Volume No. 2 Issue No.: 3 Page No.: 491-497 January-March 2008

 

ENVIRONMENTAL TORTS: A STEP TOWARDSTHE LEGAL REVAMPING POLICY RELATED TO ENVIRONMENTAL PROTECTION

 

Anshuman Mozumdar*, Kartikey Mahajan and Krithika Ashok

National Law University, Jodhpur (INDIA)

 

Received on : August 7, 2007

 

ABSTRACT

 

Environment, a subject matter of utmost importance, has, undoubtedly, attracted a great deal of deliberation in the past. However, several issues remain unanswered till date. The environmental policy of the country remains full of loopholes failing to provide an appropriate forum for environment protection, especially against private individuals. The need of the hour is legislative policy based on tort law as an easy method to redress grievances against violating the Constitutional mandate of clean and healthy environment. The aim of the paper is to highlight the importance of the policy based on tort law and discussion of the present enactments for enviro-justice and other procedures and remedies for the same.

 

Keywords : Alternative remedy, New legal policy, Environmental protection, Tort law, Absolute liability; Strict liability, PIL.

 

 

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