Principles of Environmental Law
🌿 Principles of Environmental Law
Environmental law is shaped by a set of well-recognized principles that guide the formulation, interpretation, and enforcement of environmental policies and legislation. These principles aim to promote sustainability, justice, and responsible use of natural resources.
🔑 1. Precautionary Principle
Definition: When there is a risk of serious or irreversible environmental harm, lack of full scientific certainty should not be used to delay preventive measures.
Application:
Authorities must act in advance to prevent damage (e.g., banning harmful chemicals).
Used by Indian courts (e.g., Vellore Citizens Welfare Forum v. Union of India).
🔑 2. Polluter Pays Principle
Definition: The polluter is legally responsible for the cost of repairing environmental damage they cause.
Application:
Applied in Indian environmental jurisprudence (Indian Council for Enviro-Legal Action v. Union of India).
Includes liability for clean-up, compensation to victims, and restoration.
🔑 3. Sustainable Development
Definition: Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
Application:
Balances economic growth with ecological protection.
Emphasized by the Supreme Court as part of Article 21 (right to life).
🔑 4. Intergenerational Equity
Definition: The current generation holds the environment in trust for future generations.
Application:
Encourages conservation of natural resources and biodiversity.
Mentioned in various international declarations (e.g., Rio Declaration, 1992).
🔑 5. Public Trust Doctrine
Definition: Natural resources like air, water, forests are held by the government in trust for the people, and cannot be transferred for private use.
Case Law: M.C. Mehta v. Kamal Nath — Supreme Court held that the State is the trustee of all natural resources.
🔑 6. Absolute Liability Principle (Indian Concept)
Definition: If an enterprise engages in a hazardous activity and harm results, it is absolutely liable to compensate — no exceptions or defences.
Case Law: M.C. Mehta v. Union of India (Oleum Gas Leak Case) — laid down absolute liability for hazardous industries.
🔑 7. Doctrine of Proportionality
Definition: Government actions affecting the environment must be proportionate — not excessive, and in line with constitutional rights and public interest.
Application:
Helps courts assess whether environmental restrictions are justified.
🔑 8. Principle of Environmental Impact Assessment (EIA)
Definition: Requires evaluation of potential environmental impacts before projects (like dams, industries, mining) are approved.
Application:
Mandatory under Environment Protection Act, 1986.
Aims to integrate environmental considerations in decision-making.
🔑 9. Principle of Cooperation
Definition: States and communities must cooperate internationally and locally to address environmental issues.
Application:
Found in Rio Declaration (Principle 7).
Encourages shared responsibility for global environmental protection.
🔚 Conclusion
These principles of environmental law form the foundation of national and international efforts to protect the environment. In India, courts have been proactive in adopting and enforcing these principles through judicial activism, especially under Article 21 (Right to Life) of the Constitution.
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