BEYOND COMPLIANCE: EXAMINING THE EVOLUTION OF CORPORATE ENVIRONMENTAL LIABILITY IN INDIA

As India deals with escalating environmental crises, from extreme air pollution and unsafe industrial activity to heightened consequences of climate change, the limitations of existing environmental tort law and corporate liability laws have become increasingly evident. This article examines the adequacy of India's regulatory framework as articulated in the Environment (Protection) Act, 1986 and Companies Act, 2013, to hold corporations accountable for environmental harm. In this paper, doctrinal and jurisprudential research, including landmark rulings on the evolution of the absolute liability doctrine, pulls into focus what roles are played by the judiciary, regulatory agencies, and civil society. We analyse the reforms and evolving contours of Corporate Social Responsibility (CSR) and sustainability requirements imposed on corporations in India under its corporate regulatory regime. This study identifies serious enforcement and institutional challenges that prevent the deterrent function of environmental law laws in India. The final recommendations to improve regulatory frameworks, institutional capacity, and getting the balance right between corporate liability and meeting India's twin mandates of development, and environmental protection will be provided.