Krati Singh Bhadouriya, Indian Institute of Management, Rohtak
ABSTRACT
With increased levels of pollutants in the environment and more global consciousness regarding environmental degradation, the enactment of various legislations for the same concern has been taken worldwide since the late 20th century to address the problem of increasing pollution and global warming, such as "the polluter pay principle" which aims to hold the polluter liable for his acts of environmental degradation. The polluter must pay compensation for the victims and restoration of the polluted environment to its original state.
World Commission first conceived the idea of this principle on Environment and Degradation and was later adopted by OECD in 1972. Despite the worldwide recognition and adoption of the Polluter pays principle in different forms for the benefits it offers, there has been widespread criticism that it is a difficult task to calculate the cost for the environment that is degraded because of the actions of polluters.
However, since the benefits outnumber the limitations of the Polluter pays principle, it has been adopted by different countries. India has also adopted this principle, which is evident through various legislations and judgments passed by the Indian judiciary.
The polluter pays principle has been a remarkable development in Environmental law claims, aiming to apportion the liability for polluters' actions and shift the burden from the government, which means it shifts the burden from the taxpayers.
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