Introduction
Pollution is a matter of global concern. The causes of environmental pollution can be
traced back to human actions such as littering and contamination of the environment
by companies dealing with hazardous substances.The actions of those causing pollution
affect an individual directly or indirectly. The acts of a person should not interfere with
the rights of others. To ensure that individuals who have suffered due to environmental
pollution get justice, compensation is provided under tort law.
Use tort law for environmental protection
The statute that exists against environmental pollution is the Environmental Protection
Act, 1986. This act was enacted after the unfortunate and gruesome case called the
Bhopal Gas Tragedy.
Although it appears that the environmental Protection Act is sufficient to deal with the
cases related to pollution of land, water, and air etc. but essentially speaking the scope
of the act is a bit narrow. It basically implies that the act is just of a preventive nature
while the tort law also works as a remedial tool The only way victims of environmental
pollution can seek justice is by demanding compensation.
Furthermore, this act gives way to a loophole because the radical approach to the
system of locus standi(cause of action) is dissolved by the requirement of a sixty-day
notice which allows the offender ample time to annihilate all kinds of evidence or follies
on his part.
Thus, tort law in addition to statutes provides a legal method to acquire compensation
when a person is harmed due to environmental pollution caused by another.
Environmental protection under tort law