Nature and Scope of Environmental Torts in India
Nature and Scope of Environmental Torts in India
What are Environmental Torts?
Environmental torts refer to civil wrongs causing harm or damage to the environment or individuals due to pollution, contamination, or degradation of natural resources.
It arises when an individual, organization, or government entity acts negligently or unlawfully, causing damage to the environment, which subsequently harms people, property, or ecological balance.
Environmental torts focus on liability for damage caused to the environment and seek remedies such as compensation or injunctions to prevent further harm.
Nature of Environmental Torts
Civil Wrong
Environmental torts are essentially civil wrongs, falling under the broader category of tort law. The affected party can sue for damages or seek injunctive relief.
Strict Liability and Absolute Liability
Environmental torts often involve principles of strict liability (liability without fault) and absolute liability (liability without exceptions), especially for hazardous industries or activities. This means the defendant may be liable even without negligence if harm occurs.
Public Interest Aspect
Environmental torts often affect the community or public at large. Therefore, they have a strong public interest dimension. Public interest litigation (PIL) in India has been used extensively for environmental protection.
Preventive and Remedial in Nature
Environmental torts focus not only on compensation but also on preventing further damage through court orders and directions to polluters.
Scope of Environmental Torts in India
Damage to air, water, and soil through pollution.
Industrial accidents causing environmental harm.
Deforestation and habitat destruction impacting biodiversity.
Noise pollution affecting human and animal health.
Illegal waste disposal and hazardous substances.
Liability of corporations and government for environmental degradation.
Expanding to newer issues like climate change, e-waste, and plastic pollution.
Legal Principles Applied in Environmental Torts
Strict Liability Principle
Originating from Rylands v. Fletcher (an English case) but adopted in India with modifications, imposing liability on parties engaging in hazardous activities.
Absolute Liability Principle
Established in M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1987), the Supreme Court laid down that industries engaged in hazardous activities owe an absolute and non-delegable duty to prevent harm.
Polluter Pays Principle
The polluter must bear the cost of pollution control and compensation for environmental damage.
Precautionary Principle
When there is a threat of serious environmental harm, lack of scientific certainty should not delay preventive action.
Landmark Case Laws
M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1987)
The Supreme Court evolved the principle of absolute liability for hazardous industries.
The Court ruled that such industries must compensate for any harm caused and cannot escape liability by claiming no negligence.
Rural Litigation and Entitlement Kendra v. State of U.P. (Dehradun Quarrying Case, 1985)
The Court recognized environmental protection as part of the right to life under Article 21.
It issued directions to control illegal mining and preserve ecological balance.
Vellore Citizens Welfare Forum v. Union of India (1996)
The Supreme Court formally adopted the Polluter Pays Principle and the Precautionary Principle.
It held that those who pollute the environment must bear the cost of restoration.
Indian Council for Enviro-Legal Action v. Union of India (Bichhri Case, 1996)
The Court directed polluters to compensate for environmental damage caused by hazardous waste dumping.
Reinforced the strict liability principle for environmental harm.
Summary
Environmental torts in India address civil wrongs involving environmental damage.
They have expanded in scope to cover various forms of pollution and ecological harm.
The Indian judiciary has played a proactive role in developing principles like strict and absolute liability, polluter pays, and precautionary principle.
Remedies include compensation, injunctions, and directions for environmental restoration.
Environmental tort law intersects with constitutional rights, especially the right to life under Article 21.
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