Facets of Tortious Liability for Environmental Harm in India

Environmental concerns are affecting law and legal system throughout the world in profound new ways. With the growth of global environmental concern nations are uprooting the old laws and coming up with new environmental law and policy innovations. Environment activist, actors and non- governmental organizations are driving the development of new policy and laws. The present paper tries to analyse and interprets the application of torts’ principles in India with respect to the matters related to environmental harm and also compares tortious liability and ex anti-safety regulation in providing a comprehensive remedy for damages caused to the environment. It also includes the judicial decisions which lead to the evolution and development environmental torts in India. This paper suggests the implementation of an effective regulation policies and using the combination of tortious liability and ex-ante safety regulation policy as a tool to control environmental harm.