THE PRECAUTIONARY PRINCIPLE AS A DECISION-MAKING PRINCIPLE
AUTHOR – JAHNAVI KHATTAR, SYMBIOSIS LAW SCHOOL, NOIDA, SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY), PUNE
BEST CITATION – JAHNAVI KHATTAR, THE PRECAUTIONARY PRINCIPLE AS A DECISION-MAKING PRINCIPLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1436-1441, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The precautionary principle, encapsulated by the adage “better safe than sorry,” is poised to profoundly influence global policy, especially within the European Union, which champions its application across trade, environmental, and other decision-making realms. This principle advocates for preemptive action in the face of potential risks to human health or the environment, even without definitive scientific proof. This paper examines the precautionary principle’s implications on innovation, public health, and environmental sustainability. It delves into ethical dilemmas and conflicts arising from its application and scrutinizes real-world case studies to assess its efficacy.
The literature review explores various perspectives on the precautionary principle, highlighting its ethical foundation linked to public goods and intergenerational fairness, as well as its potential to inadvertently introduce new risks or stifle benefits. A detailed analysis of India’s environmental governance illustrates the judicial application of the principle in cases like A P Pollution Control Board v. Prof. M V Nayudu and Democratic Youth Federation v. Union of India. These cases underscore the challenges posed by scientific uncertainty and the necessity for a robust framework to guide precautionary measures. Findings reveal significant concerns regarding the principle’s interpretative flexibility and the resultant variability in judicial and regulatory decisions. The study suggests that India, by incorporating global best practices and emphasizing transparency, accountability, and stakeholder engagement, can enhance the principle’s application, supporting sustainable development and environmental protection. The research underscores the need for a standardized approach to integrating scientific uncertainty into legal and policy decisions, fostering more consistent and effective environmental governance.