Open Access Research Article
ENVIRONMENTAL JUSTICE THROUGH THE CRIMINOLOGICAL LENSES-INDIAN PERSPECTIVE
Published Paper
Article Details
ENVIRONMENTAL JUSTICE THROUGH THE
CRIMINOLOGICAL LENSES-INDIAN PERSPECTIVE
AUTHORED BY - URBEE GHOSH[1]
ABSTRACT
A study of environmental crime and
harm affecting humans and non-humans’ life, the ecosystem, and the biosphere is
known to be Green Criminology. In the 1990s Green Criminology was introduced as
a new branch of Criminology and alongside, owing to the requirements under the
International Stockholm Conference in 1972, India introduced a bundle of
legislations on environmental laws. Amongst them, the Environment (Protection)
Act, 1986 is the umbrella legislation dealing with the plausible harms on land,
water, air, and biodiversity as a whole. However, despite the positive efforts,
in India, environmental crime is on the triumph. According
to the National Crime Records Bureau (hereinafter, NCRB) reports, the rate of
crime against the environment is increasing by 4.4% (approx.) per year. For
example, in the year 2020-21, 61,767 cases of environmental crimes were
registered, which raised to 64,471 within a span of 12 months. It is argued
that amongst other things, the lack of elasticity in legislation, weak enforcement,
poor monitoring, absence of effective punitive measures, and scarcity of funds
is the primary issues behind a sudden spur in the crime rate. Under this
scenario, the present review paper unfolds itself by analyzing the
interconnection between green crimes and the protection of biodiversity in the
Indian context. The authors situate their discussion around the international
initiatives that India took to curb the menace and its implementation at the
National level. Alongside, an overview of judicial guidelines that depict the
dawn of environmental jurisprudence in India is outlined. In conclusion, to
prevent the befall of the environment and human life; the authors advocate for
stringer punishments for environmental law violations as also enforcement of
the existing laws by joint task forces.
KEYWORDS
Green Crimes, Criminology, National Green
Tribunal, Green – Collar Crime, sustainable development.
BACKGROUND
Injury towards humanity and cruelty to
the environment both are equally offensive in nature. There are various sets of
offenses that resides in society from time immemorial. Unlike crime against humanity, crime against
the environment is recently originated. Primarily, ascertaining green offenses
is inevitable for the proper enforcement of environmental laws and the preservation
of a healthy environment for humanity. Man’s interference in the natural
environment reaching a vicious extent causes ecological imbalance. As a result,
a serious threat to human health and damage to the environment entitles the law
to interfere and neutralize to counterbalance the menaces. The definition of
environmental crime depends upon three ingredients, firstly, violation of the
environmental legislation of a particular area, secondly, affects both humans
and non-humans exploiting planet Earth thus causing imbalance, and embedding man
and nature in insecurity. Thus, according to Merriam-Webster
Dictionary, an act that is destructive to the environment and that has been
criminalized by statute is called environmental crime.[2] Crime
and criminology are interrelated to each other. Crime is the act or omission
which constitutes an offense and is punishable by law, whereas criminology is
the study of crime and criminal behaviour of an individual. Criminology is an
age-old concept, introduced around 1889 to manipulate humans and offenses
against humans. Subsequently, the focus shifted toward the environment upon launching
the term ‘Green Criminology’ by Prof. Lynch in the year 1992. It is a field that operates as a tool for researching,
studying, and associating with environmental crimes and wider environmental
harms that are often ignored by mainstream criminology. Green crime is a
fast-moving and challenging area in which academicians, policymakers, and
practitioners frequently contradict research to define the seriousness of
criminality.[3] Green
Criminology follows the footmark of critical or radical criminology. The
complex, uncertain, and ambiguous nature of these harms reveals the need for a
more holistic approach: one that more firmly ties together social and
ecological systems.[4] On the
contrary, traditional criminology focuses on human victims, considering that, green
criminology acknowledges that various living creatures can be the victims when
humans misuse the ecosystem. Green Criminological research thus explores crime
and notifies unique victims. Thus, Green Criminology is an umbrella term for
criminology concerned with the general neglect of ecological issues and
biodiversity. Despite such a potential approach, environmental crime in India could
not be marked down. According to the National Crime
Records Bureau
(hereinafter, NCRB) reports, the rate of crime against the environment is
increasing by 4.4% (approx.) per year. For example, in the year 2020-21, 61,767
environmental crimes cases were registered, which raised to 64,471 within 12
months. Concurrently,
Wildlife Crime Control Bureau exhibits and analyses that between 2018 and 2020
about 2054 cases were registered for killing or illegal trafficking of wild
animals in India, by three years, about 3836 accused were arrested for the
crime. The number of cases registered in the year 2018 was 648 and 1099 persons
were arrested, followed by 805 cases and 1506 arrests in 2019 and 601 cases and
1231 arrests in 2020.[5] For
example – between 2008- 2018, 384 tigers were killed by poachers out of which
961 perpetrator was arrested as pronounced by Wildlife Crime Control Bureau.
The issue prevailing in the present
comment is to set an awakening tone to the government that must make such
mandatory provisions to constitute the National Green Tribunal (henceforth, NGT)
benches in every state and remove the divergence of distance and approachability.
NGT composes of alarming requisites to set up benches around India and not
merely stand as a five pillared structure. In the pioneer letters of the 186th
Law Commission Report on “Proposal to constitute Environmental Courts”. The
report also mentions that these courts should be constructed in each state or
group of states when the law commission suggested the term ‘accessibility of
citizens.’ Environmental crime is surely
an organized crime, that is planned to injure nature. For example – forest
civilians hunt to live and not to crush the ecosystem. But visitors who track
into a dense forest usually have the motive to kill wildlife or cut down trees
for their own financial gain. Major drivers of environmental crime include
economic benefits, sustainable demand, poverty, as well as institutional and
regulatory failures. Hence, the community should be conscious of forming a
potential environment because the entire human civilization possesses a healthy
and hygienic environment. While the history of humanity over the last several millennia is noted
for its constant and/or consistent progress in different walks of life, the
mysteries of nature have often proved to be quite tempting to be solved by
human thinking and actions. Around 3.7 billion years ago life on Earth has
discovered due to its atmosphere. Therefore, the proper implementation of
environmental jurisprudence is obligatory to maintain the balance between
nature and its ecosystem.
Evolution of Green Criminology
The insertion of the green
perspective into criminology is usually claimed to have originated back in the
1990s, and has been strengthening, refreshing, and, in many respects, regarded
as a relatively ‘new’ member of this field. A successive development denotes
that environmental issues and abuse of nature form a deep layout in some of the
earlier literature on the sociology of deviance and criminology, social
problems, and political economy. A significant amount of knowledge that could
be regarded as a contribution to a ‘green criminology’ has long existed but has
been either forgotten or overlooked. For example, relevant research carried out
in the Scandinavian countries has not been acknowledged at large by green
criminology because it was produced in Danish, Norwegian, or Swedish.[6]
During the contemporary criminological era the state of Europe, the United
States, and Oceania focused on the natural environment, naming it ‘green
criminology.’ The term ‘green criminology’ seems to have been used by Lynch in
1990. In Lynch’s use of the term, the objective was to reveal and respond to a
‘variety of class-related injustices that maintain an unequal distribution of
power while destroying human life, generating hunger, uprooting, and poisoning
the entire ecosystem. The durable transformation in developing the notion of
‘green criminology’ continued till the late twentieth century. In the year 1972
United Nations Convention on Environment in Stockholm, Sweden introduces the
environment as a major issue.
Stockholm Conference – Pedigree of
Environmental Development
The United Nations Conference on the
Human Environment was held in Stockholm from 5th to 16th
June in the year 1972. The conference is considered to be the Magna Carta of
environmental law. The conference is treated at par with the Universal
Declaration of Human Rights (UDHR), 1948. The said conference may be figured as the
first major attempt to save the global problems of conservation and regulation
of the human environment by international agreement on a universal standpoint. The
then Prime Minister of India Mrs. Indira Gandhi attended the Stockholm
Conference. India ratified the Stockholm Convention on January 13, 2006, as per
Article 25(4), which enabled it to keep itself in a default "opt-out"
position such that amendments in various Annexes of the convention cannot be
enforced on it unless an instrument of ratification/ acceptance/ approval or
accession is explicitly dep osited with UN depositary.[7] Stockholm
is a Global treaty to protect the environment and humanity from Persistent
Organic Pollutants (POPs). POPs proliferate in the atmosphere and last for a
long time. Gradually it becomes widely distributed and geographically assemble
in the fatty tissue of living beings which is toxic to man and wildlife.
However, Stockholm Conference was introduced to curtail such POPs from the
environment and abolish unacceptable hazards to society. Over 152 countries
ratified the Convention and it entered into force, on 17 May 2004.
Purpose to commit environmental crime
Environmental crime is a designed
crime and never emerges out of spontaneity. Environmental degradation cannot be
tagged as the sole cause of crime against the environment. Such crimes are
committed exactly like organized crimes to acquire profit from them. Green
crime is a part of White-Collar Crime. It is also found that environmental
crime is often used as a weapon to gain control over a territory or to execute
some destined crime.
As a result, environmental crime is
neither traditional in nature nor arises due to poverty, rage, or economic
instability. It is an organized crime and affects society at large.
International Treaties – Ratified by
India
UN Framework Convention on Climate
Change (UNFCCC), 1992.
In the year 1993, India ratified the
convention. The 198 countries that have ratified the Convention are called
Parties to the Convention.[8] It
aimed to sustain Green House Gas and maintain sustainable development.
Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES), 1973.
India ratified CITES in the year
1976. India prohibits the international trade of endangered wild species. India
has placed several measures to control the threats from invasive alien species.
This is done by regulating the trade by export certificates and import permits.[9]
Basel Convention on Transboundary
Movement of Hazardous Wastes, 1989.
India ratified the Basel Convention
in the year 1992 focusing to protect human health and the environment against
the adverse effects that may result from the generation, transboundary
movements, and management of hazardous and other wastes.[10]
Paris Agreement, 2015.
India ratified the Paris Agreement on
2nd October 2016. The Paris Agreement sets out a global framework to
avoid dangerous climate change by limiting global warming to well below 2°C and
pursuing efforts to limit it to 1.5°C. It also aims to strengthen countries'
ability to deal with the impacts of climate change and support them in their
efforts.[11]
Institution – to escort the law of
Green Crime
·
Supreme
Court of India
·
High
Courts
·
District
and Subordinate Courts
·
National
Green Tribunal
·
National
Environmental Appellate Authority
·
Central
Pollution Control Board
·
State
Pollution Control Board
·
Chief
Forest Conservators
·
Factory
Inspectors
·
District
Collectors
·
Executive
Magistrate.
Environmental Jurisprudence –
Domestic Case Laws
M.C. Mehta was famous for the
development of environmental jurisprudence in India. Subsequently, He was a well-known
public interest attorney from India and labelled as a “Pioneer in the field of Environmental
Law”. History briefs many landmark judgments for the development of
environmental jurisprudence. Judiciary plays a vital role in the protection of the
environment.[12]
Therefore some milestone judgments on Environmental jurisprudence are:
Rural
Litigation and Entitlement Kendra & others v. State of Uttar Pradesh and Others 1985 AIR 652, SCR (3) 169.
The said case is well known as the “Dehradun
Valley Case”. The main factor regarding the case was to stop extricating
limestone by blasting the hills with dynamite. This practice has also resulted
in cave-ins and slumping because the mines dug deep into the hillsides, which
is an illegal practice per se. Lack of vegetation builds a threat to many
livelihoods. In this case, the concerned court directed Vijay Shree Mines to
pay Rs. 3 lakhs to the fund of the Monitoring Committee as the company caused
immense damage to the area.
In this case, the apex court declared
to maintain a balanced environment and ecological integrity against industrial
demands upon forest resources
·
myne
lessees whom the court directed to terminate their operations later will be
provided with new areas open limestone mining firm.
·
Eco
– a task force of the Central Department was ordered to reforest the area
damaged by mining and jobs to be provided to the workers who were displaced due
to mine closure on prior notice.
Dynamite is a natural resource. It is used for mining, quarrying,
construction, and demolition of industries as raw materials. These raw
materials are consumed but not properly used. Proper utilization is most
needed, if not then preservation. As a result, the practice to dig deep into
the hills and consuming mines beyond usage is categorically a part of green–collar
crime.
Municipal
Council, Ratlam v. Shri Vardhichand and Others 1980 AIR 1622, 1981 SCR (1) 97
Ratlam is a city in the State of
Madhya Pradesh in India. Residents of the concerned city filed a complaint
before the sub-divisional Magistrate charging that the municipality is not
constructing proper drains. As a result, the stinky smell is polluting the
environment due to dwelling slums in and around such areas. The Sub-divisional
judge directed the municipality to prepare a proper development plan within six
months submitted by the residents of Ratlam City (approved by the High Court).
Later, residents of the city appealed before the apex court for desired
financial support to comply with the direction as issued by the Subdivisional magistrate
in Ratlam city. The respondents over it claimed that the municipality is casual
about the fact that many alcohols plant is growing which is resulting in
Malaria.
Thus, the apex court instructed the municipality
of Ratlam to protect the area from pollution caused by alcohol plants, to fulfill
the obligation by building sufficient public laterals for men and women
separately along with proper water supply and the municipality should realize
the emergence of the resources.
Hygiene is a necessity for a
locality. The construction of a proper drainage system is the first step toward
hygiene. Accordingly, the initiative taken by the residents of Ratlam was apt.
Every person has the right to live in a fresh and pollutionless environment.
The case was the 1st River Pollution Case to emerge in
environmental public interest legal proceedings. Ganga flows south and so
eastward and drains itself into the Bay of Bengal area. Ganga is known to be
the lifeline of many civilizations in India.
The said case was concerned with the growth of the industrialized area on
the banks of River Ganga, due to which our pious Ganga was getting polluted.
The case is also termed as Kanpur Leather Tanneries Case.
The petitioner requested the subordinate court to restrain the respondent
from purifying effluents into the Ganga watercourse. to arrest pollution.
Primarily, the court issued a direction under Order I Rule 8 of CPC, and
focused on the provisions of our constitutional framework. Likewise, Article
48A and Article 51A were inserted.
The court also directed the publication of test books written to aware
citizens of Ganga Pollution and circulate them to educational institutions free
of cost. Children should be aware to keep their surroundings clean both outsides
and inside their house. Clean surrounding leads to a healthy body and a fresh
mind. Said programs should train the teachers also so that they could train the
upcoming generation with exactitude. The said order by the apex court should be
followed all over the country.
Indians worship the river Ganga hand in hand Indians pollute Ganga.
Endless industries and civilizations took birth on the bank of the river Ganga.
The growth of industrialization is falling much heavier for river Ganga than
for civilians who reside nearby. Polluting water is damaging the quality of the
water resources we use. Therefore, the theory first to worship and finally
pollutes the same.
M.C. Mehta v. Union of India and Others,
1987, AIR 1086, 1987 SCR (1)
Taj Trapezium was the first tentative step in the matter of environmental
litigation. Kuldeep Singh. J on the eve of his retirement delivered a landmark
judgment in this case popularly known as the ‘Taj Trapezium Case’. The
Sulphuric Dioxide emitted by the Mathura Refinery and various industries when
combined with Oxygen with the aid of Moisture in the atmosphere forms sulphuric
acid called ‘Acid Rain’ which has a corroding effect on the white marble.
The development of industries is essential for the country’s economy, but
at the same time, the environment and the ecosystem should be protected.
Relocation of the industries from the Taj Trapezium zone is to be restored only
if the natural gas that has been bought at the doorstep of the Taj Trapezium
zone is acceptable to the industries as a substitute for coke. The industries
operating in the Taj Trapezium zone are given gas connections to run the
industries need not relocate. The whole purpose is to stop air pollution caused
by coke.
Taj Mahal is
one of the seven wonders of the world. The wonder was built with white marble, but
gradually environmental researchers have found a mystery about those white
marbles turning yellow. The reason is due to acid rain. Now, at Agra number of
coke factories developed, and the omission of sulphur dioxide from such is a
crime of course which is one of the famous marble palaces in India. To deface
an immense mausoleum of white marble being a masterpiece of Muslim cultural
heritage in India is an offense undoubtedly.
Manoj Mishra v. Delhi Development
Authority (Art of living Case) Original
Appeal No. 2016.
The National Green Tribunal (NGT) held Sri Sri Ravi Shankar's Art of
Living responsible for the damage to the Yamuna floodplains caused by the
holding of the World Culture Festival in 2016.[13] National Green Tribunal directed the organization responsible for
damages to deposit initial compensation as fixed by the Expert Committee Rs.120
Crore, later the amount was reduced to 28.73 crores. Analyzing the case, it is
found that minimal scientific approach or objective criteria were employed by
the tribunal at the time of awarding compensation. NGT-appointed experts blamed
Ravi Shankar Ji (Art of living) on the ground for destroying Yamuna
floodplains.
The compensation that NGT orders, helps in environmental restoration, and
enables us to study the scientific examination and analysis carried out by the
tribunal in determining the amount of compensation. The primary goal of a
tribunal is to protect the environment.
Green Crime – Statistical Analysis (NCRB)
|
YEAR
|
No. of cases (State / UT wise)
|
|
2016
|
4723
|
|
2017
|
42143
|
|
2018
|
35196
|
|
2019
|
34676
|
|
2020
|
61767
|
To conclude, after exploring the NCRB Report for six consecutive years it
is quite clear that the state of Tamil Nadu and Rajasthan faces the highest
environmental crime following other states of India.
Conclusion and suggestions
The theory of Green Criminology is a
reality. The theory is essential for every aspect of life. Green Criminology is
treated as a subheading under White–Collar Crime. According to Sutherland
(1949) “crime committed by a person of respectability and high social status in
the course of his occupation.” But unfortunately, he discovered a theory one
way round, keeping the concept of economic crime in focus. Therefore,
environmental jurisprudence lacks a proper definition overall. Planet Earth is
dependent upon its environment. The territory over the Earth is the survival
kit of a living being. So, those living beings must secure and preserve the
environment. They should recognize the fact that they are walking on a path to
strike down their existence. 184th Law Commission Report recommended
setting up of Environmental Courts in September 2003. The decision was taken up
due to the inadequacy of Judicial knowledge on the scientific or technical
aspects of environmental issues. The growth of environmental jurisprudence has
its root deep in the outcome of Public Interest Litigation (PIL). Sustainable
development goals, awareness programs, and the initiative to implement such
will set forth a better environment one day. Tribunals and quasi-judicial
bodies are entrenched these days to meet curtail the rate of Green Collar
Crime, but administration for execution fails every time. The administration is
very poor and too slow to investigate. As a result, new categories of
environmental crime are introduced.
Green Collar Crime is a burning issue
of recent times. To stabilize the situation and prohibit the occurrence of such
offenses some suggestions from my point of view:
·
It
is important to pen down a universal definition of the term “environmental or
Green – Collar Crime”.
·
Laws
are made to implement it practically. It is despairing that laws in India are
not duly implemented. The investigation machinery runs steadily. It is high
time to apply the law straight away.
·
Awareness
programs, campaigns, seminars, and conferences must be a crucial part of school
education so that a human being could spot the state of his environment since
childhood.
·
Impartial
judgments using monetary or political power should be barred strictly.
·
Expert
Committees as appointed by the National Green Tribunal (NGT) should work
passionately so that environment should not be labeled as Victim.
·
More
eco-crime courts are to be established both on national and international
platforms to start with speedy justice for environmental crime.
·
Unlike
any other chapter as stated in the Indian Penal Code there should be a separate
chapter remarkable on Environmental Crimes, and punishments are to be rigorous for
them committing Green – Collar crimes.
[1]
Student
[2] Merriam-Webster law Dictionary
Estd. 1828, https://www.merriawebster.com/legal/environmental%20crime.
[3] Angus Nurse, Green criminology:
shining a critical lens on environmental harm, DOI: 10.1057/s41599-017-0007-2,
PC journal, Pg – 1.
[6] David Rodríguez Goyes and Nigel
South, GREEN CRIMINOLOGY BEFORE ‘GREEN CRIMINOLOGY’:
AMNESIA
AND ABSENCES, , 25, Pg- 1 to 26, 2017.
[7] PIB Delhi, Cabinet approves
Ratification of seven Persistent Organic Pollutants listed under Stockholm
Convention and delegate its powers for future ratifications for streamlining
the procedure, 07 OCT 2020 4:33 PM, https://pib.gov.in/PressReleasePage.aspx?PRID=1662335#:~:text=India%20had%20ratified%20the%20Stockholm,approval%20or%20accession%20is%20explicitly.
[8] What is the United Nations
Framework Convention on Climate Change? https://unfccc.int/cop27.
[9]
https://cites.org/eng/disc/what.php
[10] Basel Convention, 20th
National Environment Agency, https://www.nea.gov.sg/corporate-functions/resources/legislation-international-law/multilateral-environmental-agreements/chemical-safety/basel-convention/main-provisions-of-the-basel-convention#:~:text=The%20overall%20goal%20of%20the,of%20hazardous%20and%20other%20wastes.
[11] Climate
Action, EU Action, https://climate.ec.europa.eu/eu-action/international-action-climate-change/climatenegotiations/pariagreement_en#:~:text=The%20Paris%20Agreement%20sets%20out,support%20them%20in%20their%20efforts.
[12]
Sristi Raichandani, 15 Lankmark Jugdments on environmental Protection,
Legaldesire.com, Sep 26, 2020, https://legaldesire.com/15-landmark-judgments-on-environmental-protection/.
[13] Dr. Arbab Mohammed Abdul Rub,
Judicial approach towards green-collar crimes in India in light of
environmental jurisprudence, Volume 7 Issue 5 – ISSN 2455 2437, JLSR, Pg- 143
to 163, September 2021.
[14] National Crime Record Bureau 2016 –
2018, 2018 - 2020 https://ncrb.gov.in/sites/default/files/crime_in_india_table_additional_table_chapter_reports/Table%2011.1_2.pdf,https://ncrb.gov.in/sites/default/files/crime_in_india_table_additional_table_chapter_reports/Table%2011.1_2.pdf.
Article Information
ENVIRONMENTAL JUSTICE THROUGH THE CRIMINOLOGICAL LENSES-INDIAN PERSPECTIVE
Authors: URBEE GHOSH
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/08/19
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.