A Weapon Against Domination: Polluter Pay Principle

Anusha Arif
Aligarh Muslim University, Uttar Pradesh, India

Volume-1, Issue-2, 2018

The problem of environmental degradation is a universal one. It cannot be resolved by one country alone. There are certain liability principles that are acceptable in every country. One such principle is the ‘Polluter Pay Principle’. In the following article the discussion of this principle is looked into in detail and goes into explore the Indian judiciary’s role in successfully adopting it to curb the problem. The Indian judiciary gave weight age to the polluter pay principle to the extent and beyond the Strict Liability Principle available under the common law.  The paper further discusses the growth of the principle in India in relation to the Oleum Gas Leak case and other factors that forced the adoption of a strict policy in the name of absolute liability. The judgment of the case was ground breaking and set a new path in the way of the judiciary


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