How Much Should the Polluter Pay? Indian Courts and the Valuation of Environmental Damage

Abstract

Abstract On the face of it, the polluter pays principle (PPP) simply prescribes that the costs of pollution should be borne by those who were responsible for causing it. In practice, implementing the PPP raises a number of complex questions. In this article, I focus on one such key question, as interpreted by higher courts in India: how much should the polluter pay? I propose—and then apply—a three-part choice framework for analysing judicial interpretations of the PPP. Indian case law on the subject is often presumed to be relatively coherent and consistent. However, a methodical application of the aforementioned framework reveals three distinct strands in the approaches taken by Indian courts, thus contributing to a more in-depth and systematic understanding of the PPP jurisprudence. I also identify certain gaps and inconsistencies in these approaches, and suggest ways in which they can be resolved, making the application of the set principle more consistent, logical and effective.