPTERISATION

Introduction

Need for International Environmental law

Development of Polluters Pays Principle

Effects of Polluter Pays Principle

Implementation of Polluter Pays Principle in Indian context.

Conclusion

LITERATURE REVIEW
BOOKS

Environmental Law in India

Prof. P.Leelakrishnan

Environmental Law in India: Issues and

Responses

R.B. Singh and Suresh Misra

Environmental Laws in India

Dr. A.K.Tiwari

Environmental Laws and Management in India

Dr. N V Paranjape

Environmental Laws and Policies in India

Dr. Rinku Gupta

Environmental & Pollution Laws in India (in 2

Vols.)

Justice T.S.Doabia, with a

Foreword by Dr. M.Veerappa
Moily

Law and Environment (Leading Cases Materials

& Q.A.)
websites

www.environmentallawsofIndia.com

edugreen.teri.res.in

www.yourarticlelibrary.com

www.environmentallawsofIndia.com

www.yourarticlelibrary.com

Ashok K.Jain

www.legalservicesIndia.com