Legal and Environmental Perspectives on the Polluter Pays Principle and Air Pollution in Delhi-NCR
Air pollution in Delhi-NCR is a complex issue driven primarily by vehicular emissions and seasonal stubble burning. The article discusses the 'Polluter Pays Principle' (PPP), which mandates that those who damage the environment must bear the cost of restoration. However, in India, there is a shift toward a 'government-pays principle,' where the state bears the cost of monitoring and mitigation. The trans-boundary nature of PM2.5 pollution necessitates international cooperation, as seen in conventions like CLRTAP. The judiciary plays an activist role, but challenges remain in quantifying damages and enforcing liability on non-point sources.
Key Points
- The Supreme Court recognized the Polluter Pays Principle as part of Indian law in the Vellore Citizens Welfare Forum vs Union of India (1996) case.
- PM2.5 is recognized as a long-range trans-boundary air pollutant, requiring regional cooperation beyond local administrative boundaries.
- The Standley judgment by the European Court of Justice emphasizes proportionality, suggesting farmers cannot be solely liable for seasonal pollution.
- India has integrated environmental protection into the Constitution through Articles 48A and 51A(g) and the Environment Protection Act 1986.
Exam Facts
- The National Green Tribunal (NGT) Act was passed in 2010.
- The Convention on Long-Range Trans-boundary Air Pollution (CLRTAP) was established in 1979.
- Article 48A of the Indian Constitution directs the State to protect and improve the environment.
Read it. Retain it. Recall it.
Get spaced-repetition flashcards, daily quizzes and offline access — free on Android.