Question

Polluter Pays Principle means

• A. polluter should bear the cost of pollution as the polluter is responsible for pollution
• B. polluter should not necessarily bear the cost of pollution as the polluter is may not be responsible for pollution
• C. polluter may bear the cost of pollution as the polluter may be responsible for pollution
• D. none of the above

Hint:

Remember the three main principles of environmental law often discussed by the Indian judiciary: 1. \textbf{Polluter Pays Principle}: The polluter is financially responsible. 2. \textbf{Precautionary Principle}: Take precautions even with scientific uncertainty. 3. \textbf{Public Trust Doctrine}: The state is a trustee of natural resources.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The "Polluter Pays Principle" is a fundamental principle of environmental law. It dictates that the party responsible for producing pollution is responsible for paying for the damage done to the natural environment.
Step 2: Detailed Explanation:
The principle has two main aspects:
1. Cost of Prevention and Control: The polluter is liable to bear the cost of pollution prevention and control measures.
2. Cost of Remediation and Compensation: The polluter is also liable to compensate the victims of pollution and pay for the cost of restoring the damaged environment (remediation).
The Supreme Court of India has firmly incorporated this principle into Indian environmental law, notably in cases like \textit{Indian Council for Enviro-Legal Action v. Union of India} and \textit{Vellore Citizens' Welfare Forum v. Union of India}.
Option (A) accurately summarizes this core idea: the responsibility for the cost lies with the one responsible for the pollution. Options (B) and (C) use weak or incorrect phrasing like "should not necessarily" and "may bear," which contradicts the mandatory nature of the principle.