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ACKNOWLEDGMENT
I have taken efforts in this project however it would not
have been possible without the kind support and help of
many individuals, websites and books. I would like to extend
my sincere thanks to all of them.
I am highly indebted to maam for guidance and constant
supervision as well as for providing necessary information
regarding the project and also for her support in completing
the project.
HALA ZAFAR
B. A. LL.B. (Hons.)
CLASS: 3rd Yr (A)
TABLE OF CASES
CONTENT
1. Introduction
2. Polluter Pays Principle
3. History of the Polluter Pays Principle
4. Polluter Pays principle Explained
5. Flaws in the Polluter Pays Principle
6. Precautionary Principle
7. Precautionary Principle and Sustainable Development
8. Bibliography
Introduction
Doctrines evolved by Courts are a significant contribution to
the environment jurisprudence in India. Article 253 of the
Constitution of India indicates the procedure on how
decisions made at international conventions and conferences
and incorporated into the legal system. This is done by
enacting a Parliamentary legislation. The Air Act and EPA are
the result of such an exercise. Doctrines formulated at
international conferences are still to find a place in the
environmental legislation in the country. By an ingenious
juristic technique, the apex Court tries to fill up this
deficiency.
Article 47. Duty of the State to raise the level of nutrition and
the standard of living and to improve public health. - The
State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of
public health as among its primary duties and in particular,
the State shall endeavour to bring about prohibition of the
consumption except from medicinal purposes of intoxicating
drinks and of drugs which are injurious to health.
Article 48A. Protection and improvement of environment and
safeguarding of forests and wild life. - The State shall
endeavor to protect and improve the environment and to
safeguard the forests and wild life of the country.
Article 51A(g). To protect and improve the natural
environment including forests, lakes, rivers and wild life, and
to have compassion for living creatures.
Even otherwise once these principles are accepted as part of
the Customary International Law there would be no difficulty
in accepting them as part of the domestic law. It is almost
accepted proposition of law that the rule of Customary
International Law which are not contrary to the municipal law
shall be deemed to have been incorporated in the domestic
law and shall be followed by the Courts of Law.
Precautionary Principle
Precautionary Principle as a tool for environmental protection
got international recognition in the Rio Conference on
Environment and Development 1992 (Rio Declaration).
Principle 15 of the Rio Declaration states, In order to protect
the environment, the precautionary approach shall be widely
applied by states according to their capabilities. Where there
are threats of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for
postponing
cost
effective
measures
to
prevent
environmental degradation.
is on the
show that
actor or the
his action is
emitted by the hospital, which would have caused nonnegligible risk. The court held it is impossible to draw
inference of non-negligible danger to the environment.
One may not agree. The precautionary principle itself
becomes significant where there is a threat of damage to the
environment, and where scientific certainty is lacking.
However, the court attempted to apply the doctrine of
sustainable development.
Hospitals are essential to improve the quality of human life
and health. For guidance the court looked at Vellore Citizens
case, in which certain tanneries were found to be causing
pollution of underground water. The Supreme Court had
directed the tanneries to set up common effluent treatment
plants or other industrial pollution control devices before
they tried to obtain consent. In Vellore Citizens case, the
court directed to close down only those tanneries to which
consent was refused. It was unjustified to consider the
establishment of the hospital and the college as a potential
hazard, unless it is shown that the uncertain danger to the
environment was non-negligible. In the courts view, the
Board is sufficiently empowered by the statute to ensure that
the hospital maintained the environmental quality. A simple
direction to let the pollutants go into the stream after
treating them chemically or otherwise could ensure that no
pollution takes place. The potential danger can be overcome
if the petitioner takes all
Bibliography