The Precautionary Principle
The 1940s saw the development of DDT(Dichloro-diphenyl-trichloroethane) as a pesticide, deployed to combat malaria and typhus – insect borne human diseases. However, in the 1950s and 1960s, the adverse effects of the chemical on human health and on the environment became evident. In 1962, Rachel Carson published the book Silent Spring which opened the eyes of the public to the adverse effects of the pesticide and the need for better controls.
This incident, along many others fueled the need for increased concern for the environment and fast tracked the development of principles of environmental law. The Precautionary principle is one such principle inspired by this incident; which observes that where an activity may have environmentally harmful consequences, it is better to take measures to control the activity than to wait for non-reversible scientific evidence and destruction of the environment.
This principle goes hand in hand with the Principle of prevention, calling for stakeholders to somewhat anticipate and seek to mitigate environmental harm in the cause of their undertakings.
“When an activity raises threat of harm to human health or the environment, precautionary measures should be undertaken eve if some cause and effect relationships are not fully established scientifically. “ Wingspread Conference 1998
There are four key components associated with the principle:
Taking preventive action in the face of uncertainty
Shifting the burden of proof to the proponents of an activity
Exploring a wide range of alternatives to possibly harmful actions
Increasing public participation in decision making.
In the land mark case of Vellore Citizens Welfare Forum Vs Union Of India & Others [1996] 5SCR 241, the Indian supreme court provided for three guidelines when applying the principle as follows;
The environmental measures by the state government and the statutory authorities must anticipate , prevent and attack the causes of environmental degradation
Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as the reason for postponing measures to prevent environut degradation.
The ‘ONUS OF PROOF’ is on the actor or the developer/industry to show his action is environmentally benign.
The case was initiated by an NGO, Vellore Citizens Welfare forum, regarding pollution caused by the discharge of untreated sewage by tanneries and other industries in India.
Several Legal frameworks call for the application of the precautionary principle:
The Bamako Convention on Hazardous Wastes Within Africa of 1991 requires each party to strive to adopt and implement the preventive, precautionary approach to pollution problems which entails preventing the release into the environment of substances which may cause harm to humans or the environment without waiting for scientific proof regarding such harm.
The Rio Declaration on Environment and Development, 1992 states that in order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.