Introduction:-
Environmental protection laws have evolved to address situations where scientific certainty is not always available. One such important doctrine is the Precautionary Principle, which plays a crucial role in preventing environmental harm before it occurs. This principle has been strongly recognized by Indian courts and is highly relevant for Law students, Judiciary aspirants, UPSC candidates, and law examinations.
🔎 Search Focus: Precautionary Principle in Environmental Law, Precautionary Principle case laws, Precautionary Principle UPSC notes.
Precautionary Principle:-
The precautionary principle relating to environmental protection in India was propounded by Justice M Jagannath Rao of the Supreme Court in the case Andhra Pradesh Pollution Council v Professor MV Naidu (A.I.R. 1999 S.C. 812).
Changes in the basic approach to environmental protection were initially reflected between 1972 and 1982. This theory was based on the law of ability to absorb the earlier view of environmental protection. This rule appeared from principle number 6 of the Stockholm Declaration of the United Nations Conference 1972. Under the previous law of ability to assimilate, it was envisaged that science would provide our policy makers with the necessary information that could be adopted to enhance the environment's ability to protect itself from the effects of pollution and protect the environment from the effects of pollution. It was envisaged that when the threat of environmental damages would arise, the necessary technical expertise would be available and sufficient time would be available to prevent environmental damages. According to this theory, after the occurrence of an environmental crisis. it was said to assimilate that crisis or to protect it from the crisis. Such an assumption could not be considered correct from any point of view. because prior awareness of environmental hazards is necessary. In the year 1982 there was a change in the point of view manifested by principle number 6 of the 1972 Declaration above in principle 11 of the resolution of the United Nations General Assembly on the subject for nature. Now the principle of prior vigilance has been adopted. The principle of pre-vigilance was also accepted at the 1992 Rio Conference in Rio de Janeiro. the capital of Brazil. Inherent inadequacy in the context of science was the basis on which the precautionary principiz, was born in 1982. The precautionary principle is based on the principle that it is better to be careful than to make a mistake. By adopting precaution, that environmental damage can be prevented. Environmental damage is irreversible. on the Human Environment in the year
Scope and Meaning of Precautionary Principle:-
The precautionary principle involves foreseeing environmental damage and taking measures to avoid this damage or choose activities with minimal environmental damage. The precautionary principle is based on scientific uncertainty. Environmental protection should not only aim at protecting health, property and economic interest, but environmentar protection should also aim at protecting the environment Precaution duties should focus not only on actual dangers but also on pedangers.
Burden of Proof under the Precautionary Principle:-
The inadequacy of science, as stated, has given rise to the precautionary principle. The precautionary principle has led to the development of the specific principle of weighting of evidence in environmental litigation. Under the precautionary principle, the burden of proving the harmless effect of the proposed activities is on the person who wants to change the status quo. This is often called the burden of altered evidence because normally the person who is opposing a changé in the status quo has the burden of proving that if the status quo has been changed by construction, ete., the change is a threat to the environment and construction etc. will increase environmental pollution but under the precautionary principle, now the person who wants to change the status quo will be burdened to prove that construction etc. There will be no damage or minimal environmental damage. In other words, according to the precautionary principle, the burden of proving that the proposed change of status quo will not cause any damage to the environment or that the change in status quo is likely to pose a threat to the environment, adequate measures have been taken against him.
Change in Status Quo and Presumption of Environmental Threat:-
The precautionary principle suggests that where there is an obvious or serious irreversible risk from a change in the status quo, it would be appropriate to place the burden of proof on the person proposing an activity to prove that the activity poses a potential for environmental hazard and is potentially harmful and shall be carried out by adopting controlled measures that will neutralize or minimize the impacted hazards of environmental damage. In the above circumstances the burden of proof will be on the person who wants to change the status quo.
The burden of proof will not lie on the person opposing a change in status quo on the basis of potential environmental damage, but on the person seeking a change in status quo to prove that he is concerned about ecological and environmental hazards. That is the essential criterion of weight of proof. This means that if the change in status quo fails to satisfy those who want it, there will be a presumption that environmental security. is threatened by the change in status quo.
Judicial Interpretation of Precautionary Principle in India (Supreme Court View)-
Justice Kuldeep Singh in Citizens Welfare Forum v. Union of India (A.I.R. 1996 S.C. 2715) interpreted the precautionary principle as follows:-
1. The state government and statutory authorities should be forewarned about environmental degradation under environmental measures, try to prevent them and remove their causes.
2. Where there is a risk of serious and irreversible damage, the lack of scientific certainty should not be used as a reason to postpone environmental degradation measures.
3. The burden of proving that the activities undertaken by him or his work are beneficial to the environment shall be on the person setting up the industry or the person responsible for the development.
Precautionary Principle Applied by High Courts-
In the case of M. Stalin & Ors v. Chairman, Bhimavaram Municipal Council & Ors (I.L.R. (2001) 2 AP 308), the Andhra Pradesh High Court observed that the construction of a slaughterhouse which causes large scale pollution cannot be permitted. The Court was of the opinion that prevention is better than cure. Therefore, slaughterhouses whose trade is likely to cause pollution on a large scale, following the precautionary principle, the construction of such large scale functional abattoirs cannot be permitted unless the authority is satisfied that there will be no adverse effect on the environment.
Precautionary Principle in Simple Words (For Beginners)
The Precautionary Principle means that if an activity may cause serious harm to the environment, it should be stopped or regulated even if there is no full scientific proof of damage. Prevention is always better than curing environmental harm, as environmental damage is often irreversible.
---
Frequently Asked Questions (FAQ)
1. What is the Precautionary Principle in Environmental Law?
It is a principle which states that lack of scientific certainty should not be used as a reason to postpone measures to prevent environmental damage.
2. Which case recognized the Precautionary Principle in India?
The principle was clearly recognized in Andhra Pradesh Pollution Control Board v. Prof. M.V. Naidu (1999).
3. Who bears the burden of proof under the Precautionary Principle?
The burden of proof lies on the person who wants to change the status quo or undertake an activity that may harm the environment.
4. Why is the Precautionary Principle important?
Because environmental damage is often irreversible, and preventive action is more effective than remedial measures.
Conclusion:-
The Precautionary Principle is a cornerstone of environmental jurisprudence in India. It shifts the burden of proof, emphasizes prevention over cure, and ensures that development activities do not compromise environmental safety. The Precautionary Principle under environmental law acts as a safeguard against irreversible environmental damage, even in situations of scientific uncertainty. This principle is frequently applied by courts and is highly important for examinations and legal practice.
---
⭐ Quick Revision (1-Minute Read)
👉Principle based on "better safe than sorry"
👉Applied when scientific certainty is lacking
👉Burden of proof lies on the developer / industry
👉Leading cases: AP Pollution Control Board v. Prof. M.V. Naidu, Vellore Citizens Welfare Forum v. Union of India
👉Strongly linked with Article 21 – Right to Life
No comments:
Post a Comment