precautionary principle
The precautionary principle requires the State and authorities to anticipate, prevent and attack the causes of environmental degradation. Where there are threats of serious and irreversible damage, the absence of full scientific proof cannot be used as a reason for delaying measures. Its key consequence is a shift of burden: the developer or industry must show that the proposed activity is environmentally benign.
The Supreme Court adopted it in Vellore Citizens Welfare Forum as part of the law of India, along with the polluter pays principle, and the National Green Tribunal Act, 2010 requires the Tribunal to apply it. It is preventive, while polluter pays is remedial.
Example
Under the precautionary principle, the burden lay on the industry to prove that discharging its effluent would not harm the river.
In Indian law
- Vellore Citizens Welfare Forum v. Union of India, 1996 INSC 952: precautionary principle part of Indian environmental law
- s.20, National Green Tribunal Act, 2010
See also
polluter pays principle · sustainable development · public trust doctrine
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