• Roli Wadhwa

The Polluter Pays Principle is one of the key principles of Environmental Jurisprudence that is deeply rooted in the International Environmental laws since time immemorial. The principle though simple in nature, points to the fact that those causing pollution must undertake the onus of compensating and remediating for the degradation caused. The principle was brought to the fore in 1970s and 1980s by the Organization of Economic Cooperation and Development (OECD). In 1992, the principle was officially adopted as the 16th principle out of 27 principles by the International community in the Rio Declaration on Environment and Development. The globally acknowledged principle has been applied to various landmark judgments in India as well. In 2010, the National Green Tribunal in India acknowledged the principle as a significant base for civil cases involving environment. The acceptance of the principle gives a strong message to the multinational companies across the world that India can no longer be considered as a pollution haven. Many developing countries have been reluctant in recognizing the principle fearing economic consequences and lagged development. During the World Culture Festival in 2016, the NGT directed Sri Sri Ravi Shankar’s Art of Living foundation to pay fines amounting to INR 5 crores for causing damages to the biodiversity of the Yamuna flood plains. The tribunal directed the Delhi Development Authority (DDA) to undertake restoration work at the site and recover the additional damages exceeding 5 crore from the foundation. This was one of the recent examples of application of the polluter pays principle by the NGT. The paper aims to focus on a pertinent question in this regard, whether the principle acts as a deterrent to environmental degradation by creating economic repercussions for the polluters and compensating the victims of pollution. The paper shall also critically examine the limitations of the principle.

Polluter pays principle, Environmental jurisprudence, Rio Declaration, National Green Tribunal, Pollution haven, Environmental degradation, World Culture Festival

"Application of Polluter Pays Principle in India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.5, Issue 12, page no.110-112, December-2018, Available :http://www.jetir.org/papers/JETIR1812214.pdf

"Application of Polluter Pays Principle in India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.5, Issue 12, page no. pp110-112, December-2018, Available at : http://www.jetir.org/papers/JETIR1812214.pdf