POLLUTER PAYS PRINCIPLE – A STRINGENT JURISPRUDENCE TOWARDS SUSTAINABLE ENVIRONMENT
“The Earth is what we all have in common.” Mr. Wendell Berry, Environmental Activist INTRODUCTION: The bond between environment and human beings portrays an unequivocal answer to the interdependence for survival. The Polluter Pays Principle (hereinafter “the Principle” ) as heard often these days is embraced as an effective measure towards articulating the maturity on conservation and development of environment. The theory was first inducted in the Magna Carta of environment or also referred to as the Stockholm Declaration which was passed in the United Nations Convention on Human Environment in 1972. However, the Principle came to be legally and internationally recognised as a substantive law only under the Rio Declaration, 1992. POLLUTER PAYS – THE MANDATE: The conduct of human beings perhaps credit the greatest threat to the environment. The sanctity of environment cannot be compromised due to the evolution of society. The ‘polluter pays’ princip...