The environmental redressal mechanism based on doctrines of criminal liability, have not proved sufficiently effective, and need to be supplemented. The policy adopts the civil liability for environmental damage that would deter environmentally harmful actions, and compensate the victims of environmental damage.
The alternatives to Civil Liability may also apply viz. Fault Based liability and Strict Liability.
- In Fault Based Liability a party is held liable if it breaches a preexisting legal duty, for example, an environmental standard.
- Strict liability imposes an obligation to compensate the victim for harm resulting from actions or failure to take action, which may not necessarily constitute a breach of any law or duty of care.
National Environment Policy 2006 is a response to our national commitment to a clean environment, mandated in the Constitution in Articles 48 A and 51 A (g), (DPSP) strengthened by judicial interpretation of Article 21.
It is recognized that the maintenance of the Healthy environment is not the responsibility of the state alone. It is the responsibility of every Citizen and thus a spirit of partnership is to be realized through the environment Management of the country