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ARTICLE · 02 APRIL 2024

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Polluter Pays Principle - Critical Analysis

Khurana & Khurana, Advocates and IP Attorneys
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The aim of this article is to delve into the role played by the National Green Tribunal in determining the scope of Polluter Pays Principle in India and the significance...

IndiaEnvironment

META DESCRIPTION

The aim of this article is to delve into the role played by the National Green Tribunal in determining the scope of Polluter Pays Principle in India and the significance of economic instruments concerning widening the scope of this concept.

INTRODUCTION

It is well accepted that as you sow, so shall you reap. With regard to the environment this idiom is perfectly summed by the Polluter Pays Principle. Black's Law Dictionary defines Polluter-Pays Principle as "a principle that states that the costs incurred due to pollution control, prevention and treatment should be paid by the entity which is responsible for causing the pollution in the first place."1 In a nutshell, Polluter Pays Principle stipulates that whoever is responsible for causing pollution should meet the cost of mitigating the damage caused.2 Ergo, the liability of causing pollution and making right the wrong done to the environment lies on the polluter.

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