Prevention, Precaution, and Polluter Pays Principles

Dhar, Preeta; Gupta, Parul

Abstract

This chapter explores the evolution and application of the prevention, precaution, and polluter pays principles in India. Early environmental regulations aimed at planning human activities within the assimilative capacity of the environment—reflecting an initial framing of the prevention principle. However, with the recognition of the limits of ‘scientific certainty’ in determining and addressing environmental harm, more proactive and precautionary measures were adopted. The precautionary and prevention principles are read together in setting environmental standards and regulating activities and substances. The polluter pays principle is a market-based mechanism to build in incentives to minimize and remedy environmental harm. The three principles play out in the allocation of responsibility and liability, but there are inherent limitations and tensions in their application. This chapter discusses some of these tensions through the regulatory framework and case law, and proposes a coherent reading of the three principles aligned with other emerging principles.

Citation

Dhar, P., & Gupta, P. (2024). Prevention, Precaution, and Polluter Pays Principles. In P. Cullet, L. Bhullar, & S. Koonan (Eds.), The Oxford Handbook of Environmental and Natural Resources Law in India (217-234). Oxford University Press. https://doi.org/10.1093/oxfordhb/9780198884682.013.12

• Publication Date: Jul 18, 2024
• Deposit Date: Jul 27, 2024
• Publisher: Oxford University Press
• Pages: 217-234
• Book Title: The Oxford Handbook of Environmental and Natural Resources Law in India
• ISBN: 9780198884682
• DOI: https://doi.org/10.1093/oxfordhb/9780198884682.013.12