Ecological Nuisance and Common Law Environmentalism: Relevance and Revival in Combating Environmental Pollution in India

Md. Zafar Mahfooz Nomani and Zafar Hussain

There is proliferation of resource conservation and pollution control laws to combat environmental pollution. But the flagrant violations and widespread natural hazard and damages are on the rise. It set the background for environmental law scholars to re-examine common law remedies to supplement existing environmental legal regime. The menacing proportion environmental pollution created the need for environmental offences under international criminal conventions and treaties and domestic criminal liability in environmental statutes. India‟s 160 years‟ old colonial legislation Indian Penal Code, 1860 and tort of trespass, negligence and strict liability meticulously nurtured common law remedies in India. The ecological nuisance and common law environmentalism is deep rooted in state culture and nature for environmental protection. Its relevance and revival in combating environmental pollution received new impetus in current environmental governance. The nicety of the common law as well criminal law is its ready availability of the criminal justice system and paraphernalia for the compliance of environmental norms. The article provides relevance and revival of common law remedies to enforce environmental governance and sustainable development in Indian context.

Volume 12 | 05-Special Issue

Pages: 1197-1204

DOI: 10.5373/JARDCS/V12SP5/20201874