Examining the Application and Challenges of the Polluter Pays Principle

Abstract

In India, the idea of the polluter pays principle (PPP) is frequently used in environmental court cases. Though it is widely used, little scholarly research has been done on its conceptual limits and the difficulties it faces when applied to the Indian judicial system. This chapter examines decisions made by the National Green Tribunal (NGT) to close this information gap. This research examines three important aspects of PPP that can be identified from NGT examples. First, it explores how the definitions of “pollution” and “polluter” have changed over time, as demonstrated by several examples. Second, the chapter examines the techniques used by the NGT to determine compensation. Finally, it analyzes the justification for PPP implementation, as explained by the NGT in various instances.