hello friends welcome to dan law in today's accessories we are going to discuss polytrapage principle basic topic of environmental law and it is like one of the environmental policy okay so the polytrapage principle uh so called ppp is an environmental policy principle which regulates that the cost of pollution be borne by those who cause it means jo pollution create karta uske dwara born kiya jata hai okay now if you haven't subscribed my channel then please subscribe so now come to the history so the polluter page principle was first introduced in 1972 first introduced in 1972 by the organization for economic cooperation and development in so called like OECD in short form okay so guiding principle concerning international economic aspects of environmental policies where under the polluter was held responsible for the environmental damage and pollution subsequently the Rio declaration laid down the guidelines for sustainable development basically first we have to know that sustainable development principles of sustainable development which are international events there is a Rio declaration from that you must remember so come to like subsequently the Rio declaration laid down the guidelines for sustainable development meaning thereby a strategy to cut the needs of the present generation without compromising the needs of the future generation without compromising the needs of the future generation in furtherance the aim of sustainable development uh rio declaration principle section as you know there are many principle under rio declaration further on when we will discuss the topic rio declaration or some of the important international event then on that time i will make you understand okay so rio declaration insurance the pollution polluter page principle stating that Polluter should bear the cost of pollution means it is said in its principle 16 that polluter Should bear the cost of pollution The pollution that creates will have to bear the cost of pollution If you want to know some more history of this then there are more things in it Like you can understand it like PPP is today one of the fundamental principle of environmental policy of European community. Okay, if we talk about European community, so what is in the European community is a fundamental principle in european community uh sustainable development okay international events when that we will discuss in further in the coming lectures so responsibility okay what is extended producer responsibility so eastman extended producer responsibility man In this like producer will improve the waste profile of their products Aai koi product producer bana raha hai Then producer will improve the waste profile of their products Which producer is manufacturing And thus decreasing waste and increasing possibility for reuse and recycling Okay Matlab waste ko decrease karega producer Or or recycling or reuse ko badhaba dega okay means increasing the possibility for reuse or recycling okay the concept the polluter page principle imposes reliability on a person who pollutes the environment to compensate for the damage caused and return environment to its original state regardless of the intent okay i think this definition is clear View of the Indian judiciary The Indian judiciary has incorporated the polluter page principle as being a part of the environmental law regime. Is evident from the judgment passed.
First judgment like Indian Council for Invero Legal Action v. Union of India 1996. The court held that once the activities carried on is hazardous or inherently dangerous. okay means if once if you are dealing in a hazardous or inherently dangerous activity the person carrying on such activities liable to make good the loss okay good the loss caused to any person by his activity irrespective of the fact okay whether uh he took responsible care if fact uh irrespective lekin If he has done any harm, if I deal with hazardous activity, so while carrying on his activity, the rule is premised upon the very nature of the activities carried on. Okay, so the rule is premised upon the very nature of the activities carried on.
In this case, basically the court held that once the activities carried on in any hazardous activities or any dangerous activity, the person carrying such activities liable. Okay, if any loss. will occur. So second case is Well-Owered Citizen Welfare Forum versus Union of India 1996 The court interpreted the meaning of Polluter page principle in this case.
Polluter page principle's meaning was explained by the court in this case. As the absolute liability for harm to the environment extends not only to compensate the victims not only to compensate the victims if you are dealing with hazardous or dangerous activity if you are setting up factories if you have compensated the victim for that after whatever has occurred so of the pollution but also the cost of restoring the environmental degradation the compensation that you have given to the environment you don't have to give compensation only to the victim okay so it is not only to compensate the victim of the pollution but also the cost of restoring the environmental degradation so remediation of the damage environment is part of the process of the sustainable development and as such as the polluter is liable to pay the cost of the individual sufferers as well as the cost of reversing the damage ecology okay this is also important that to reverse the damage what the damage occurred to the environment or environment pollution which has been created, it has to be reversed somewhere so third case law is oleum gas leak case mc meta versus union of india there are so many case laws in when we read constitutional provision or constitutional guidelines regarding the environmental laws or regarding the environment so MC Mehta ke case law, bahut saare case law hai isme. To MC Mehta ke saare case law aake further on jo lectures hoge usme padhenge. Right now we are going to discuss the Oleum gas leak case. Third case here.
So the court laid down that an enterprise engaged in hazardous or inherently dangerous industry which wages a potential threat to the health and safety of persons working in factory and those who residing in the surrounding areas as a result of the leak case. an absolute and non-degradable duty to the community to ensure that no harm results to anyone on account of hazardous or inherently dangerous nature of the activity which it has undertaken the enterprise is absolutely liable to compensate for such harm and irrespective of all reasonable care taken on his account the larger and more prosperous the enterprise greater must be the amount of composition payable for the harm caused on account of an accident in the carrying on hazardous or inherently dangerous activities by the enterprise see what is told here that the court has laid that the enterprise has made any hazardous or inherently dangerous industry and if anyone is harmed by that, he has to take his safety measures the factory etc. and the surrounding the factory workers have to take safety measures and also for surrounding but if due to some reason if any such incident happens due to which many people who are working in factory also get loss and also the surrounding people also get loss so it is said that the bigger the enterprises the greater the enterprise the greater the composition the bigger the enterprises the more the composition will be means the larger and more prosperous the enterprises the greater be the amount of composition Pavel to the harm caused on account of accident in carrying on hazardous or inherently dangerous activities by the enterprise It means that the bigger the enterprise and if it has done any damage accidentally So the court will give it more compensation So fourth case is MC Mehta vs Kamal Nath the court held that pollution is a civil wrong okay pollution is a civil wrong and is a tort committed against the community as whole means it is a wrong committed civil wrong which is committed against the community as a whole thus any person guilty of causing pollution has to pay damages or compensation for restoration of the environment and ecology if there is degradation of environment then for the restoration of the environment and ecology the compensation is to be paid under the polluter pays principle it is not the role of the government it is not only role of the government to meet the cost involved in either prevention of such damages or in carrying out a remedial action because the effect of this would be to shift the financial burden of the pollution incident to the taxpayer ok so here it is only told that this is a civil wrong which is committed against the community as a whole remember this much and here it is said that the government will not bear for this bear for this, the one who makes a mistake will have to bear for this and if the environment is degraded then the environment and ecology to establish this compensation will be given ok So come to the conclusion like although the polluter page principle has helped to mitigate the damage being caused to the environment to some extent, the provision remains an inadequate remedy as an ambiguity persists regarding to clear identification of actual polluter. Because sometimes it is an ambiguity that there is no clear identification of who is the actual polluter. It is unclear, it is ambiguity that who is the actual polluter, it has to be known. so the polluter may a part of production chain production chain and it is difficult to impose the liability on such polluter when the courts considered the parameters of extent and contribution of causing pollution moreover under this principle the amount of compensation to be charged for the restoration of the damage caused to the environment remains to be ineducate in comparison to the loss actually caused by more effective and unambiguous provisions with regard to the implementation of the polluter page principle would be beneficial in the longer run i think clear to you guys so thanks for watching this is deepak and signing off