By Yashu Bansal, Chanakya National Law University, Patna “Editor’s Note: This paper deals with two important principles in law of torts- strict liability and absolute liability. It traces the evolution of the doctrine of strict liability in the landmark case of Rylands v. Fletcher and studies its essentials and exceptions […]
In recent years, there has been a sustained focus on the role played by the higher judiciary in devising and monitoring the implementation of measures for pollution control, conservation of forests and wildlife protection. Many of these judicial interventions have been triggered by the persistent incoherence in policy-making as well as the lack of capacity-building amongst the executive agencies. Devices such as Public Interest Litigation (PIL) have been prominently relied upon to tackle environmental problems, and this approach has its supporters as well as critics. The main objective behind the present study made by the author is to identify the present scenario and analyse the nature and extent of developments till date in various environmental statuses through statutes, law, conventions and various other issues regarding the court decisions and judicial processes.