Informatics Publishing Limited

Shyamantak Misra ¹, Hiranmaya Nanda ²

Affiliations
1 Assistant Professor, Siksha ‘O’ Anusandhan University, Bhubaneswar, Odisha, IN
2 Assistant Professor, Faculty of Legal Studies, Siksha ‘O’ Anusandhan University, Bhubaneswar, Odisha, IN

Abstract

Since long it’s a common practice to pay for the destruction and management of destruction caused by one, may it be destruction to property, life, nature etc. However for each kind of destruction there are specific laws and regulations enacted by the parliament. Apart from the laws there are few fundamental truths that act as the base or foundation for a system or in other words some theorems that have numerous special applications across a widespread area which are otherwise known as principles. Polluter pays principle is one of such preventive and remedial theorem applied to people causing environmental damage. This research work focuses on how the polluter pays principle was incorporated in India and emphasizes on its judicial application in various perspectives in India only. This paper starts with the introduction of the principle by “OECD (Organization for Economic Cooperation and Development)” in 1972 and further tracing its movement through the extended version of the principle, being enshrined under principle 16 of the Rio Declaration (UNCED) in 1992, being adopted by the European Community, being adopted as an extension of the rule of Absolute Liability in Torts and finally coming to how it started being applied to, by the Indian Judiciary. This article analyses the judgments pronounced in various cases by the Indian Courts relating to Polluter pays principle.

Keywords

OECD, UNCED, Torts, Absolute Liability, Strict Liability, Sustainable Development, EAP (Environment Action Program).

Full Text

     

Hiranmaya Nanda ¹, Shyamantak Misra ¹

Affiliations
1 Siksha ‘O’ Anusandhan University, Bhubaneswar, Odisha, IN

Abstract

In this article the author after a thorough research on population growth strives to pen down the major factors that envelope the matter of population explosion in India only. The author beautifully states the occurrences of change year wise through the family welfare programs planned and implemented in India along with the consequential changes that took place because of such programs. The National Population Policy, Role of National Commission on Population have been discussed as well followed by the impact of the same on Public health. Most importantly the measures that were taken to control such fast growing population in India have been individually dealt with in order to provide a in depth knowledge to the readers of this article. However the author hopes to have dealt with the matter sensitively and in simple language as well, so as to satisfy the needs of the reader on the mentioned topic.

Keywords

Population, Public Health, Fertility, Family Welfare Program.

Full Text

     

Hiranmaya Nanda ¹, Amruta Das ¹

Affiliations
1 Assistant Professor, Faculty of Legal Studies, Siksha ‘O’ Anusandhan University, Bhubaneswar, Odisha, IN

Abstract

Expectation of a reasonable degree of care is the foundation for alleging a breach of duty. In the wake of recognition of ‘right to health’ as a fundamental right declared universally. Moreover, the era of consumerism has dug deep into the medical profession making consumers aware of their lawful demands and rights making it a weapon in their hands for civil proceeding for tortuous or criminal prosecution for disregard and for lack in service in the consumer courts. The doctor-patient relationship stands on trust and faith. With the life expectancy being increased for technological and advancement in the medical science, no disease seems to be untreatable and challenged. However, concerns are their professional competence, compliance to therapeutic and laboratory standards of MCI on equipments and facilities, Wrong prescriptions, overdoses and non expertise, improperly equipped hospitals and on specific still continue raise agitations amongst the patients and relatives. Given all the justified reasons, often it becomes very difficult to sustain a claim for all the economic and non economic damages.

Keywords

medical malpractice, negligence, physician

Full Text