Remedies for environmental harm

Dharmic duty and tort liability in India - is there a common ground?

Charu Sharma

Research output: Contribution to journalArticle

1 Citation (Scopus)
18 Downloads (Pure)

Abstract

This paper examines how dharmic values and tort liability justifications co-exist and have been marshalled to meet environmental objectives and fashion civil remedies for environmental claims in India. It is argued that recent decisions by the Supreme Court reflect application of a complementary theory and a pragmatic approach to resolve environmental claims and provide remedies to victims. This pluralistic legal culture which provides tortious remedies for environmental claims can form a basis for clear theory that can add to the environmental liability framework in India. Although the scope of tort law in environmental claims may be limited by the nature of claim the use of tort law functions can further supplement the public liability regime. The challenge that the lawmakers and the judiciary face in India is to balance the legal law with dharmic concepts and make it mainstream.
Original languageEnglish
Pages (from-to)48-70
Number of pages23
JournalMacquarie Journal of International and Comparative Environmental Law
Volume8
Issue number1
Publication statusPublished - 2012

Bibliographical note

Publisher version archived with the permission of the Dean, Division of Law, Macquarie University, NSW, Australia. This copy is available for individual, non-commercial use. Permission to reprint/republish this version for other uses must be obtained from the publisher.

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