Precautionary principle

This principle states that the government is supposed to assume that pollution will happen at a
place and is also assumed to know that how must pollution will be there, what will be its severity
and what effects will it cause.

The precautionary principle also states that if pollution happens what should be done by the
government
If pollution is done by following juristic persons then the relevant factors that are damaged
should be compensated
– Individual (citizen or non citizen)
– Private organisation or company
– Any wing of government
– Any government or semi government company
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Relevant factors - 1. in area which the pollution was done should be taken care of and all the
people living in that area should also be compensated properly
. Government should be compensated
. The area which was polluted should be brought to pre pollution levels by the polluter

The principle is also there to insure that development does not harm the environment and if it is
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doing so then it is to be stopped.
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Also to make the government work for decreasing pollution and ensure safety from it and to
decrease the negligence of the government

. Assimilative capacity principle- it assumes that the science scholars and experts have the
capacity to assist and direct the policy makers (government) in reducing the pollution and
preventing it in every case and government should involve them.

Case law

A.P pollution control board vs MV Naydu

This case was heard and decided by the SC where MV Naydu wanted to import some hazardous
substance into the country but the Pollution board stated that it will become a cause of potential
pollution. Here SC applied the precautionary principle and stated that it is assumed that the
hazardous substance will become a cause of pollution so it can’t be imported into the country