IMPLEMENTATION OF THE ‘POLLUTER PAYS PRINCIPLE’ IN INDIA: GAPS AND REFORMS
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Abstract
The "Polluter Pays Principle" (PPP) is a key concept in environmental governance, requiring that those who generate pollution should bear the cost of managing it to avoid environmental degradation. Though India has recognized this principle through judicial activism and some legislative provisions, its practical enforcement remains fraught with challenges. This paper explores the origin and evolution of PPP both internationally and in the Indian context, examines its legal and institutional framework, analyzes key judicial interventions, and identifies the primary gaps in its implementation. It concludes with comprehensive reforms that could enhance the efficacy and enforcement of PPP in India.
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References
Vellore Citizens’ Welfare Forum v. Union of India, AIR 1996 SC 2715
Indian Council for Enviro-Legal Action v. Union of India, (1996) 3 SCC 212
M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388
National Green Tribunal Act, 2010
Environment (Protection) Act, 1986