Abstract

The Polluter Pays Principle (PPP) has evolved as a cornerstone of environmental jurisprudence, ensuring that the entities responsible for environmental pollution bear the cost of remediation and mitigation. Originating from the OECD Guidelines of 1972, the principle has been widely incorporated into international environmental governance frameworks, including the Rio Declaration (1992). In India, PPP has gained significant legal recognition through constitutional provisions, statutory laws, and landmark judicial pronouncements. This paper critically examines the evolution, implementation, and challenges of PPP within the Indian legal and policy framework, assessing its effectiveness in addressing environmental degradation.The legal foundation of PPP in India can be traced to the constitutional mandate under Articles 21, 48A, and 51A(g), which emphasize the right to a clean environment, the state’s duty to protect the environment, and citizens’ responsibilities towards environmental conservation. Further, statutory enactments such as the Environment Protection Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981 have incorporated PPP principles through regulatory mechanisms. However, it is through judicial activism that PPP has been firmly established as a fundamental principle of Indian environmental law. The Supreme Court of India and the National Green Tribunal (NGT) have played a pivotal role in shaping and enforcing PPP through landmark judgments.A critical analysis of significant judicial precedents demonstrates the judiciary's approach in interpreting and applying PPP. In Indian Council for Enviro-Legal Action v. Union of India (1996), the Supreme Court explicitly held that polluters must bear the cost of environmental damage. Similarly, in Vellore Citizens Welfare Forum v. Union of India (1996), the Court recognized PPP as an essential component of sustainable development, linking it with the Precautionary Principle and Intergenerational Equity. The Sterlite Industries case (2013) and LG Polymers Gas Leak case (2020) further reinforce the judiciary’s role in imposing liability on polluting industries. The National Green Tribunal (NGT) has also been instrumental in enforcing PPP by levying environmental compensation and directing polluters to undertake restoration measures. To enhance the effectiveness of PPP in India, this paper argues for a more robust enforcement framework, including stricter penalties, transparent assessment mechanisms, and increased public participation. The adoption of market-based instruments such as green taxes, carbon credits, and extended producer responsibility (EPR) schemes can provide an economically viable approach to enforcing PPP. Additionally, learning from international best practices, such as the European Union’s environmental liability regime, can help India refine its approach towards polluter accountability.

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