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Analysis Study Research Paper | Law | India | Volume 12 Issue 5, May 2023 | Popularity: 4.5 / 10

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Civil Remedies for Environmental Protection in India with Landmark Judgments

Dhhriti Arorra

Abstract: Civil remedies in India are legal mechanisms available to individuals and organizations for environmental protection which are designed to hold polluters accountable for environmental harm and to provide relief for those affected. This paper aims to explore the various civil remedies available under Indian law for environmental protection, including compensation, injunctions, and public interest litigation. It will also examine shaped the development of environmental law and civil remedies. For example, the Oleum Gas Leakcase of 1987 established the principle of absolute liability for hazardous activities holding that industries are strictly liable for any harm caused, regardless of fault. Another significant case is the Vellore Citizens Welfare Forum case of1996, which recognized the "polluter pays" principle holding those who cause pollution should bear the cost of cleaning it up. The paper will analyze the challenges and limitations of [1] civil remedies for environmental protection in India, such as delays in the legal system and difficulties in enforcement. It will also explore the potential solutions to these challenges, including reforms to the legal framework and improvements in enforcement mechanisms. [2] Civil remedies for environmental protection are an important tool in holding polluters accountable and ensuring access to justice for those affected by environmental harm in India. However, there is a need for continued efforts to improve the legal framework and address challenges to its effectiveness. The research paper aims to contribute to the understanding of the role of civil remedies and landmark judgments in protecting the environment in India and to highlight the need for continued efforts to strengthen and improve the legal framework for environmental protection.

Keywords: civil remedies, environmental protection, compensation, injunction, public interest litigation, challenges

Edition: Volume 12 Issue 5, May 2023

Pages: 1032 - 1036

DOI: https://www.doi.org/10.21275/MR23514171635

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