ISSUE:
Whether tanneries should be permitted to continue business at the expense of the environment and health of neighbouring individuals?
RULE:
The ‘Precautionary Principle’, widely used in determining the outcome, states that where there is a threat of severe or irreversible damage to the environment, there must be immediate action, and a lack of scientific
assurance should not and cannot be the reason to avoid taking action.
The ‘Polluter Pays’ principle has also been employed in the present case, which states that the individual or party responsible for causing pollution must bear the costs of all damage done to the environment and the human population affected. The two principles, which originated from the Convention for the Protection of the Marine Environment of the North-East Atlantic (the OSPAR Convention), were incorporated in Article 21 of the Constitution, which guarantees the right to protection of life and personal liberty.