Student at Auro University, Surat, India
The paper analyses the implementation and development of tort principles in India in the matter related to environmental harm. In various cases the principles of tort have been applied by Indian judiciary for environmental damage violating people’s right to a clean and healthy environment. The paper also talks about the development of tortious liability and locus standi in the case of environmental law. It also takes into account various acts passed through legislation and by judicial interpretation of various environmental matters. It also speaks about the wide interpretation of Art. 32 which was formulated with the introduction of new rights and remedies. It also takes into account in what ways the common law provides remedies for causing harm to the environment, in what ways safety regulations can prevent environmental harm, and how safety regulations are breached in specific cases. Further the paper analyses the majority of environmental pollution cases in India which falls under-Nuisance, Negligence, and Strict liability. The aim of this paper is to highlight the importance of the environmental policy based on tort law and discussion of the present enactments and developments for enviro-justice and other procedures and remedies for the same.
International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1233 - 1238DOI: https://doij.org/10.10000/IJLMH.114181
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