POLLUTER PAYS PRINCIPLE IN INDIA: ASSESSING

CONCEPTUAL BOUNDARIES AND

IMPLEMENTATION ISSUE

Abstract

Polluter Pays Principle (“PPP”) is a widely-applied principle in environmental

adjudication in India. At the same time, its conceptual boundaries and the
challenges involved in its implementation have received little scholarly
attention in the Indian context. This paper seeks to address, at least to some
extent, this gap or inadequacy of knowledge through an analysis of judgments
of the National Green Tribunal (“NGT”). This paper focuses on three aspects of
PPP as emerging from NGT cases. First, it looks at the ways in which the
meaning of the terms ‘pollution’ and ‘polluter’ evolved over a period of time
through different cases. Second, it examines the methods of calculation of
compensation adopted by NGT. Third, the paper analyses the rationale for
applying PPP as explained by the NGT in different cases. Overall, the paper
highlights inconsistencies and ambiguities in the understanding and application
of PPP in India.

Harshit Malviya
2300389LLM