Analysis reveals shift from 'Polluter Pays Principle' to 'Government Pays Principle' in India's environmental jurisprudence, impacting pollution control.
Vehicular emissions are the primary source of air pollution in Delhi-NCR, specifically PM2.5 and toxic gases.
The 'polluter pays principle' (PPP), established in Indian law in 1996, aims to make polluters liable for environmental damage.
The European Court of Justice's Standley case introduced the concept of proportionality to the PPP.
The Convention on Long-Range Trans-boundary Air Pollution (CLRTAP) recognizes that air pollution is not just local.
Indian courts have focused on compensation and environmental restoration, shifting towards a government-pays principle.
Detailed Insights:
While stubble burning is often blamed, vehicular emissions are a major source of pollution in Delhi, releasing harmful substances.
The PPP faces challenges in cases with multiple pollution sources and transboundary issues, requiring cooperation between entities.
The Standley judgment suggests that farmers cannot be solely liable for air pollution when other sources contribute.
CLRTAP and the ASEAN Agreement highlight the long-range impact of air pollution, necessitating international cooperation.
Indian environmental laws have created authorities with powers to protect the environment, but they face administrative challenges.
The Indian judiciary emphasizes welfarism, often requiring the government to bear the costs of monitoring air pollution.
Environmental duties of individuals are often overlooked in India, with more focus on rights than responsibilities.
Key Concepts Involved:
Polluter Pays Principle (PPP): The principle that those who cause pollution should bear the costs of managing it to prevent damage to human health or the environment.
Trans-boundary Pollution: Pollution that originates in one country but affects another due to the movement of pollutants across borders.
PM2.5: Fine inhalable particulate matter with a diameter of 2.5 micrometers or less, which can cause serious health problems.