Corporate Liability for Environmental harm in India

  • Anirudh Singh Malik
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  • Anirudh Singh Malik

    Student at School of Law, University of Petroleum and Energy Studies Dehradun, India

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Abstract

Increased environmental degradation such as air pollution, water pollution and soil pollution is a result of India's rapid industrialization. Therefore, the idea of corporate responsibility for environmental damage has become important. The two most important pieces of legislation that make companies liable for environmental damage are the Environmental Protection Act 1986 and the Water (Prevention and Control of Pollution) Act 1974. To ensure that companies are liable for environmental damage, the interpretation and enforcement of these rules by the legal order were crucial. Under Indian law, companies can be held liable for environmental damage, even if it was unintentional or caused by suppliers or subcontractors. In addition, companies must take preventive measures to protect the environment, and if this is not done, they are responsible for any damage that may occur. In India, enforcement of corporate convictions for environmental damage remains difficult, despite the existence of a legal framework. Public understanding of environmental issues and the legislative framework for environmental protection are inadequate, and pollution control agencies sometimes lack the necessary funding to implement the Water (Prevention and Control of Pollution) Act. It is difficult for citizens to hold companies accountable for environmental damage due to a lack of enforcement tools and public awareness. This essay examines corporate responsibility for environmental damage in India, as well as the functioning of the legal system, the judiciary, and the difficulties involved in enforcing these laws.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1620 - 1634

DOI: https://doij.org/10.10000/IJLMH.115612

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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