![]() ![]() In Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715 case , the Supreme Court accepted that the Precautionary Principle is part of the environmental law of the country and shifted the burden of proof onto the developer or industrialist who is proposing to alter the status. Therefore, it is better to err on the side of caution while dealing with the Is very difficult to know what levels of contamination, if any, are safe and They have assimilative capacity approach. These laws are based on the assumption that humans andĮcosystems can absorb a certain amount of contamination without being harmed. Substances as they are emitted rather than limiting their use or production in Appropriate review by a judicial or administrative Transparent structures should beĮstablished which involve all interested parties, including non-state actors, Up-to-date and independent scientific judgment and be transparent. Precautionary measures should be based on Decision-making processes should alwaysĪpproach to risk management and in particular should include the adoption ofĪppropriate precautionary measures. The principle embodies the idea ofĬareful planning to avoid risks in the first place, rather than trying toĭetermine how much risk is acceptable. It is proactive approach.Ĭoncentrates on prevention rather than cure. The Precautionary Principle favours monitoring, preventing and/or mitigating Principle advocates action to anticipate and avert environmental harm. There is uncertainty regarding the impacts of an activity, the Precautionary The Precautionary Principle counters such general presumptions. Until the uncertainty is resolved completely. Not completely clear, the general presumption is to let the activities go ahead Impacts of a particular activity such as emission of hazardous substances are This approach was adapted in Rio Conference, 1982. ![]() The core of the precautionary principle is the element of anticipation, reflectingĪ requirement of effective environmental measures based upon actions which takeĪ long-term approach and which might anticipate changes on the basis of scientific Therefore, the role of environmental protection agencies will begin only when the upper limit of the pollution is crossed.Īpproach indicates that lack of scientific certainty is no reason to postponeĪction to avoid potentially serious or irreversible harm to the environment. As per this concept, the natural environment has the capacity to absorb the ill effects of pollution, but beyond a certain limit, the pollution may cause damage to the environment requiring efforts to repair it. It is a proactive approach.īefore the Stockholm Conference, 1972 the approach towards environmental problems was of ‘assimilative capacity’. Thus the precautionary principle states that if there is a risk of severe damage to humans and/or the environment, absence of incontrovertible, conclusive, or definite scientific proof is not a reason for inaction. ![]() Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation”. The Principle status as follows – “In order to protect the environment, the Precautionary approach shall be widely applied by states according to their capabilities. The Precautionary Principle is one of the important principles under the concept of sustainable development.
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