Flagitious Transgressions related to Environment

 

 

ABSTRACT

 

This paper will be focusing in crimes which can be towards surroundings, with a close emphasis with law and regulation, it is supposed to recognize what law has to do with surroundings, in particular whilst there is damage brought about to the environment because of human activities, which can be within the nature of self-harm.

 

By this research it had turn out to be a little clearer that why we human beings are self-harming ourselves, or bringing ourselves close to human extinction on the earth, as we understand that regulation is the command of the sovereign, backed with the aid of a sanction.

 

INTRODUCTION

 

Environmental crime refers back to the violation of legal guidelines supposed to shield the environment and human fitness. These laws govern air and water quality and dictate the ways wherein the disposal of waste and hazardous materials can

legally take region. Individuals or corporations may be discovered responsible of a white collar crime while violations of environmental regulation are dedicated.

Crime in opposition to surroundings and natural world are the acts that motive harm to the environments and wildlife round us, they’re considered as a class under the organized criminal sports around the globe, it’s miles the fourth largest place of crime inside the list of organized crime. These are below crimes towards surroundings, those are listed by the United Nations Inter-regional Crime and Justice Research Institution.

These crimes are on the rise, in step with a survey completed in 2017, in India, there had been a humongous soar of cases in India towards environment and flora and fauna, which has been round 79% from that during 2016. There have quite a few steps taken up with the aid of the government to increase the reporting of the instances, as there was upward push in consciousness of the crime in opposition to surroundings and natural world. Due to awareness, there was a rise in the activist motion everywhere in the USA to bring the animal rights in India, with proper law enforcement, there has been a upward push in the motion which is meant to be the voice for the unvoiced, that’s the character, environment in which we live in.

 

Environmental crime covers a wide range of violations that result in harm befalling the surroundings and human life, from errors on the administrative or Suit retaining stage to the actual unlawful dumping of pollution into the environment. Environmental crimes may encompass but are not limited to the following:

1. Poaching;
2. Illegal trade of wildlife;

• Unreported fishing;

1. Trade of unregulated & unlawful products for financial and private profits

– trade of timber, ivory, rhino horns or maybe sandalwood;

1. Littering;
2. Improper disposal of wastes;

• Oil spill;
• Destruction of wetlands;

1. Dumping into oceans, streams, lakes, or rivers;
2. Improperly dealing with pesticides or different toxic chemicals;
3. Burning rubbish;

• Improperly doing away with and disposing of asbestos;
• Falsifying lab information referring to environmental rules;
• Smuggling sure chemicals, including CFC refrigerants, into the U.S.;

1. Bribing government officers;

• Committing fraud related to environmental crime;

 

MOTIVE BEHIND ENVIRONMENTAL CRIMES

These crimes, which can be against the environment are not crimes which can be driven due to something spontaneous, those crimes are deliberate, these crimes are not most effective liable for environment degradation, however many other consequences.

 

• The first and the most crucial reason to devote any act is gaining benefits of materials and financial gains, many activities are done, only for the sake of making money and it’s far a motivator, for commissioning of these types of crime, there are extra reasons at the back of these kinds of environmental crimes.

 

• To benefit manage- occasionally environmental crimes are performed to benefit manage, it could be a territory, a product, to advantage monopoly.

 

DAMAGE TO ENVIRONMENT TILL NOW

 

Till now there has been a big impact that has been brought about to the surroundings due to human sports, the damage caused is beyond repair, however still it could be recovered if humans are able to recognize the subsequent records

• Each 12 months humans eat more than 50 billion tons of natural assets.
• At the rate at which the deforestation is being done, for any motive, the rainforest will be there only for the subsequent eighty years, after that we might not have any rainforest, they’re chargeable for a splendid percent of sparkling oxygen that human lifestyles relies upon upon.
• Humans have disposed-off nearly 10 crore lots of dangerous waste on in the year of 2020
• By a few predictions human beings will require every other earth like planet to sustain life at the real earth, we’re ingesting the near future, we’re consuming the complete planet. But humans don’t recognise that they most effective have one.
• Humans have consumed extra than half of the coral reefs, and they are ingesting at an increasing stage, by way of the subsequent 30 years there might not be any coral reefs. They are being misplaced because of human sports that reason upward thrust within the sea water temperature, Acidification and Algae.
• People will lose all their fisheries via 2050, which might be the lungs of the planet.
• Humans devour, destroy, eat extra than 2 billion harmless animals and flora every week.
• Humans are liable for wiping out more than Ten Thousand animal and plant species every year.
• It takes nearly 50,000 litres of clean water to make 1 kilogram of meat.

 

The above harm is best resulting from one single species, out lakhs of species or even greater. This is taken into consideration to be the 6th mass extinction of cosmological records, The earth can produce for the needs, but not for greed, isn’t a quote anymore, but it’s miles becoming to the brand new harsh reality. It is thought that if there will a drop in intake of meat through 10%, it will cause the cease of starvation.

 

 

 

 

 

 

 

 

 

 

 

 

WHY ARE ENVIRONMENT AND WILDLIFE CRIMES AGAINST HUMANITY?

 

Environmental harm because of human beings ,is harming the people themselves, human beings are negative their very own destiny via detrimental the environment inside the gift days, above we’ve seen that the damage triggered to people is against the law in opposition to humanity, however the global community nor the domestic network, have understood, the want for having legal guidelines, which are strict sufficient, to stop, and save you environmental damage, from a single person, to the entire international, everybody is responsible for the damage triggered until now, both for inflicting harm, or for no longer stopping the damage being triggered, a few have caused quite a few harm, a few have caused a little, however each person has contributed to the harm brought about until now. There are not any limits to the crimes which have been devoted, the harm , the killings, that the humans have brought on cannot be describe in mere numbers, we people have carried out an act, that would be done via the a VIRUS.

 

When we kill an animal, we’re eliminating a life, just to fulfill some mere desires of a human nature, while we reduce a tree, we’re welcoming our own end, we human beings have disrupted the Food chain, with each step we move forward toward development, we’re inflicting mass homicide of species. If this isn’t a crime, what might be. By adverse the environment, we’re negative our personal destiny, with which we are losing our very own international. There are many people that die, or lose the whole lot they have got just because of human sports, which have been extraordinary. There are droughts, vanishing of rivers, melting of ice caps, upward push within the water stage, global Warming all due to the people. Existing legal guidelines in India, for prevention of crime against environmental and flora and fauna prevention.

 

In India there had been many special legislations, passed via the Parliament, and extraordinary States, with focusing of different areas of environment, like air, water, prevention of pollutants, forest, and lots of greater, all of the acts which can be currently below enforcement, are indexed down below, with the noted year that they were delivered additionally with their fundamental goals and targets.

 

THE FOLLOWING ACTS THAT ARE STILL ENFORCED IN

INDIA:

• 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 (control, managing and trans-boundary) Rules,

2008

• The Forest Conservation Act, 1980
• Public Liability Insurance Act, 1991
• Biological Diversity Act, 2002
• Noise Pollution (law and control) Act, 2000

 

The above, are the principal regulation which can be currently enforceable in India, those legal guidelines have had a few fundamental amendment, which will be discussed in addition underneath this subject matter. All these acts have distinct aims and targets, however the closing purpose is equal and its miles to, keep the planet, save your environment from pollutants, and help in development but in a sustainable developmental manner.

 

 

 THE OBJECTIVES OF THE ABOVE-MENTIONED ACTS:

 

1. National Green Tribunal Act, of 2010 has the following objectives:

• To provide green and powerful disposal of topics relating to environmental safety.
• To provide repayment and treatments for the damages induced to the sufferers- the property or persons.
• To Revoke two legislative acts of the Parliament, handed in 1995, and 1997 respectively.
• To address other environmental problems.

 

2. The Air Act, 1981

 

• To save you air pollution
• To manage air Pollution
• To assign Central and State forums for the above-referred to cause
• To punish the violators of the act
• To deal with the topics related to air, its prevention and manage.

 

3. The Water Act, 1974

• To save your water from pollution
• To manipulate Water Pollution
• To assign Central and State boards for the above-stated motive
• To punish the violators of the act
• To deal with the topics associated with water, its prevention and manipulate.

 

4. Environment Protection Act, 1986

• To enhance the environmental conditions
• To uphold the 26 standards of the Stockholm declaration 1972.
• To take strict priority action in opposition to individuals who damage the Surroundings.
• To provide the crucial authorities with the power to take strict motion to save from the degradation of the environment.

 

5. The Wildlife Protection Act, 1972

• To restrict the looking of distinctive wild animals, birds and plants.
• To setup the management of national parks, wildlife reserves and sanctuaries.
• To manage trade and commerce of the natural world and its merchandise.

 

MAJOR AMENDMENTS IN ENVIRONMENTAL LAW IN INDIA

 

There were some essential and essential and modern change inside the domestic

Laws related to environment in India, Following below are the amendments done related to it. These legal guidelines have secure and positioned restrictions both.

 

• Under the notification of Environmental Impact Assessment, in 2006, helped in rest of infrastructure, however on the price of mass hazard, before this modification, almost each massive challenge required but now tasks which cover the area much less the 50,000 meters square does not require superior permission from the government.

 

• In Coastal regulation below the Environment Protection act, an change turned into added in 1996 which helped in growing the tourism in India, however again on the value of environment, on this government lifted up the requirement of superior permission by using the authorities, to begin any assignment in coastal areas.

 

 

The above have been laws that are relaxed by the limit by the government the subsequent are the amendments which helped the government have proper policies in environmental regulations, they are as follows:

 

• The Motors Vehicle Act (Amendment)2019

This law particularly focused on increasing the penalty of violations of any motor automobile regulation, by way of 100% earlier the folks who have been required to pat Rs. A hundred now needed to pay Rs. One thousand for the same crime, this law had numerous effect, human beings started out following street legal guidelines, and right equipment inside the automobiles to prevent environmental harm. But specific states in India added the scenario lower back to square one when they amended to country laws, by bringing the fines again at nominal quotes, for political and social benefits.

 

• The Factories Act of 1987

This changed into lots needed law, after the Bhopal gas tragedy, it delivered strict laws, for the factories, who are basically responsible for environment degradation, and strictness changed into utilized in drafting these legal guidelines to hold right test on the factories, to see if the simple standards are being met or no longer.

 

IMPACT OF THESE LAWS:

As mentioned above, India has its own legislation for environmental safety, and equipment to prevent these styles of crimes, now let’s see, the effect of these law to this point, has it been capable of obtain its goals?

 

So a long way there had been many law, from 1853 till 2018 to now in 2020, there were many environmental laws, a lot of these laws target to create focus about surroundings, its safety, and those laws have shown the subject of the government, for the environment.

 

These laws have had their impact on the surroundings of India, some of these laws have helped in stopping environmental harm, whilst some have now not been so effect-complete, these legal guidelines have had a various effect, those affects range from a single man or woman to the complete country.

 

These legal guidelines have had both tremendous and bad influences , there may be a demand of recent laws, that an efficient enough to create attention aiming the people, which might be there to make the work judiciary clean and no longer be lenient at the wrongdoers, these legal guidelines in India have had a fine reaction until now, I has due to continuous interference of the judiciary and its precedents.

 

The government has drafted the regulation, however they want to attend to the surroundings, because it has been taking care our desires.

Since 1990 the authorities has started out taking significantly and considering 2015 India has come to be a international accomplice in saving the environment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CASE LAWS RELATED TO THE ENVIRONMENT AND ITS PROTECTION

 

Case law which have the full power of being binding in domestic courts. They play an important role, through being a source of regulation, there were many cases

within the beyond, both in global and domestic criminal sphere, the subsequent are a few of the most vital case laws, inside the home sphere of judicial system which have given new brilliant turns to the environmental law, in India.

 

1. Municipal Council, Ratlam v. Vardhichand and Others[1]

Also referred to as the Ratlam city case, is considered to be a landmark, and a totally vital judgment given via the splendid courtroom of India, in this case the court docket

discovered the effect of deteriorating urban environment, at the terrible dwelling inside the urban vicinity in this example, public fitness turned into diagnosed as a human right, which obliged the municipal council, to take proper steps, especially in handling the drainage centers in Ratlam.

 

2. C Mehta v. Union of India (Shriram Industries Case)[2]

Also known as the Shriram gas leak case, is a distinguished judgment within the environmental case laws in India, this became a gas leak of meals chemicals inside the capital of the country, in New Delhi, in this case the court docket located that organization in below absolute legal responsibility, to pay the compensation to the sufferers of the gasoline leak, this changed into the primary case in India, wherein the concept of absolute liability became introduced, this become also the first case in India in which the accused turned into penalized, and became requested to pay for the damage induced, and pay repayment to the victims of the fuel leak.

 

3. C Mehta v. Union of India (Ganga case)[3]

Also referred to as the Ganga pollutants case, that is a case, that’s taken into consideration to be the maximum critical case, for rivers and their rights, in this example the courtroom observed, and closed many tanneries round and in the town of Kanpur, Uttar Pradesh, as Ganga is one of the biggest rivers in India, there are many industries, which motive pollutants. Justice E.S. Venkataramiah located similar to an industry which can’t pay minimum wages to its employees cannot be allowed to exist, a tannery which cannot set up a primary treatment plant cannot be accepted to remain in life

 

4. Tarun Bharat Singh, Alwar v. Union of India and Others[4]

 

In this case the court banned mining in the Sariska country wide park location, but regrettably in keeping with reviews in 2015 the mining in Sariska has been in complete swing, it’s miles inflicting harm to the environment. And there had been no writ petition filled in the Supreme Court, now not even under Article 21 wherein the right guarantees to have a safe and protected environment.

 

 

 

 

 

 

 

PUNISHMENT

This part of the paper attempts to deal with how regulation gives treatments to the surroundings, by punishing the wrong doers. This will best cover the domestic Indian laws, which might be used to punish them. The nature on those treatments may be divided into three components, as Constitutional, Civil and Criminal.

 

1. Constitutional Remedies:

 

• 42nd Constitutional Amendment-

It gave the Indian Constitution many amendments, however for the surroundings, there have been  major amendments, they have been 48-A and 51-A, they may be defined

underneath.

1. Article 48-A- It is under Part IV of the Indian Constitution, underneath the Directive Principle of State Policies, it is titled as Protection and development of surroundings and safeguarding of forests and wildlife it’s far inter-operated that the government has the duty to shield the wooded area and flora and fauna. The court has the power to use financial sanctions at the wrong doers, however lately they’ve commenced the use of imprisonment, as a tool, underneath the jurisdiction of the court and the depth of the crime.

 

1. Article 51-A- it is given under the Part V of the Indian Constitution, Under the provisions of Fundamental Duties, it’s being titled as fundamental Duties there was an addition of a clause (g) that is interpreted that the human beings have the duty and the responsibility toward the Surroundings and the protection of the environment, that they need to defend the rivers, natural surroundings, and they may be needed to have compassion for all the living creatures around them.

 

• Article 21- Article 21 of the Indian charter has the most expansive interpretation, it deals with the proper to life and private liberty, it ensures it, until the time there’s no need to cast off this proper with the aid of regulation. So, beneath M.C Mehta vs. Union of India, it changed into also held that the humans have the proper to have a secure and UN-polluted environments, and it need to be guaranteed through the government itself. It is the duty of the authorities and the citizens of the state, to guarantee this right to every other, this right isn’t always only for the residents, it is also for the non-citizens of India, underneath this if anybody is stuck casing harm to the surroundings, which leads or might also cause death, may be charged with looking to murder under the penal code of India.

 

These had been the constitutional remedies the underneath are the civil remedies which exist in India, they’re as follows, they particularly focus on economic and financial punishments, and quick-termed imprisonment also, relying upon the jurisdiction of the courts and the depth of crime.

 

2. Criminal Remedies:

The following are the Criminal Remedies beneath the Indian Penal Code. The following sections of the IPC deal with public protection, public fitness, public nuisance, negligence:

 

1. Section 268 to-Section 294-A
2. Section 269-271- Spreading of infectious disease is a public nuisance and a crime

• Section 277- to save water from pollution

1. Section 290- Smoking in public is a criminal offense
2. Section 426-Pollution because of mischief
3. Section 430-Pollution resulting from mischief

• Section 431-Pollution as a result of mischief
• Section 432-Pollution because of mischief

All the above are crime and these crimes are public in nature, because of this that they are in opposition to the nation. Financial Sanction, Imprisonment or each are used as a remedy.

 

The law of tort and the Protection of Environment

Although the tort law does not specifically deal with environmental law and environmental protection. Nevertheless, the principles have evolved from certain aspects of the law.

In India, most tort cases fall into four main categories.

 

1. Nuisance: Anything that irritates, disturbs, or makes the person who owns his property physically uncomfortable with normal use or [5] The nuisance may be public or private. Therefore, interference from odors, noise, exhaust fumes, gases, heat, smoke, bacteria, vibrations, etc. can be the basis for harassment proceedings.

 

2. Negligence: Guided by the usual considerations that govern personnel, they do nothing that a rational person does, or do something that a rational and wise person does.[6] In other words, certain torts that may be the basis of common law actions to prevent If damage, loss, or inconvenience is caused by not paying close attention, it is negligence.

 

3. Illegal intrusion: Acting illegally or illegally to harm someone else’s or property. In the case of the environment, breach constitutes a deliberate attempt to damage plaintiff’s [7]

 

4. Strict liability: No fault-free liability, or precautionary measures or negligence, good intentions or bad faith, knowledge or ignorance, will save the[8]This tort has a significant impact on environmental pollution. Environmental law deals with regulations designed to protect general public health, while tort law was purchased to compensate for harm to individuals. Similarly, when dealing with environmental law, the burden of proof lies with the defendant, and in the case of tort, the plaintiff is responsible for proving that the claim caused harm .

 

RELIEF UNDER LAW OF TORT

There are two remedies available under tort law.

 

1. Damages and
2. Injunction

 

1. Relief damage:

Financial compensation or compensation that can be recovered in court from a person who has lost, injured or injured, regardless of person, property or rights, due to the tort or omission or negligence of another person.[9] Continued efforts for the Supreme Court’s ruling if environmental damage is caused by dangerous or inherently dangerous activity. In the case of the M.C. Mehta v Union of India, a leak of fuming sulfuric acid gas caused serious environmental damage. The Supreme Court ruled that the amount of damages given must be proportional to the amount paid and the ability of the contaminated person.[10]

 

 

 

2. Relief by Injunction

 

An injunction issued by the Court of Justice to a defendant in a proceeding or a party appointed as a defendant for that purpose in a proceeding filed by the appellant of the party. Or, an act by which an agent acts to intimidate or attempt to commit, or to prevent him from continuing to do so. Such conduct is unjust and unjust, damages the plaintiff and cannot be fully remedied by any legal proceeding.[11] In other words, it is a treatment that can play an important role in reducing or preventing pollution. Tort law has traditionally been a blunt instrument to improve environmental damage. Indeed, the lack of a clear fit between certain environmental harms and the remedies of common law tort systems has been a major catalyst for the growth of environmental laws and regulations over the last few decades.[12] Nevertheless, general tort theory has been successfully applied to treat many types of environmental damage.[13]

 

Role of National Green Tribunal

 

As the burden on Supreme Court accelerated and instances started out to pile up the apex court docket time to time expressed the pressing need for an alternative discussion board to deal with the environmental cases without any postpone. In M. C Mehta v. Union of India, the Supreme Court first time indicted the want for separate opportunity forums to address the environmental cases on a regional foundation with  professionals from environmental technology research institution and a professional Judge.[14]

 

It offers results to the worldwide declarations on surroundings and offers a specialized forum for effective and brief disposal of environmental cases. The parliament enacted the countrywide green tribunal act in 2010, it confers NGT the energy to pay attention court cases as well as appeals below various environmental laws. It follows the across the world recognized principle of sustainable development even as issuing the order.

 

The act provides that the tribunal may additionally, by using an order provide remedy and repayment to the sufferers of pollution and other environmental damages springing up beneath the enactment of this act. Which includes accident occurring whilst handling any unsafe substances or restitution of the environment for the areas because the tribunal may think fit.[15] This act turned into also a reaction to put in force the apex courtroom’s pronouncement that the right to healthy and safe environment is likewise a part of right to life under article 21 of the Indian Constitution.

 

Jurisdiction Of National Green Tribunal

The NGT has the energy to hear all the civil cases related to the environmental troubles and complaints which are connected to the implication of laws listed inside the scheduled 1 of The National Green Tribunals Act, 2010, which includes:

1. The Water (Prevention and Control of Pollution) Act, 1947;
2. The Water (Prevention and Control of Pollution ) Cess Act, 1947;
3. The Forest ( Conservation ) Act, 1980;
4. The Air ( Prevention and Control of Pollution) Act, 1981;
5. The Environment (Protection) Act, 1991;
6. The Public Liability Insurance Act, 1991;
7. The Biological Diversity Act, 2002;

 

However the NGT has now not been vested with the powers to hear any count referring to Wildlife (Protection) Act, 1972, The Indian Forest Act, 1927, Laws enacted by means of States regarding Forests, Tree Preservation etc. Consequently any widespread issues related to those laws cannot be challenged before the tribunal. Apart from this the National Green Tribunal also enjoys the powers of suo moto.

 

National Crimes Record Bureau (Data Analysis)

In the year 2018 the National Crime Record Bureau (herein referred as NCRB) launched yearly file from 2016 to 2018 related to the offences which can be registered underneath environment related crimes. The file of the NCRB isn’t always best stunning however also raises many questions as opposed to answering them.

 

To put it into the perspective let us observe the report. From 2016 to 2018 general range of instances related to environment were 4732, 42143, 35196 respectively from which 41.3% of the full instances have been registered from Tamil Nadu accompanied by means of Rajasthan with 27.8% and kerela with 16.3% whereas no longer even a single case became recorded in north-japanese states with dense wooded area, biodiversity and mining-rich geology however what concerns the maximum is that the cases which had been recorded as environmental offence had been under the Cigarette and Other Tobacco Products Act, 2003 which isn’t always an act which usually offers with the pollution or environmental degradation.

 

Tamil Nadu being a prime contributor to the environmental offences in file most effective registered one case underneath The Environmental (Protection) Act, 1986 and The Forest Act & the Forest Conservation Act, 1927 and total of only 17 instances had been recorded below The Air (1981) & The Water (Prevention & Control of Pollution) Act, 1974 in throughout India and best 85 instances beneath The Environmental (Protection) Act.[16]

 

This has been launched whilst 30 cities within the world with most polluted air, 22 had been found in India with Delhi being one of the maximum polluted cities in the world yet in line with the NCRB’S report not even a single case was recorded beneath The Air (1981) & The Water (Prevention & Control of Pollution) Act, 1974. The facts suggests similar state of affairs in with the Uttar Pradesh which is thought for its polluted river our bodies like Ganga and Yamuna but it recorded most effective one case.

 

The NCRB report poses a completely annoying determine as maximum of the states and union territory are not even reporting a unmarried case associated with environmental problems whereas 85.Three% of the overall instances in India comes from most effective three states and majority of those cases are recorded below the acts which now not even deals with the real environmental associated troubles. According to environmental overall performance index India stands at 177th rank out of total a hundred and eighty countries.

 

According to international fitness organization air exceptional and water quality of India in most of the components are way (underneath) than the usual safety. Which forces us to question and doubt the NCRB file is to why the states aren’t reporting any crimes related to environment does it imply that during India crimes related to environment do not exist?, or we are not taking surroundings related offences critically to that quantity we are not even reporting it?

 

According to Prerna Bindra, former member, National Board for Wildlife the NCRB information is a great start, but is in no manner an correct mirrored image of both the dimensions or gravity of environmental crimes devoted.

 

 

 

 

 

 

 

 

 

 

 

 

 

CONCLUSION

 

We humans have done enough to harm the planet, and this planet has given humans everything they need, but it is because of human desires. Human Being in society leads to this damage. There are several ways we humans can recover, which can be time consuming, but first requires proper law enforcement to end these types of activities, and even before. Need a new law that is strict enough to apply the principles Deterrence.

 

This paper focuses on bringing crimes against humanity and crimes against the environment and wildlife closer to crimes against humanity. It should be considered a crime against humanity. This environment was there to meet the needs of all people, we have to take care of the environment as it took care of us. Not needing a person for his existence, a person needs an environment for his survival. There are many thinkers, many laws and many activists in India and around the world. However, it is the role of a very single individual to contribute to environmental destruction and development. There are many things to do, It cannot be done until we can save the environment.

 

This COVID 19 virus was a disguised blessing and helped restore the environment from all the damage suffered by people around the world. Caused many deaths, this is where we need to understand that nothing is under our control and we should not consider controlling anything ..

In conclusion, we can say that we should take every step we want to take against the environment only after considering all the factors, we should follow it. We need to respect and care for the environment, as life exists on this planet and can only evolve until the existence of life really approaches the environment. Without the environment, there is no life, There are no people in life. Environmental law has evolved significantly over the past few decades through a variety of international and domestic efforts and through social activities involving strategic environmental initiatives. However, despite these efforts, environment-related crimes are still unmanaged and are reportedly the fourth most crime-prone areas in the world. The situation is much more serious than expected. The International Criminal Court must hear the environmental crimes listed in the draft Roman law. In recent years, the international community has developed rapidly due to environmental crimes, but it is not enough to recognize a clean environment as a human right, and there is no need to prosecute the perpetrators of environmental crimes. Not only for individuals or industries, but also for countries. Changing the statue of Rome will help you take a step forward. In India, cases related to pollution and environmental issues are not considered criminal offenses, so perpetrators are not punished, and mere indemnity alone creates a deterrent for society concerned about pollution and related cases. Not enough. So the environment has been greatly reduced. With an ever-evolving society, we need to change our systems.

 

Criminalization is a trend of the times because crimes that are harmful to the environment affect not only the group but the entire human race. Government must recognize the importance of a safe and clean environment for citizens and everyone who pollutes their purity. However, Indian judiciary has played a very important role in setting the framework for environmental law.

 

NGT is India’s most consistent and progressive Environmental Agency. Unlike the Supreme Court, NGT does not routinely support infrastructure projects or delay the resolution of earlier cases. She redefined the role of environmental professionals and the criteria for choosing such professionals. It carried out its mission, which is generally related to permanent environmental clearance, mostly successfully. The green courts in the region appear to be even more active and aggressive than the NCT in Delhi, as the judges in the region are fearless and have no ambitions for national status. Finally, NGT seems to have encouraged many lawyers across India to specialize in environmental law.

 

 

BIBLIOGRAPHY

 

1. Bare Act- Constitution of India
2. Bare Act- Air Act,1981
3. Bare Act- Water Act,1974
4. Bare Act- Environment protection act,1986
5. Bare Act- National Green Tribunal Act,2010
6. Bare Act- Wildlife Protection Act,1972
7. Environmental Investigation Agency (EIA)
8. Book – Environmental Law by Dr. Paramjit S. Jaswal, Dr. Nishtha

Jaswal, & Ms. Vibhuti Jaswal

9. Patten, D. Motivations, opportunities, and controls of environmental crime: an empirical test of Kramer and Michalowski’s integrated theoretical model of state-corporate crime. Crime Law Soc Change 72, 195–210 (2019).

https://doi.org/10.1007/s10611-019-09811-2

10. Jaiswal, P.S., Common Law and Other Statutory Remedies, Environmental Law, Pioneer Publications, New Delhi, pp. 19-35
11. Sadasivan Nair, G., Environmental Offences–Crimes against Humanity and the Environment, Cochin University Law Review, School of Legal Studies, Cochin University, Volume 11, p. 65

 

[1] 1980 AIR 1622,1981 SCR (1)

 

[2] 1987 SCR (1) 819, AIR 1987 965

 

[3] 1988 AIR 1115,1988 SCC (2) 530

 

[4] 1993 SCR (3) 21,1993 SCC Sulp. (3)115

 

[5]Henry Campbell Black, Black’s Law Dictionary,1290 (11th Ed 2019)

[6]Henry Campbell Black, Black’s Law Dictionary,1260 (11th Ed 2019)

[7]Henry Campbell Black, Black’s Law Dictionary,1751 (11th Ed 2019)

[8]Henry Campbell Black, Black’s Law Dictionary, 1667 (11th Ed 2019)

[9]Henry Campbell Black, Black’s Law Dictionary,542 (11th Ed 2019)

[10]1987 SCR (1) 819, See Also Air 1987 965

[11]Henry Campbell Black, Black’s Law Dictionary,999 (11th Ed 2019)

[12]Jamie Cassels (1989), Judicial Activism and Public Interest Litigation in India: Attempting the Impossible?

[13]M.Tony Mathew, L. Priyadharshini, Tortious Liability For Environmental Harm In India-A Review, International Journal of Pure and Applied Mathematics, Volume 120 No. 5 2018, 463-475

[14]1987 SCR (1) 819, see also AIR 1987 965

[15]The National Green Tribunals Act, 2010

[16]National Crime Records Bureau, crimes in India 2018, volume II, Ministry Of Home Affairs

(ref link :- https://ncrb.gov.in/crime-india-2018)