Polluter Pays’ Principle: Case Analysis of NTPC Ltd. vs. Uttarakhand Pollution Control Board [Video]

Polluter Pays Principle:

The Polluter Pays’ principle states that the one who causes damage to theenvironment should be the one who pays for its restoration, to its originalstate, regardless of the intent. This principle imposes liability on thepolluter, for not only the cost of the restoration of the environment but forcompensation to the victims as well, if any.

1. International levelThe principle was first introduced in 1972 by the Organisation of EconomicCooperation and Development (OECD). The majority of the countries of OECD aswell as the European Community (EC) have supported it.

   Principle 16 of the 1992 Rio Declaration on Environment and Development, as wellas the Kyoto Protocol of United Nations Framework Convention on Climate Change,mention this principle.

2. Indian contextThe Indian Judiciary has also recognized the concept of Polluter Pays’. The principle was first recognized and applied in 1996 in the case of Indian Council for Enviro-Legal Action vs. …