Environmental Crimes In India
Environmental Crimes in India: Overview
Environmental crimes refer to acts that violate environmental laws or regulations, leading to harm to the environment, public health, or wildlife. These include illegal pollution, deforestation, wildlife trafficking, hazardous waste dumping, and violation of environmental clearances.
Legal Framework
Key laws governing environmental crimes in India include:
The Environment (Protection) Act, 1986
The Air (Prevention and Control of Pollution) Act, 1981
The Water (Prevention and Control of Pollution) Act, 1974
The Wildlife Protection Act, 1972
The Forest Conservation Act, 1980
The Public Liability Insurance Act, 1991
Penalties vary from fines to imprisonment depending on the severity of the crime.
Important Case Laws on Environmental Crimes in India
1. M.C. Mehta v. Union of India (Taj Trapezium Case), AIR 1997 SC 734
Facts: The Supreme Court took suo motu cognizance of pollution threatening the Taj Mahal caused by nearby factories emitting pollutants.
Judgment: The Court ordered strict regulation of industrial emissions in the area, including relocation or closure of polluting industries.
Significance: Landmark case enforcing the Precautionary Principle and Polluter Pays Principle. It set a precedent for environmental protection in ecologically sensitive zones.
2. Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
Facts: Tanneries in Vellore discharged untreated effluents into water bodies, polluting the environment.
Judgment: The Supreme Court applied the Precautionary Principle and Polluter Pays Principle, holding industries liable for damages.
Significance: The case established these principles as part of Indian environmental jurisprudence and reinforced accountability for pollution.
3. T.N. Godavarman Thirumulpad v. Union of India, AIR 1997 SC 1228
Facts: The case dealt with rampant deforestation and illegal logging in forests.
Judgment: The Court issued numerous directions to protect forests, including banning timber felling and promoting afforestation.
Significance: It led to stricter enforcement of the Forest Conservation Act and recognized forests as a vital part of environmental protection.
4. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
Facts: Hazardous waste dumping by chemical industries in Bichhri village caused severe environmental damage.
Judgment: The Court ordered compensation for affected villagers and stressed the Polluter Pays Principle.
Significance: Strengthened liability of industries for hazardous waste management and environmental damage.
5. Almitra H. Patel v. Union of India, AIR 1992 SC 382
Facts: The Court considered the problem of air pollution caused by burning refuse and garbage in Mumbai.
Judgment: Directed authorities to take steps to control air pollution and regulate waste disposal.
Significance: Emphasized government's responsibility to control air pollution and enforce environmental laws.
6. Rural Litigation and Entitlement Kendra v. State of U.P., AIR 1985 SC 652
Facts: Illegal limestone mining causing environmental degradation in the Doon Valley.
Judgment: Mining operations were banned to protect the fragile ecosystem.
Significance: Early case recognizing environmental protection as part of sustainable development.
Key Principles in Environmental Crime Jurisprudence
| Principle | Explanation |
|---|---|
| Precautionary Principle | Preventive action must be taken even if full scientific certainty is lacking. |
| Polluter Pays Principle | Polluters bear the cost of environmental damage. |
| Sustainable Development | Development should meet present needs without compromising future generations. |
| Public Trust Doctrine | Natural resources are held in trust by the government for public benefit. |
Summary
Indian courts have actively used public interest litigation (PIL) to address environmental crimes.
Principles like Precautionary Principle and Polluter Pays Principle are now well entrenched.
Environmental crimes include pollution, illegal logging, hazardous waste disposal, and wildlife crimes.
The judiciary has imposed strict penalties, including fines, closure of polluting units, and compensation to victims.
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