Principles Environmental Law

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 1

Powered by AI

Copilot

Sure, here’s a brief note on each of these principles along with relevant case laws:

1. Sustainable Development: Sustainable development is a principle that promotes a balance


between development and the environment. It encourages practices that not only boost
economic growth but also preserve the environment for future generations.

Case Law: In the Ganga Pollution by Tanneries Case (M.C. Mehta V/s Union of India), the
Supreme Court of India held that setting up a primary treatment plant is necessary for every
industry. Industries failing to do so should not be allowed to exist due to the immense adverse
effect on the public.

2. Public Trust Doctrine: The Public Trust Doctrine asserts that certain resources like air, sea,
waters, and forests are of such great importance to the people that it would be wholly
unjustified to make them a subject of private ownership. The state acts as a trustee for these
resources.

Case Law: In M.C Mehta v. Kamalnath, the Supreme Court of India applied the Public Trust
Doctrine, stating that resources like air, water, and forests are to be protected for the enjoyment
of the general public rather than to permit their use for private ownership or commercial
purposes.

3. Polluters Pay Principle: The Polluters Pay Principle holds that the party responsible for
producing pollution should bear the costs of managing it to prevent damage to human health or
the environment.

Case Law: In Indian Council For Enviro-Legal vs Union Of India & Ors, the Supreme Court of
India applied the Polluters Pay Principle, making the polluter liable for the harm caused to the
environment.

4. Precautionary Principle: The Precautionary Principle states that if there is a risk of severe or
irreversible damage to the environment, in the absence of scientific certainty, the burden of
proof falls on those advocating for the activity that may cause harm.

Case Law: In the Vellore Citizens’ Welfare Forum case, the Supreme Court of India strictly
applied the Precautionary Principle, emphasizing the need for proactive measures to prevent
environmental degradation.

Remember, these principles are fundamental to environmental law and policy, aiming to protect
and preserve our environment for present and future generations. They guide the actions of
individuals, businesses, and governments alike, promoting responsibility and accountability for
our shared environment.

You might also like