Indian Supreme Court On Precautionary Principle

Indian Supreme Court On Precautionary Principle

Prof. (Dr.) Arup Poddar
Professor (Law), West Bengal National University of Juridical Sciences, Kolkata

Precautionary principle is one of the mechanisms and procedures by which possible danger to environment can be mitigated. Right from the independence of India, the application of precautionary principle was not possible, because India was not open to understand the meaning and value of this principle. India started respecting this principle only from participating in Rio declaration of 1992. However, before 2010, no legislation on environmental protection ever spoke of precautionary principle and its application. Indian Supreme Court, from 1996 accepted the precautionary principle as part of the law of the land. From this year, most of the environmental cases decided applying precautionary principle.

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