CONCEPTUALIZING THE POLLUTER PAYS PRINCIPLE AS A PART OF ENVIROMENTAL LAW JURISPRUDENCE
The conceptual background of the Polluter Pays principle under the environmental law jurisprudence can be traced to the thought process that the one who will pollute the environment, should be the one to bear the resultant cost to the extent of environmental harm so caused by him/her. The Organization for Economic Cooperation and Development (OECD) council adopted this principle in 1972 and subsequently, this principle was adopted in 1992 as Principle 16 of the Rio Declaration.
This principle breaks down into two understandings-
a. Polluter should be the one to pay for administration of the pollution control system
b. Polluter should be the one to bear the cost of pollution he/she caused to the environment
This principle thereby shifts the responsibility of environmental damage from the government to the ones who are really responsible for it ensuring economic efficiency thereby creating much more responsible citizens as employers or employees.
The polluter pays principle has been deeply rooted in our judicial interpretations since a long time now. Starting from the Oleum gas leak case, wherein the court laid down that every enterprise, that is engaged in hazardous/inherently dangerous industry posing a potential threat of health and safety of those working there and surrounding nearby, owes absolute responsibility to make sure that no harm takes place on the account of such hazardous or inherently dangerous act of its. If such harm occurs, it is the enterprise that will be absolutely liable to compensate for the same and reasonable care will not be defence available to it.
In another case of Vellore Citizens' Welfare Forum vs. Union of India, the court laid down that such absolute liability extends not only towards the victims but also the restoration cost of the damaged ecosystem and environment.
Hence, we can see that the Polluter Pays Principle has helped a lot in finding the real culprits behind the environmental degradation that has been rampant since the last century. Principles like these help to deter such nonchalant behaviours thereby ensuring better environmental protection and stricter compensation to the well-deserved.
REFERENCES-
· M. C. Mehta v. Union of India AIR 1987 965.
· Vellore Citizens' Welfare Forum vs. Union of India6 1996(5) SCC 647.