POLLUTER PAYS PRINCIPLE: AN EVOLVING PERSPECTIVE IN INDIA

AUTHOR – VAISHNAVI DESHPANDE, STUDENT AT SVKM’S NMIMS, INDORE

BEST CITATION – VAISHNAVI DESHPANDE, THE INTERWOVEN THREADS OF THE TELECOMMUNICATION BILL 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 176-186, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Polluter Pays Principle (PPP), a cornerstone of environmental policy, requires polluters to bear the costs of their environmental footprint. This article investigates the evolving use of PPP, particularly in India, following its evolution from international origins, such as the Trail Smelter arbitration and OECD recommendations, to its formalisation in the Rio Declaration. While PPP is widely recognised, implementation issues exist, particularly in assigning culpability and providing thorough cost coverage. Legislative initiatives such as the Water and Air Acts, as well as judicial activism, as seen in decisions such as M.C. Mehta v. Union of India, have shaped the implementation of PPPs in India. However, enforcement gaps, minimal sanctions, and limited corporate criminal responsibility make it ineffective. The article examines these issues, which include identifying polluters, insufficient incentives for smaller businesses, resource limits, and overexploitation of common pool resources. It also investigates success stories such as Sweden’s carbon price and Germany’s Energiewende, gleaning lessons for India. The essay emphasises the importance of greater enforcement, increased regulatory capacity, targeted financial support, and stronger international cooperation in realising PPP’s promise for promoting environmental sustainability and fair resource usage.

Keywords: Polluter Pay Principle (PPP), Judicial Activism, Environmental Policy, Enforcement Gaps, Sustainability