Environmental Crimes And It’s Impacts - An Analysis Of Legal Provisions In India
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Category: Criminal Law
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ENVIRONMENTAL CRIMES AND IT’S IMPACTS - AN
ANALYSIS
OF LEGAL PROVISIONS IN INDIA
C Anusha, Chennai Dr. Ambekar Government Law College
ABSTRACT
Our economics, our food security, our health, and sustainable development are all based on the environment. Our ecosystems offer us with a clean water supply, clean air, safe food, and, lastly, physical and mental health. Environmental crime is on the rise these days, threatening not only wildlife populations but also ecosystems as a whole, sustainable livelihoods, and government revenue sources. Because of their negative impacts on the ecosystem and human society, environmental crimes—also known as Crimes against the environment—are a serious problem. The purpose of this essay is to examine the Indian Constitution's provisions and other laws pertaining to environmental violations. This study provides important insights into the challenges of addressing environmental violations in India.
Keywords: Crimes, Environment protection, Pollution, environmental legislation, Sustainable development. Indian constitution
INTRODUCTION
Environmental crime, often sidelined and underestimated, is among the world’s most damaging, rapidly growing, and lucrative crimes. A 2017 report revealed a sharp rise in environmental and wildlife-related occurrences in India, which were up over 790% from the previous year1. The number of these offenses is increasing. It is a serious crime not exclusively to the current society yet additionally to the upcoming age of people, creatures, and plants. 2 The government has taken a number of steps to boost case reporting as public awareness of crimes against wildlife and the environment has increased. The ecological integrity of the human world is directly threatened by environmental crimes, which include acts like illicit logging, wildlife trafficking, pollution, illegal fishing, incorrect waste and dangerous substance disposal, and unlawful deforestation.
ENVIRONMENTAL CRIMES: Illegal activities that breach national or international environmental regulations and cause direct harm to the environment are referred to as environmental crimes. Because these crimes frequently exploit natural resources, degrade ecosystems, endanger biodiversity, and compromise public health, they have serious ecological, economic, and social repercussions. United Nations Environment Programme (UNEP) and INTERPOL have recognized environmental crime as “a collective term to describe illegal activities harming the environment and aimed at benefiting individuals or groups or companies from the exploitation of, damage to, trade or theft of natural resources, including, but not limited to serious crimes and transnational organized crime. ”3 TYPES OF ENVIRONMENTAL CRIMES
1. Wildfire Crime
The term "wildfire crime" describes unlawful actions associated with wildfires, such as willful arson, careless conduct that results in accidental wildfires, or unlawful actions during wildfires, 1Shweta Singh Rawat, An analysis of environment crimes in india and its realated laws , Dogo rangsang research journel(3 oct 2022) 2Ankitasingh, Environmental Crime : A Serious Threat to Our Future,https://www.legalserviceindia.com(last visited on Nov 13,2024)
3 EARTH.ORG,https:/earth.org,(last visited on Nov 8,2024)
including stealing or obstructing firefighting operations. The social, economic, and environmental effects of these crimes can be disastrous. This type of organized crime is very profitable all over the world. According to the IUCN, the largest rates of wildlife crime are found in Asia, Africa, and Latin America. All kinds of vegetation, insects, amphibians and reptiles, birds, and mammals are impacted.
2. Illegal Logging
This occurs when timber is harvested, transported, bought, or sold illegally. Illegal logging has major negative effects on the environment and the economy, such as habitat damage, deforestation, and climate change. Uncontrolled logging costs governments billions in taxes and income. The International Union of Forest Research Organizations found that illicit logging is pervasive in all tropical forest zones and impacts every continent in the world. China, India, and Vietnam are the top three importers of tropical wood products, both legal and illegal.4 The WWF states that illegal logging makes up 50 to 90% of forestry activity in the planet's most important rainforests.
3. Illegal fishing
A serious worldwide issue that affects marine ecosystems, livelihoods, food security, and economic stability is unlawful fishing, also known as unreported, unregulated, and illegal fishing. It entails fishing operations that contravene regional, national, or global legal requirements. fishing that contravenes fisheries laws and regulations or is carried out in international waters by foreign vessels without authorization. It occurs in a nation's Exclusive Economic Zone (EEZ) and international waterways. (E. x)The act of taking a shark's fins, usually while it is still alive, and then throwing the rest of its body out to sea is known as shark finning. Because shark fin soup is a delicacy in several cultures, shark fins are highly prized. Because it is wasteful and greatly contributes to the global reduction of shark populations, this practice is contentious and generally denounced.
Because of overfishing and finning, several species are currently endangered. Shark finning has been outlawed or subject to stringent rules in many nations.
4 NATUCATE, https://www.natucate.com,( last visited on Nov 15, 2024)
4. Pollution Crimes
Unauthorized production and use of chemicals that destroy the ozone layer, such as hydrochlorofluorocarbons (HCFCs), chlorofluorocarbons (CFCs), and other chemicals, are also considered pollution crimes. Rivers, oceans, and other water, land, and air systems across the world have been contaminated due to illegal commerce and waste dumping. There is a major threat to the ecology, which impacts human health as well as wildlife and plants. Organized crime has been found to be involved in several cases of pollution crime, converging with other crime types such as theft, human trafficking, fraud, drugs and firearms trafficking, and money laundering.5
5. Illegal mining
Illegal mining is common in regions of Asia, Africa, and Latin America, and it is becoming a significant societal problem. 6The act of harvesting minerals, metals, or other valuable resources without a permit or in contravention of labor, safety, or environmental regulations is known as illegal mining. employing damaging techniques that result in biodiversity loss, soil erosion, water contamination, and deforestation. It frequently involves hazardous working conditions and worker exploitation, sometimes incorporating child labor. By taking advantage of legal gaps, illegal precious metal mining and trafficking are frequently connected to economic crimes including tax evasion, fraud, and corruption. Organized criminal gangs are taking advantage of the precious metals industry because of the enormous earnings and generally minimal chances of being detained or convicted.
IMPACTS OF ENVIRONMENTAL CRIMES Environmental crime damages ecosystems and contributes to climate change. The high-level event will provide a compelling case on biodiversity-climate-crime nexus and set actions for the Global Stock take to integrate into approaches to reduce deforestation and marine degradation for climate mitigation. 7
5 INTERPOL,https://www.interpol.int, (last visitied on 15, Nov 2024)
6 UNEP.ORG.www.unep.org( last visited on Nov 9, 2024)
7 UNDOC.ORG.www.undoc.org(last visited on Nov 9, 2024)
1) Illegal fishing adds to marine waste and debris and endangers marine ecosystems and
biodiversity. Because the worldwide supply chain is intricate and poorly regulated, illicit seafood can quickly infiltrate it.
2) Degradation of the environment, such as deforestation, soil erosion, and water
contamination, can result from illegal mining operations. Travelers looking for pure and sustainable settings may be put off by these detrimental effects on the environment.
3) Ecosystems are upset by illegal toxic waste disposal, oil spills, and deforestation, which
results in habitat degradation and biodiversity loss. Unauthorized pollution emissions from automobiles or companies raise dangerous particles and greenhouse gas emissions, which exacerbate climate change. Illegal discharges of contaminants damage aquatic life, lower water quality, and upset food chains.
4) Wildfires destroy wildlife habitats, grasslands, and woods, which reduces biodiversity. The
loss of their habitats could lead to the extinction of some species. Large volumes of particulate matter, carbon dioxide, and carbon monoxide are released into the atmosphere during fires. This can worsen climate change and contribute to bad air quality.
5) Illegal logging is a major cause of deforestation, which results in the loss of biodiversity and
the destruction of habitat for many species. Particularly vulnerable are endangered species. CONSTITUTIONAL PROVISIONS: Numerous constitutional provisions provide rights to the citizens to safeguard the environment: Article 48A: This article falls under the State policy Directive principle. As per the article, the state shall endeavour to protect and to safeguard the forests and wild life of the country8. This article inserted by 42nd Amendment act 1972. ii)Article 51A (g): According to Article 51 A(g), it is the responsibility of every Indian citizen to maintain and enhance the environment, which includes lakes, rivers, forests, and animals.9 The significance of showing compassion for living things is also emphasized in this text. With
8 INDIA CONST. art 48A
9 INDIA CONST. art 51A(g)
the exception of its emphasis on the fundamental duties of citizens, this article is exactly the same as Article 48A. iii)Article 253: This article provides Parliament to enact laws for the country to carry out treaty conventions and international agreements. 10 Parliament passed numerous laws to protect the environment through this article, the Water Act 1974, the Air Act 1981, and the Environmental Protection Act 1984. iv)Article 21: It states that humans, who have the right to exist in a secure environment with basic human dignity, are likewise entitled to life, just like animals. The Supreme Court held in M. C. Mehta vs. Union of India that the right to life includes living in a pollution-free environment and being free of diseases.
11 ENVIRONMENTAL LAWS IN INDIA In India, environmental laws govern how people interact with their environment through a set of agreements, rules, laws, and common laws. Indian environmental laws act as a reminder of who is permitted to exploit natural resources and under what circumstances, in addition to trying to protect the environment from the escalating issue. Under the Environmental Protection Act of 1986, the term "environment" refers to the interrelationships between water, air, and land as well as people, other living things, plants, microorganisms, and property.
1) The Green Tribunal Act 2010
The National Green Tribunal Act of 2010 created the NGT to handle matters pertaining to environmental preservation and the preservation of forests and other natural resources in a timely and efficient manner. The primary location of the tribunal's sessions is New Delhi, with the remaining four locations being Bhopal, Pune, Kolkata, and Chennai. Composition: The Tribunal consists the Chairperson, the Judicial Members, and Expert Members. A retired Supreme Court judge serves as the NGT's chairman. Other members of the judiciary are High Court retired judges.At least one member of the judiciary and one person with expertise
10 INDIA CONST art 253
11 M.C.Mehta vs Union of India,AIR 1988 SC 1037
will make up each NGT bench. A professional degree and at least 15 years of experience in the field of environmental/forest conservation and allied fields are prerequisites for expert members. Powers: All civil disputes involving environmental concerns and inquiries pertaining to the application of the provisions specified in Schedule I of the NGT Act may be heard by the NGT. These consist of the following: i)The Water (Prevention and Control of Pollution) Act, 1974; ii)The Water (Prevention and Control of Pollution) Cess Act, 1977; iii)The Forest (Conservation) Act, 1980; iv)The Air (Prevention and Control of Pollution) Act, 1981; v)The Environment (Protection) Act, 1986; vi)The Public Liability Insurance Act, 1991; vii)The Biological Diversity Act, 2002. As a court, NGT has the authority to consider appeals.
The Tribunal will follow natural justice principles instead of being constrained by the process established by the Code of Civil Procedure, 1908. It is required of NGT to resolve applications or appeals within six months of their filing.
2) The Air Act 1981
i) To battle air pollution and maintain air quality, the Indian government passed the Air (Prevention and Control of Pollution) Act, 1981, an environmental law. Growing environmental concerns and India's resolve to put air pollution control measures into place after the 1972 Stockholm Conference on the Human Environment prompted its passage. ii) The Act continues to be a pillar of Indian environmental law and has been instrumental in reducing air pollution from automobile and industrial sources. However, its efficacy is still hampered by issues with compliance, a lack of funding, and pollution brought on by urbanization. iii) To execute the Act, it establishes State Pollution Control Boards (SPCBs) and the Central Pollution Control Board (CPCB). The boards are in charge of organizing pollution control initiatives, monitoring air quality, and advising the government.
iv) In 1987, the Act was modified to improve enforcement procedures and sanctions for infractions. This involved increasing public involvement and giving pollution control boards more duties.
3) The Water Act, 1974
i) One important environmental regulation passed in India to combat water pollution and preserve or restore the purity of the water is the Water (Prevention and Control of Pollution) Act, 1974. ii) One of the main pieces of Indian environmental law is the Water Act of 1974. It tackles issues of public health and strives for sustainable development by emphasizing pollution avoidance and resource conservation. iii) This legislation guarantees the supply of clean, drinkable water for a variety of purposes while concentrating on reducing pollution in water bodies such as rivers, lakes, and groundwater. To implement the Act, it establishes pollution control bodies at the federal and state levels. iv) Penalties for violating specific provisions of the legislation include fines and jail time.
For instance, willfully contaminating a public spring or reservoir carries a maximum sentence of three months in imprisonment and a fine of up to Rs. 500. v) The act creates state pollution control boards, whose job it is to step in and prevent pollutants or sewage from spilling into waterways.
4) The Wildlife (Protection) Act, 1972
In order to preserve India's wildlife and its ecosystems, the Wildlife Protection Act of 1972 is a seminal piece of law. It offers a thorough legislative framework for regulating and preserving the nation's biodiversity. Salient Features of Wildlife Protection Act 1972 i) Prohibits hunting of wild animals included in the act schedules unless a valid license is obtained. ii) The statute gives the state the authority to designate any of the following protected areas: l National Parks l Wildlife Sanctuaries l Conservation Reserves l Community Reserves l Tiger Reserves iii) Issues licenses for the possession, sale, and transfer of certain wildlife species. iv) Allows for the Central Zoo Authority to be established. In India, it governs the construction, upkeep, and administration of zoos.
v) Provides the process for designating a Director of Wildlife Preservation to supervise the Act's execution. Additionally, it allows for the appointment of a Wildlife Warden and a Chief Wildlife Warden. vi) provides the penalties for violations of the Act. This covers property confiscation, penalties, and incarceration.
5) Indian Forest Act, 1927
i) During the colonial era, the 1865 Act was superseded by the Indian Forest Act of 1927. ii) The 1927 Act was largely centered on British interests, even if it attempted to address social issues. iii) There were 86 sections and 13 chapters in the Act. iv) It gave the State the authority to regulate tribal forest use rights. v) The Act gave the government the authority to create restricted forests. vi) Its primary goals were taxing timber and other forest products and controlling forest products. vii) The Act's primary goal was to govern the raw resources and timber utilized in industry, not to protect forests.
6 The Forest Conservation Act, 1980
Objectives
i) Preserve the forest's integrity and territory while safeguarding the forest, its wildlife, plants, and other varied ecological elements. ii) Stop the biodiversity loss in forests. iii) Stop forest areas from being used for grazing, agriculture, or any other type of economic endeavor. Features: i) Without the central government's consent, the Act prohibits the state government and other agencies from making decisions first. ii) The Forest Conservation Act grants the central government full authority to implement the act's goals. iii) In the event the FCA provisions are broken, the Act imposes penalties. iv) An advisory group established by the Forest Conservation Act will assist the central government in its efforts to conserve forests.
7 The Biological Diversity Act, 2002
i) The Biological Diversity Act 2002 (BDA 2002) is a law passed by parliament with the goals of preventing biopiracy and safeguarding India's abundant biodiversity and related knowledge from being used by foreigners and organizations without sharing the advantages that result from such use. ii) Conservation, the sustainable use of biological resources in the nation, issues pertaining to access to genetic resources and related knowledge, and the just and equitable distribution of benefits resulting from the use of biological resources for the nation and its citizens are the main topics it covers. iii) The UN Convention on Biological Diversity (UNCBD), which seeks to preserve biodiversity worldwide while encouraging its sustainable use, is in line with India's commitment to the UNCBD.
iv) It encourages local communities and indigenous people, who have historically maintained and utilized biological resources, to share fairly and equally in the advantages that come from their utilization. v) The National Green Tribunal (NGT) will hear any complaints pertaining to the National Biodiversity Authority's or a State Biodiversity Board's benefit sharing determination or order under this Act. CASE LAWS:
1. Municipal Council, Ratlam v. Vardhichand and Others12
The Ratlam city council is in charge of making sure that the city's drainage systems are appropriately maintained since the court determined that the right to public health is a human right in this instance. The highest court in India heard this case, which is also referred to as the Ratlam City Case, and is regarded as a land mark ruling. The impact that a declining urban environment has on low-income city inhabitants was noted by the court.
12 Ratlam Municipal Council Vs Vardichand, AIR 1980 SC 1622
2. M.C.Mehta vs Union of India (oleum gas leakage case)13
This case, often known as the Shriram gas leak case or the food chemical gas leak case, is a landmark in Indian environmental case law. The court decided that the company was solely liable for paying the victims of a gas leak involving food chemicals in New Delhi. As this was the first time the accused was found not guilty and the first time absolute liability had been utilized in a case in India.
3. M.C Mehta v. Union of India (Ganga pollution case)14
The numerous factories that border the banks of the Ganga cause pollution, even though it is one of India's main rivers. The most significant court case pertaining to rivers' rights to date is the Ganga contamination lawsuit. The court looked into and closed several tanneries in the Kanpur, Uttar Pradesh, area. A tannery that does not establish a primary treatment plant should be closed, according to a ruling by Justice E.S. Venkataramiah, much as a business that does not pay its workers the minimum wage.
4. Jagannath Vs Union of India:15
A public interest litigation (PIL) was brought in this case to prevent the establishment of prawn farms along the coasts of Tamil Nadu, Andhra Pradesh, and other states.The PIL claimed that the coastal states were breaking the 1986 Environment Protection Act by permitting big companies to establish prawn farms in environmentally sensitive areas. The federal government was instructed by the Supreme Court to establish an authority under section 3(3) to collect damages from polluters. Additionally, it said that before permitting the establishment of any shrimp enterprise, a thorough environmental test must be conducted by a highly qualified authority.
5. Vellore Citizen Welfare Forum Vs Union of India:16
In 1996, the Supreme Court heard a historic case addressing pollution from Tamil Nadu's tanneries and other businesses. In order to remedy the contamination of the Palar River by
13 M.C.Mehta Vs Union of India, AIR 1987 SC 965.
14 M.C.Mehta vs Union of India,AIR 1988 SC 1037
15 Jagannath vs Union of India, AIR 1997 SC 811.
16 Vellore Citizen Welfare Forum Vs Union of India , 1996 5 SCC 647
leather tanneries, the Vellore Citizens Welfare Forum filed a petition under Article 32 of the Constitution. According to the petition, the locals could no longer consume the river's water because of the pollution. Significant precedents for environmental enforcement and protection in India were established by this case. The connection between the environment and sustainable development was also examined critically. The polluter pays principle, which maintains that polluters must pay for the harm they do to the environment, was acknowledged by the court.
RECOMMENDATIONS
India’s ecological balance is significantly endangered by environmental crimes, which underscores the need for effective prevention systems and legal deliberations.17 To address this challenge, a number of proactive measures are required to safeguard the environment and establish ecological balance for long-term environmental growth. The following preventative mechanism system is recommended by the study to reduce green crime and safeguard the environment.
1 Enhanced monitoring and enforcement
It is crucial to improve the capacity of law enforcement organizations and surveillance systems. This calls for more staff, state-of-the-art equipment, and close monitoring of vulnerable areas. To increase the efficacy of the response, cooperation between environmental and law enforcement agencies must be prioritized.
2 Strict punishments and barriers
To deter future wrongdoers, it is imperative that the penalties for environmental offenses be strengthened and revised. The severity of these offenses is clearly communicated by imposing harsher sanctions, such as jail and large monetary fines. Furthermore, enforcing asset forfeiture laws could be a powerful deterrence. 3)Public awareness and Education: Spreading knowledge to the public is crucial to fostering a sense of environmental 17Shashwata Sahu, Ramaesh Chandra Sethi, Analyzing and unveiling the Dynamics of Green Crimes in india,NDIEAS-2024 International Symposium on New Dimensions and Ideas in Environmental Anthropology-
2024 (NDIEAS 2024), 163-172, 2024
responsibility. It is possible to influence and change attitudes and behaviors through educational programs, campaigns, and community engagement initiatives. People who have greater education are more likely to take an active role in environmental conservation initiatives.
4 Law reforms
Because environmental crimes are always evolving, it is essential that existing laws be revised on a regular basis. The legal framework can continue to be strong and flexible by filling in the gaps and including measures that take emerging challenges into account. The creation of effective legislative reforms depends on the cooperation of legislators, environmentalists, and legal professionals.
5 Whistle blower protection
Establishing a thorough framework to protect whistleblowers encourages people to disclose environmental violations because they know they won't face retaliation. This strategy might significantly increase the visibility of illegal behavior, allow for timely intervention, and guarantee that those involved face consequences. A comprehensive analysis of the most successful strategies employed globally is crucial when evaluating the feasibility of new laws. The results of this study ought to direct legislative discussions. India can create tailored solutions by incorporating effective concepts from countries with strong environmental protection regulations.
Furthermore, the development of legislation that successfully addresses the complexities of environmental crimes in the Indian context requires the participation of stakeholders, including legal professionals, environmental scientists, and impacted people.
6 Necessity for support from the local political leaders
Globally, there is a noticeable rise in green crime every day. There are various types of environmental and wildlife-related green crimes occurring everywhere. Therefore, the world leaders and other organizations involved in this field recommended implementing some necessary changes in the political system. For instance, strong political will, strong political support, and active participation of local political leaders are all necessary for strong enforcement action against these crimes. To effectively solve environmental offenses in India, a holistic approach is ultimately required, one that incorporates strict law enforcement, public participation, essential legislative changes, and protections for those who reveal misconduct.
7 Reduce risks to security and peace
Strengthen the information collection, analysis and sharing, across sectors, in peacekeeping missions, Sanctions Committees and across the UN as a whole on the role of natural resource exploitation in conflicts and security in order to inform holistic responses towards securing peace, security and sustainable development.18 Integrating INTERPOL liaison officers into peacekeeping operations is one example of this.
CONCLUSION
In India, environmental preservation is incorporated into the core legislation and is connected to the human rights agenda. It is now widely acknowledged that everyone has the inalienable right to live in a clean, healthy environment. In a welcoming and friendly community, individuals feel appreciated. The people, government agencies, states, and the federal government must all recognize that our development process is harming the environment. Furthermore, strict enforcement is necessary. One effective strategy in the battle against pollution is the implementation of regulations requiring minimum standards of cleanliness. 18 Nellemann, C. (Editor in Chief); Henriksen, R. ,Kreilhuber, A. , Stewart, D. , Kotsovou, M. , Raxter, P. , Mrema, E. , and Barrat, S. The Rise of Environmental Crime – A Growing Threat To Natural Resources Peace, Development And Security.
A UNEP-INTERPOL Rapid Response Assessment. United Nations Environment Programme and RHIPTO Rapid Response–Norwegian Center for Global Analyses, www. rhipto. org,2016.
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