Polluter Pays Principle (PPP)
Context:
ü In Delhi’s National Capital Region (NCR), vehicular emission is the primary source of air pollution.
ü Unfortunately, official agencies, citizens and the higher judiciary have held stubble burning farmers of neighbouring Punjab and Haryana responsible for Delhi’s deteriorating air quality bringing to forefront the concept of Polluter Pays Principle
What is it?
ü The Polluter Pays Principle (PPP) is a fundamental concept in environmental law used to determine liability for pollution.
ü It asserts that the entity causing pollution must bear the costs of managing it to prevent damage to human health and the environment.
● Key Aspects:
ü PPP goes beyond mere compensation for harm
ü It mandates the internalization of environmental costs associated with economic activities.
● Origin and Legal Framework in India:
ü The principle was first introduced by the Organisation for Economic Co-operation and Development (OECD) in 1972 as a guiding economic principle for environmental policy.
ü In Vellore Citizens Welfare Forum vs. Union of India (1996), the Supreme Court held that PPP is part of the law of the land.
ü The principle was further cemented through the M.C. Mehta vs. Union of India (1987)
Here it was established that industries engaged in hazardous activities are absolutely liable for accidents.
ü The principle received statutory recognition in the National Green Tribunal Act, 2010.
ü It is also supported by constitutional mandates under Articles 48A and 51A(g).
● Government-Pays Principle:
ü There is a noted shift in India where the judiciary often directs the government to bear the costs of monitoring and restoring the environment
This effectively turned it into a government-pays principle.