Environmental Crimes Under New Laws
✅ What Are Environmental Crimes?
Environmental crimes refer to illegal acts that directly harm the environment. These include:
Illegal deforestation
Industrial pollution (air, water, and land)
Illegal mining
Wildlife trafficking
Hazardous waste dumping
Violation of environmental norms and clearances
✅ Key New & Revised Legal Provisions:
In recent years, India has introduced updates to strengthen its environmental governance:
🔹 1. Environment (Protection) Act, 1986 (EPA) – Updated Rules:
Central law to regulate air, water, and land pollution.
New rules include:
Extended Producer Responsibility (EPR)
Hazardous Waste (Management and Transboundary Movement) Rules
Stricter penalties and timelines.
🔹 2. Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974
Revisions empower Pollution Control Boards to take direct action, impose spot fines.
🔹 3. Wildlife (Protection) Amendment Act, 2022
Introduced new species protections and increased punishments for poaching and illegal trade.
🔹 4. Forest Conservation (Amendment) Act, 2023
Redefined forest land use, impacting large-scale development projects.
🔹 5. New Criminal Law Provisions (Under Bharatiya Nyaya Sanhita, 2023) (replacing IPC)
Environmental harm causing danger to life or health is now addressed with clearer language under public safety and nuisance provisions.
📚 Detailed Case Law on Environmental Crimes (6 Key Cases)
⚖️ 1. M.C. Mehta v. Union of India (Oleum Gas Leak Case) – AIR 1987 SC 965
Facts:
A gas leak from Shriram Food and Fertilizer factory in Delhi caused severe health issues.
Legal Issue:
Whether strict liability should be applied for industrial environmental hazards.
Held:
The Supreme Court introduced the “absolute liability” doctrine for hazardous industries — they are liable without exceptions for environmental harm.
Significance:
Laid the foundation for holding polluting industries strictly accountable under environmental laws.
⚖️ 2. Indian Council for Enviro-Legal Action v. Union of India – AIR 1996 SC 1446
Facts:
Chemical industries in Rajasthan released toxic waste, contaminating water bodies and land.
Legal Issue:
Applicability of the Polluter Pays Principle.
Held:
The Court held industries liable and ordered them to pay for environmental restoration. Introduced and enforced Polluter Pays as a binding principle.
Significance:
Established compensation and cleanup responsibility on polluters — now embedded in the EPA framework.
⚖️ 3. Vellore Citizens’ Welfare Forum v. Union of India – AIR 1996 SC 2715
Facts:
Tanneries in Tamil Nadu were discharging untreated effluents into water bodies.
Legal Issue:
Balancing economic development with environmental protection.
Held:
The Court introduced the principle of sustainable development, along with precautionary principle and intergenerational equity.
Significance:
Influenced future legal reforms and included principles that now guide environmental clearances and EIA (Environmental Impact Assessments).
⚖️ 4. Goa Foundation v. Union of India (2014 Mining Case)
Facts:
Illegal mining activities in Goa led to massive environmental degradation.
Legal Issue:
Validity of mining leases and ecological damage caused.
Held:
Supreme Court cancelled over 88 mining leases. Declared all mining post-2007 illegal due to non-compliance with environmental regulations.
Significance:
Strengthened enforcement of the Forest Conservation Act and Environmental Clearance norms. Influenced new laws for mining and forest protection.
⚖️ 5. T.N. Godavarman Thirumulpad v. Union of India (Forest Case Series, Ongoing Since 1995)
Facts:
Misuse and encroachment on forest lands across India.
Legal Issue:
Definition and protection of forest land.
Held:
Court interpreted "forest" to include areas as per dictionary meaning, not just those officially notified. Directed extensive afforestation and regulation.
Significance:
Laid the groundwork for the Forest Conservation (Amendment) Act, 2023, which now redefines how forests are identified and used.
⚖️ 6. Re: Air Pollution in Delhi NCR – M.C. Mehta Series (2016–Present)
Facts:
Severe air pollution in Delhi NCR due to vehicular emissions, stubble burning, and industrial activity.
Legal Issue:
Enforcement of air pollution norms and state accountability.
Held:
Court ordered:
Ban on firecrackers
Phasing out of diesel vehicles
Closure of polluting industries
Formation of the Commission for Air Quality Management (CAQM)
Significance:
Prompted new policies on air quality, crop burning management, and direct interventions using updated Air Act provisions.
🔍 Summary Table: Legal Principles from Case Law
| Case Name | Key Legal Principle Introduced |
|---|---|
| M.C. Mehta (Oleum Gas) | Absolute Liability for hazardous industries |
| Indian Council for Enviro-Legal Action | Polluter Pays Principle |
| Vellore Citizens’ Forum | Sustainable Development & Precautionary Principle |
| Goa Foundation (Mining) | Illegal mining scrutiny and EC compliance |
| Godavarman (Forest Protection) | Broad interpretation of 'forest'; conservation duty |
| M.C. Mehta (Air Pollution in NCR) | Court-driven policy changes in air regulation |
🔚 Conclusion: Current Trends & Enforcement
Enforcement mechanisms have become stricter with real-time monitoring of pollution (e.g. CEMS in industries).
Courts have started holding government departments accountable for non-implementation.
Environmental Compensation mechanisms introduced under new EIA notifications and CPCB guidelines.
Criminal liability can be invoked under EPA and BNS for willful violations causing environmental harm.
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