The Court Of India, While Administering Environmental...

The Court of India, while administering environmental justice, has evolved certain principles and doctrines within and at times outside the framework of the existing environmental law. Environmental principles, such as polluter pays principle, precautionary principle and public trust doctrine have been adopted by the Court in its concern to protect the environment from further degradation and improve the same. It is important to note that these principles have been developed in various international agreements and conferences to control and prevent further environmental degradation. Drawing inference from international environmental principles, the Court of India has applied various principles to resolve domestic environmental problems. For example, the Polluter Pays Principle was invoked by the Court of India in the Indian Council for Enviro-Legal Action v. Union of India. Giving the judgment, the Judges held that ‘we are of the opinion that any principle evolved in this behal f should be simple, practical and suited to the conditions obtaining in this country. Once the activity carried on is hazardous or inherently dangerous, the polluter carrying on such activity is liable to make good the loss caused to any other affected party by polluter’s activity irrespective of the fact whether the polluter took reasonable care while carrying on his activity’. In this case, the Court has stated that the ‘Polluter Pays Principle’ means that the absolute liability for harm to theShow MoreRelatedThe Supreme Court Of India3521 Words   |  15 Pagessocial movements in India since the 1970s have actively used the Courts-especially the Supreme Court-as a part of their struggles. This has been possible because of the higher Courts’ activism, especially under the guidance and action of Public Interest Litigation. 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