Tortious libility for envirionmental harm: a tale of judicial craftsmanship
Tort is a civil wrong. It is concerned with the liability of persons for torts or breach of their own duties towards others… it relates to the recognition of interests that the civil law recognizes in the absence of contractual relations 1 between the wrongdoer and the injured person . While today the Indian courts still follow the English law of torts, this ideological foundation has permitted to some extent innovation and development that are necessary to meet new challenges particularly in the field of environment protection. The present paper tries to analyze the application of torts’ principles in India in the matters related to environmental harms. The principles of torts have been applied by Indian judiciary in various cases of environmental damage violating people’s right to clean and healthy environment. It also makes critical study of the judicial response in the development of the principle of absolute liability and wide interpretation of tortious remedy by checking the potential of tort in controlling environmental pollution in India.
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