c) Is the polluter pays principle a sufficient solution to the problem at hand,
or does it fall short in covering the issues holistically?
As Plato rightly said " If you have polluted the water then you have to clean it up". The polluter pays principle states that whoever is responsible for damage to the environment should bear the cost associated with it. The Polluter Pays Principle (PPP) is one of the internationally recognized principles that influence the shaping of environmental policy at both the national and international level. If properly construed, this is a sound principle for dealing with those who pollute. In Indian context , polluter pay principle as interpreted by Supreme court, is not only mean compensation paid to victims of pollution but also pay the cost of restoring environment. Few people could disagree with what seems at first glance to be such a straightforward proposition. The major hurdle in this principle is the evaluation of monetary cost of environment damage. It is often difficult to quantify ecological damages, which is irreversible, in monetary terms. Previously the fine was very low. In the recent example of world cultural festival held on the floodplains of Yamuna, National Green Tribunal ordered Sri Sri foundation to pay rupees 5 crore as a fine and also ordered to convert this flood plain into Yamuna Biodiversity Park. Even rupees 5 crore cost as imposed on organisers of World Cultural Festival looks inadequate to restore biodiversity in Yamuna flood plains. The enforcement machinery is weak and it does not have sufficient capacity to calculate the damage and cost. Monetary compensation can not restore environment exactly. Damage done to environment is permanent and irreversible. We can take the example of construction and human activities in bio-diverse areas like rainforest, river banks etc, where polluter had paid significant monetary amount in turn of their activities in those areas, but these compensation did not help to restore biodiversity in these regions. Another problem appears with the principle itself there is no clarity on how exactly the damages should be calculated. This means that a polluter may be asked to pay for the actual costs of cleanup, the damage caused to the victims of environmental damage, a fine or a penalty based on their ability to pay, a general levy aimed at a clean-up of the problem as a whole, or all of the above.
Overexploitation of resources had lead to damage the environment by
damaging the existing biodiversity. By shifting focus on remedial action and compensation, it may obviate needs for alternatives and preventive measures. A better principle would be the 'Preventive principle'. The aim of Polluter Pay principle should be restoration and preservation of environment. There is a need for proactive and reactive policies, which can prohibit any such activity, which adversely affect environment, and also help to minimize the impact of these activities. A better mechanism would be to not allow damaging activities in the first place as the restoration process rarely yields back the pre-degraded state of environment.