A STUDY ON THE ENVIRONMENTAL CRIME AND THE LAW IN

INDIA

Submitted By:

M. AKALYA (190401417001)

K. BLESSY PAULINA (190401417006)

N.L. VYJAYANTHI (1904011417034)

Submitted To:

Prof: RitikaBehl

ALLIANCE UNIVERSITY

Banglore, Karnataka

November 2022

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 ABSTRACT

The Environment Protection Act of 1986 defines the term "environment." It specifies that the
environment encompasses land, water, and air, as well as the interdependence that occurs
between and among humans, water, land, air, microorganisms, plants, property, and other
creatures. Environmental degradation has evolved into a problem as a result of human
carelessness and over exploitation of natural resources for the sake of national growth and
monetary gain. So the main aim of the paper is to bring the concept of environmental crime
and how it had created the impact in the society and what are the punishments for such
crimes and how these crimes can be protected.

Keywords: environmental crime, punishments, protections,

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 TABLE OF CONTENT

Chapter – 1

1.1 Introduction…………………………………………………………………………….. 4
1.2 Research Problem……………………………………………………………………….4
1.3 Research Questions………………………………………………………………..........4
1.4 Scope And Objectives…………………………………………………………………...5
1.5 Research Methodology…………………………………………………………………..5
1.6 Literature Review………………………………………………………………………..5
1.7 Hypothesis……………………………………………………………………………….5

Chapter – 2

2.1 Introduction on Environmental Crime…………………………………………………..6

2.2 What are Environmental Crimes? ..............................................................................7

2.3 Punishments for Environmental Crimes………………………………………………...8

2.4 Protection of Environmental Crimes………………………………………………...…11

2.5 Related Case Laws……………………………………………………………………...12

3. Conclusion………………………………………………………………………………..14

4. References………………………………………………………………………………..15

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 CHAPTER- 1

1.1 INTRODUCTION

The term Environment is defined in the Environment Protection Act, 1986. It states that
environment includes land, water and air and the interrelationship that exists between and
among the human beings, water, land, air, micro-organism, plants, property and living
creature. As time passes environmental degradation became a crisis which arises out of the
careless practices of Human being and the natural resources excessive exploitation for the
development of the country and also for the monetary benefits.

The term Crime in basically known as the violation of law that violates the
society’s moral sentiment, which will result in the harm. According to the Indian Penal Code
the Crime is defined as an action committed or omitted, which constitutes an offence and is
punishable by law is a crime. And mainly Crime is an unlawful activity which will be
resulting in punishment by the state or the law. Crime is an act that is injurious to the public
welfare.

An unauthorised act or omission that violates the law and is therefore subject to criminal
prosecution and criminal sanction" is what Y. Situ and D. Emmons define as an
environmental crime. According to the United Nations Crime and Justice Research Institute,
ecological crimes are unlawful acts.Those crimes will be discussed in this project in the sub
topics

1.2 RESEARCH PROBLEM

Even though there are provisions, acts and solutions available for protections, prohibitions
and punishments of Environmental Crimes why do the Environmental Crimes still exists

1.3 RESEARCH QUESTIONS

The Research Questions of this project are as follows;
1. What is Environmental Crime?
2. Are there any punishments for the Environmental Crimes if there what are
those?

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 3. Can we protect Environment from crime?
4. What are the Acts and Provisions involved related to Environmental Crimes,
Prohibitions and Punishments

1.4 RESEARCH METHODOLOGY

The Research Methodology of this project is Doctrinal Research which includes
secondary sources like books, articles, journals, websites and so on

1.5 SCOPE AND OBJECTIVES

The Scope and Objectives of this paper are as follows;

 To know about what is Environmental Crimes

 To know that can the crime be protected or punished
 To know that the Environmental Crime rate had increased or decreased in recent
times

1.6 LITERATURE REVIEW

 MansiDagras,“Crime against Environmental Law in India”[2021]: this research
paper talks about the crime that are against the environment. With the help of this paper,
in our research paper we have understood the various protections available against
environmental crimes and its impacts in India.
 MansiDagras,“Crime against Environmental Law in India”[2021]
 Yuvraj Sharma, “Criminal law and Environmental Pollution”[2022]: this research
paper talks about preserving the environment through various legislations. With the help
of this paper, in our research we have understood the various legislations and protections
available to protect the environment.

1.7 HYPOTHESIS

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 CHAPTER – 2

2.1 INTRODUCTION ON ENVIRONMENTAL CRIME

The thing or act which affects the environment directly or indirectly is known as the
Environmental Crime. This is considered as an huge crime because it not only stops affecting
the current generation but also the impact will go further. Like if the resources been over used
then the upcoming generations will not be having sufficient resources for their life, we are not
using the resources as such as it was used by our ancestors such that if we doesn’t address
this crime as an serious crime then there will be scarcity in natural resources, animals, plants
and so on. Even now there are so many species were destroyed these was because of not
protecting the environment and let the crime happened. For example the dinosaurs are now
extinct but it was there in the earlier days if the species were tried to protect then now that
species would have been existed. Likewise if we let the cutting of trees, taking the tusks from
the elephant and rhinoceros, not strictly restricting the E-waste, dumping and so on then those
resources will not be passed to the future generation in a good quality. These crimes are also
known as the Green- Collar Crimes.

Basically there will be an motive in doing these Environmental Crimes because

these crimes will be a crime planned well and executed. It is not only resulted in degradation
but also results in some other

 The main and major motive for committing an act is because of gaining
money or material benefits
 To gain the control on a boundaries or territories, any products or to gain
the monopoly

2.2 WHAT ARE ENVIRONMENTAL CRIMES?

There are so many Environmental Crimes are there, they are Illegal transportation, air
pollution, land pollution, water pollution, noise pollution, disposal and storage of hazardous
that plays a major role in causing threat to natural resources and living beings. A crime
named “Poaching” which is illegal trade of wildlife is one of the serious crimes. This also
includes the crime like smuggling of ozone-depleting substances, smuggling of sandal woods,
trade of hazardous waste, unreported and unregulated fishing and illegal trade in timber and
logging oil spills, contamination of ground waters, garbage burning, and wet land destruction.

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There are so many Environmental Crimes involved in India and all over the world, here in
this project we will be discussing about the five serious Environmental Crimes. They are

1. Wild Animal Traffic

2. Indiscriminate Logging

3. Electronic Waste

4. Finning

5. Dumping In Rivers And Aquifers

1. Wild Animal Traffic

Wild animal trafficking, the third-largest criminal industry after the trafficking of drugs and
weapons, poses a severe threat to the survival of biodiversity worldwide. There are a few
actors involved in this crime, but buyers are among the primary ones because if there were no
supply and no exorbitant prices for these items on the black market, the crime would cease to
exist. Unpleasantly, the expense for a species increases with more threatened it is. Tropical
birds (parrots, macaws, etc.), arachnids (certain varieties of tarantulas), primates (capuchins,
chimps, etc.), and so forth are the most popular species. This also includes the tusk of
elephants and rhinoceros

2. Indiscriminate Logging

The most serious source of this Environmental Crime is the unrestricted logging to
obtain wood for furniture, other items or even for farmlands.

3. Electronic Waste

In Mumbai for an year nearly 96,000 metric tonnes of the electronic wastes are
measured the electronic waste are mobile phones, computers, televisions, mouse, appliances
and so on.

4. Finning

In an year nearly one hundred millions of the Sharks are been captured and among
that one hundred million shark at around 70 million are captured because of the reason of
cutting the fins of the shark when it is alive. India is considered as the third largest shark

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catcher among the world. Mostly all of the fins will end in the international market. Hong-
Kong is the major market for fins.

5. Dumping In Rivers And Aquifers

The daily per capita consumption of water in in India is 135 to 150 litres. The
Central Pollution Control Board says that the 26,000 tons of product of plastic a country
consumes in a day in that 7,800 tons are recycled. Further 18,200 tons were dumped into the
oceans, landfills and the rivers. The plastic content takes nearly or above 450 years for
decomposing and these wastes will release harmful chemicals in the soil which goes beneath
to the underground and face long term impact negatively on the ecosystems.1

According to the most recent statistics from the National Crime Records Bureau (NCRB),
overall crime cases in India rose by 28% in 2020 compared to 2019. However, the number of
"environment-related offences" charges in the nation climbed by 78.1% in 2020.With the
exception of offences related to the novel coronavirus illness (COVID-19) laws and standards
in 2020, this is one of the biggest rises in instances across all crime categories.The Forest
Act, the Forest Conservation Act, the Wild Life (Protection) Act, the Environmental
(Protection) Act, the Air and Water (Prevention & Control of Pollution) Act, the Cigarette
and Other Tobacco Products Act, the Noise Pollution Acts, and the National Green Tribunal
Act are among the laws that pertain to environmental offences.The National Crime Records
Bureau (NCRB) registered 64,471 environment crimes in 2021-22, which is very high if we
compare it to the last 4 years.

Year 2021 64,471 cases registered

Year 2020 61,767 Crimes reported

Year 2019 34,676 Crimes

Year 2018 35,196 Crimes2

1
Most of India's plastic waste dumped in Rivers. ETV Bharat News. (2020, December 28). Retrieved November
8, 2022, from https://www.etvbharat.com/english/national/opinion/opinion-news/polluted-water-lethal-than-
anything-else/na20201228144159825
2
Environment-related offences recorded 78% increase in 2020. (n.d.). Retrieved November 8, 2022, from
https://www-downtoearth-org-in.cdn.ampproject.org/v/s/www.downtoearth.org.in/news/environment/amp/
environment-related-offences-recorded-78-increase-in-2020-79041?
amp_gsa=1&_js_v=a9&usqp=mq331AQKKAFQArABIIACAw%3D%3D#amp_tf=From
%20%251%24s&aoh=16678147761977&referrer=https%3A%2F
%2Fwww.google.com&share=https%3A%2F%2Ffanyv88.com%3A443%2Fhttps%2Fwww.downtoearth.org.in%2Fnews%2Fenvironment
%2Fenvironment-related-offences-recorded-78-increase-in-2020-79041

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2.3 PUNISHMENTS FOR ENVIRONMENTAL CRIMES

There are various acts which give remedies to the damages of the environment which
are caused by the peoples, these remedies can be broadly into constitutional , civil and
criminal.

Constitutional provisions:

There were two major amendments 48-A and 51 A, which mainly concerned with the
environmental law,

In Article 48-A- which was included in Part IV of the Indian Constitution, under the
Directive Principles of State Policies, and is named "Protection and enhancement of the
environment and safeguarding natural resources. It is agreed that the government's role to
protect forests and animals is interdependent. The court has the authority to impose financial
penalties on wrongdoers, but recently they have begun to use incarceration as a weapon,
depending on the jurisdiction of the court and the severity of the offence.

Article 51-A is part of Part V of the Indian Constitution, and it is labelled basic
responsibilities. There was an addition of a responsibility (g) that is interpreted as
fundamental duties believe humans have a duty and an obligation to safeguard the
environment, that they must conserve rivers and animals, and that they must have compassion
for all living beings around them

Criminal provisions:

There are also provisions for the crimes which are public in nature and which are against the
state, the provisions are as follows,

Under the Indian penal code of 1860 , section 268 explains about the public nuisance, if the
person causes common injury / danger or annoyance to the public and necessarily causing
injury to any public right will be held liable for public nuisance and he/ she can be penalised
with the fine amount exceeding upto 200 rupees under section 290 of the act.

Section 269 states when the person negligently doing any act know to be likely to spread
infection of any diseases which were dangerous to life can be punished upto 6 months or the
fine or both.

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Section 277 of the IPC defines fouling the water of a public spring or supply as an
environmental offence. Under this provision, voluntarily corrupting or fouling the water of
any public spring or reservoir is an offence, and the person found guilty faces imprisonment
for a maximum term of three months, a fine of 500 rupees, or both. The creation of a toxic
environment is punished under the IPC under section 278.

And also section 426, 430-432 states about the pollution caused by mischief and the person
whomever committing the crime shall be punished with the imprisonment which can be upto
5 years.

And also according to The Criminal Procedure Code of 1973, the chapter x deals with the
maintenance of public order and tranquillity and also the part B and C explains the provisions
which are related to the public nuisance which are relevant and should be considered for thr
environmental protection,

The section 133 of Cr.P.C states that the After evaluating the facts, The District
Magistrate's , the Sub Divisional Magistrate/Executive Magistrate may issue a restricted
order for the removal of the nuisance based on a police report or any other information. And
also according to section 144 (part c) of this act states that in urgent situations of annoyance
or, on the other hand, danger in circumstances when an expedient treatment is appealing, the
District Magistrate/Sub Divisional Magistrate/Executive Magistrate may make an order. This
clause specifically grants the magistrate broad powers to control significant situations of
annoyance or suspected danger.

The Wildlife Protection Act, 1972 has established a comprehensive framework of laws and
regulations for wildlife conservation in India It outlined the procedures for establishing public
parks, animal sanctuaries, and other such facilities. According to Section 51(1) of the Act,
anybody who violates any provision of this Act or any order issued there under is punished
by imprisonment for a term of up to three years or a fine of up to twenty-five thousand
rupees, or both.

The Water (Prevention and Control of Pollution) Act of 1974 was enacted with the goal
of preventing and controlling water pollution, assessing pollution levels and punishing
polluters, maintaining or restoring water wholesomeness, and establishing Central and State
Boards to carry out the Act's objectives. Section 42 of the Water Act of 1974 provides
penalties and fines for certain acts such as pulling down pillars, obstructing any person acting

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under the orders or directions of the board from exercising his function, damaging any work
or property belonging to the board, and knowingly or willfully making a false statement in
giving any information or for the purpose of obtaining any consent.

The Environmental Protection Act 1986 addresses all types of pollution in the air, water,
soil, and noise. It establishes environmental safety guidelines for the presence of certain
contaminants. It bans the use of hazardous materials unless prior clearance from the Central
Government is obtained. Sec 15(1) makes a violation of the provisions of the Act and the
regulations, orders, and directions made thereunder punishable by imprisonment for a term of
up to five years or a fine of up to one lakh rupees. And also the The Air (Prevention and
Control of Pollution) Act of 1981 was a law passed by the Indian Parliament to prevent and
control the harmful effects of air pollution in India, as well as to establish the Central and
State Boards and give them the authority to carry out the provisions of the Act and delegate
pollution-related functions. Noncompliance with the Act's provisions is punishable under
Chapter VI of the Act.

Likewise there are also some other acts which were also introduced to give the punishments
to the wrong doers who were continuously polluting the environment.

2.4 PROTECTION OF ENVIRONMEMTAL CRIMES

The existing laws in India, for prevention of crime against environmental and wildlife
prevention are:
 National Green Tribunal Act, 2010
 The Air Act, 1981
 The Water Act, 1974
 The Environment Protection Act, 1986
 The Wildlife Protection Act, 1972
 Hazardous Wastes (management, handling and trans-boundary) Rules,2008
 The Forest Conservation Act, 1980
 Public Liability Insurance Act, 1991
 Biological Diversity Act, 2002
 Noise Pollution (regulation and control) Act, 2000

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The above are the major acts of legislation that are currently enforceable in India, these laws
have undergone significant changes, which will be discussed further in this topic. All of these
acts have different goals and objectives, but the ultimate goal is the same, i.e, to preserve the
planet, prevent pollution, and aid in progress in a sustainable manner. Because the ultimate
goals are the same, these laws are somehow interconnected.
India has its own environmental legislation and tools for preventing these types of crimes.
From 1853 till now, there have been many environmental laws. All of these laws aim to raise
awareness about the environment and its protection, and these laws demonstrate the
government’s concern for the environment.
These laws have had an impact on India’s environment, some have helped to prevent
environmental damage, while others have had less of an impact. These laws have had a wide
range of effects, ranging from a single individual to the entire country. These laws have had
both positive and negative impacts, there is a need for new laws that are efficient enough to
create awareness among the people, which are there to make the work of the judiciary easier
and not be lenient on wrongdoers; these laws in India have had a satisfactory response until
now, owing to the judiciary’s continuous interference and precedents.The government has
drafted the legislation, but they must protect the environment in the same way that they have
protected our needs. Since 1990, the government has begun to take environmental issues
seriously, and since 2015, India has become a global partner in environmental conservation.

2.5 RELATED CASE LAWS

Case law refers to cases that have the authority to be binding in domestic courts. They play an
important role in law by serving as a source of law, there have been many cases in the past,
both in the international and domestic legal spheres, the following are some of the most
important case laws, in the domestic sphere of the judicial system, which have given new
bright turns to environmental law in India.

1. Municipal Council, Ratlam v. Vardhichand and Others3

The Ratlam City Case, also known as the Ratlam City Case, is considered a landmark and
very important judgement given by the Supreme Court of India. In this case, the court
observed the impact of deteriorating urban environment on the poor living in the urban area.

3
1980 AIR1622

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In this case, public health was recognised as a human right, which obliged the municipal
council to take proper steps, particularly in managing the drainage facilities in Ratlam.

2. M.C Mehta v. Union of India (Shriram Industries Case)4

Also known as the Shriram gas leak case, this was a gas leak of food chemicals in the
country’s capital, New Delhi, in which the court observed that the company was under
absolute liability, to pay compensation to the victims of the gas leak, this was the first case in
India in which the concept of absolute liability was introduced, this was also the first case in
India in which the accused was convicted.

3. M.C Mehta v. Union of India (Ganga case)5

This is also known as the Ganga pollution case, and it is considered to be the most important
case for rivers and their rights. In this case, the court observed, and closed many tanneries
around and in the city of Kanpur, Uttar Pradesh, because Ganga is one of India's largest
rivers, and there are many industries that cause pollution. Justice E.S. Venkataramiah
observed that, similarly to an industry that cannot pay its workers minimum wages, a tannery
that cannot set up a primary treatment plant cannot be allowed to continue to exist.

4. Tarun Bharat Singh, Alwar v. Union of India and Others6

In this case, the court prohibited mining in the Sariska National Park region, but according to
reports in 2015, mining in Sariska is still in full swing, causing environmental harm. And no
writ petitions have been filed in the Supreme Court, not even under Article 21, which
guarantees the right to a safe and healthy environment.

5. Bhopal Gas Tragedy 1984

This case established the foundation of Indian environmental law. When this tragedy
occurred, there was no law that defined the polluter's responsibility or the boundaries that
defined the establishment of factories near residential areas. Everyone understood that we
needed a law that set some boundaries and ground rules, so companies and industrialists like
Union Carbide Corporation got away with this crime.

4
AIR 1987 965
5
1988 AIR 1115
6
1993 SCR (3)21

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6.S. Jagannath v. Union of India7
The Supreme Court of India ruled in this case that seashores and seacoasts are natural gifts
and that any activity that destroys or degrades them is illegal. This shrimp farming operation
has resulted in the depletion of a plantation as well as the pollution of wastewater discharges
and drinkable groundwater. According to a federal court, this behaviour violated both an
environmental law and the Constitution. Furthermore, the court ruled that any such industry
must first undergo a thorough environmental review before being built in a vulnerable coastal
area. Article 19(6) of the Constitution allows for reasonable restrictions to be imposed.

7.MC Mehta v. Kamal Nath8

In this case, a private corporation was granted permission to use a mote on the Beas River's
banks for commercial purposes. The hotel's administration had blocked the river's natural
spill path, interfering with the river's normal flow. This issue was brought to the court's
attention during public interest litigation. The court emphasized, as a matter of principle, that
the public trust concept is based on the fundamental premise that some resources, such as the
oceans, seas, and forests, are enormously valuable to people and should not be owned by
private individuals.

3. CONCLUSION

By concluding this paper it can be said that even though there are many legislations,
provisions for penalties were there still the issue regarding the environmental crime and the
depletion of the environment still exists and the crime rate also increasing day by day
according to a survey done in 2017, in India, there had been a humongous jump of cases in
India against environment and wildlife, which has been around 790% from that in 2016.
There are lot of steps taken up by the government to increase the reporting of the cases, as
there has been rise in awareness of the crime against environment and wildlife . And also
according to the report of NCRB the percentage of the crime rate regarding the environmental
issue raises almost 20% when comparing to the previous year which shows the effects of the
punishments which were existing, it should be taken into concern that these continuous
increases of the crime rate will affect the development of the future, and each and every step
which were taken towards the development of the environment should be done after assessing

7
(1997) 2 SCC 87
8
(1997) 1 SCC 388

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every factor, and the principles which are made should be followed strictly. These
environmental crimes are not something which were happened spontaneously so the main
motive to commit any crime to gain profit and to gain control and also to gain monopoly and
there were huge depletion of the environment because of the activities done by the humans,
so it is also the responsibilities of the each and every individual to make the laws effective.
As the degradation of the environment is concerned and to reduce the crime rate the laws
should be made more effective and also the liberal penalty should be made rigid. so that the
environment can be saved for some period of time.

4. REFERENCES

Journals:
 MansiDagras,“Crime against Environmental Law in India”[2021]
 Yuvraj Sharma, “Criminal law and Environmental Pollution”[2022]
Websites:

 Environment-related offences recorded 78% increase in 2020. (n.d.). Retrieved November

8, 2022, from
https://www-downtoearth-org-in.cdn.ampproject.org/v/s/www.downtoearth.org.in/news/
environment/amp/environment-related-offences-recorded-78-increase-in-2020-79041?
amp_gsa=1&_js_v=a9&usqp=mq331AQKKAFQArABIIACAw%3D
%3D#amp_tf=From%20%251%24s&aoh=16678147761977&referrer=https
%3A%2F%2Fwww.google.com&share=https%3A%2F
%2Fwww.downtoearth.org.in%2Fnews%2Fenvironment%2Fenvironment-related-
offences-recorded-78-increase-in-2020-79041
 Environmental law violations.ImpactLaw.(n.d.). Retrieved November 8, 2022, from
https://www.impactlaw.com/criminal-law/white-collar/environmental-law-violations

Case laws:
 Municipal Council, Ratlam v. Vardhichand and Others
 M.C Mehta v. Union of India (Shriram Industries Case)
 M.C Mehta v. Union of India (Ganga case)
 Tarun Bharat Singh, Alwar v. Union of India and Others

15
 Bhopal Gas Tragedy 1984
 S. Jagannath v. Union of India
 MC Mehta v. Kamal Nath

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17