Environmental Crimes And Their Implications In Indian Legal System (By : Amruta Bagal)

Environmental Crimes And Their Implications In Indian Legal System

Authored By : Amruta Bagal.
Dr. D. Y. Patil Law college, Navi Mumbai

Abstract

Environment is bliss to the human beings on the Earth….

This research paper focuses on crimes that are against environment with a close emphasis with law, it is meant to understand what law is has to be with environment, especially when there is damage caused to the environment because of uneven human activities, which are in the nature of self- harm. By this ourselves or bringing ourselves closer to extinction on earth, as we know that law is the command of sovereign, backed by a sanction. The constitutional aspects related to environment law, legal rights and penal provisions which deals with the environment issues are also explained in this research. This research paper will also try to analyze and compare the national crimes record bureau’s data with an answer to why there is a very low conviction rate in India or it is happening in all the other countries as well.
This research paper will focus on remedies to prevent environmental crimes.
 
Introduction : Environmental Crimes And Their Implications In Indian Legal Systems….

Since its inception in 1984, the Environmental Investigation Agency has been exposing environmental crimes around the globe and has sought greater political support for strong enforcement action against these crimes. Yet despite the fact that environment crime poses a growing threat, it remains a low priority for the international enforcement community. This report shows the scale and impacts of environmental crime and calls for strong political will to tackle it as a matter of urgency.
Environmental crimes can be broadly defined as illegal acts which directly harm the environment. They include illegal trade in wildlife; smuggling of ozone depleting substances(ODS); illicit trade in hazardous waste; illegal, unregulated, and unreported fishing; and illegal logging and the associated trade in stolen timber. Perceived as ‘victimless’ and low on the priority list, such crimes often fail to prompt the required response from governments and the enforcement community. In reality, the impacts affect all of society. For example, illegal logging contributes to deforestation.
Environmental crimes generates tens of billions of dollars in profits for criminal, and it is growing. The main reason behind this is formation of ‘Syndicates’ which have been diversifying their operations of new areas like counterfeiting and Environmental Crimes.

Environmental Laws In India

Environmental crimes i.e. the crimes manipulating environment inter-alia involves air pollution, water pollution, and the illegal transportation, storage, and disposal of hazardous waste, which causes most serious threat to public health and natural resources. One of such serious crimes is ‘poaching’ i.e. illegal wildlife trade. While data is easily available on pollution levels and emissions, statistics on crimes against the environment are harder to come by. So, in 2014, the National Crime Records Bureau (NCRB) compiled data on environment-related offences. Offences against the environment are registered under the
 following five laws a) Water (Prevention & Control of Pollution) Act, 1974 (as amended in 1988) b) Air (Prevention & Control of Pollution) Act, 1981 c) Environmental (Protection) Act, 1986 d) Wildlife Protection Act, 1972 e) Forest Act, 1927. Wildlife and forest crime has a serious role in threat finance to organized crime, and non-state armed groups including terrorist groups. International enforcement collaboration, such as the International Consortium on Combating Wildlife Crime (ICCWC), which includes CITES, UNODC, INTERPOL, the World Bank and WCO, together with increased collaboration amongst agencies, such as with UNEP, and with countries, has created a more effective structure to provide support to countries in the fields of policing, customs, prosecution and the judiciary. These initiatives have revealed important and significant early results. However, the scale and coordination of the efforts must be substantially increased and a widened effort implemented. They must be combined with efforts on good governance, management and consumer awareness to ensure a long-term demand reduction. In India Wildlife Crime Control Bureau has been formed in 2007, by amending the Wildlife (Protection) Act, 1972, a special Act to protect the wildlife in the country. The bureau would complement the efforts of the state governments, primary enforcers of the Wildlife (Protection) Act, 1972 and other enforcement agencies of the country. Since decades, environmental are taking place in India and this is need to be curbed to sustain the planet.
A Brief History Of Environmental Laws In India

In India, the concept of Environmental Preservation is as old as the nation itself. Since the beginning of our civilization men and women have constantly strived to protect and preserve the Mother Earth. This ancient tradition of environment preservation even reflects in our modern-day India. India is the member of almost all the convections, declarations, Conferences and protocols dedicated to the protections of Environment Law. Some of them are the Stockholm Declaration United Nation Environment Program, Rio Declaration, Kyoto Protocols, etc. Indian Judiciary and legislation is striving to build good legislation backed up by judicial precedent so that a strong foundation for Environment Law Jurisprudence could be constructed. International measures are accompanied by the efforts of national legislatures throughout the world consisting of enactment and remodeling of existing environmental laws. India has also enacted and constantly amended the existing environmental laws to suit the changing conditions.
Though there were several legislations related to Environment existed prior to the independence but it was only after the Stockholm’s declaration that India started the legislations related to environment such as National Council for Environment Policy and Planning was set up in 1972 within the Department of Science and Technology to establish a regulatory body to look after the environment related. This council later evolved into a full-fledged Ministry of Environment and Forests (MoEF). The parliament also passed the various legislation related to environment such as the water (prevention and control of pollution) act, 1981, and the wild life (protection) act, 1972 ETC. These acts enacted for a wider purpose of protecting and improving the human environment, a goal laid down by the Stockholm conference. Indian Judiciary has also played a very positive role in laying down the framework for the parliament to form policies and legislation related to safer and cleaner environment it is necessary to build a good legislation backed up by judicial precedents so that a strong foundation for the environment law can be constructed.
Environmental Policies In India….

There are different Environmental Policies in India which are been implemented in INDIA since decades:-
•    Environmental (Protection) Act - 1986 :-

Environment (Protection) Act, 1986 authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds. The Act covers all forms of pollution; air, water, soil and noise. It provides the safe standards for the presence of various pollutants in the environment. It prohibits the use of hazardous material unless prior permission is taken from the Central Government. The main objective of Environmental protection act is to protect and improve the environment and environmental conditions. To implement the decisions made at the UN Conference on Human Environment that was held in Stockholm in the year 1972. To take strict actions against all those who harm the environment.

•    National Forest Policy – 1988 :-

National Forest Policy, 1988 is an Act of the Parliament of India to revise the previously enacted National Forest Policy of 1952. The 1988 National Forest Policy strongly suggested the idea of empowering and involving local communities in the protection and development of forests. The principal aim of National Forest Policy, 1988 is to ensure environmental stability and maintenance of ecological balance including atmospheric equilibrium which are vital for sustenance of all life forms, human, animal and plant.
Strategies of National Forest Policy:-

?    Area under Forest.
?    Afforestation, Social Forestry and Farm Forestry, etc.

Different Types Of Environmental Crimes In India

1.    Water Pollution:-
Water pollution is the contamination of water bodies, usually as a result of human activities, so that it negatively affects its uses. Water bodies include lakes, rivers, oceans, aquifers, reservoirs and groundwater. Water pollution results when contaminants are introduced into these water bodies. Hazardous chemicals in water systems can also affect the animals and plants which live there.
2.    Noise Pollution :-
Noise pollution is an invisible danger. It cannot be seen, but it is present nonetheless, both on land and under the sea. Noise pollution is considered to be any unwanted or disturbing sound that affects the health and well-being of humans and other organisms. According to the National Park Service (NPS) in the United States, noise pollution has an enormous environmental impact and does serious damage to wildlife. Experts say noise pollution can interfere with breeding cycles and rearing and is even hastening the extinction of some species.
3.    Air Pollution :-
The growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation.

4.    Illegal trade of Wildlife :-
In India, it includes diverse products including mongoose hair; snake skins; Rhino horn; Tiger and Leopard claws, bones, skins, whiskers; Elephant tusks; deer antlers; shahtoosh shawl; turtle shells; musk pods; bear bile; medicinal plants; timber and caged birds such as parakeets, mynas, etc. For such thing various animals are being every year in large quantity and this is leading to extinction of wildlife species.
5.    Illegal logging :-
Illegal logging is the most lucrative environmental crime and one of the most profitable criminal activity alongside narcotics trafficking , etc. Illegal logging is the harvesting, transporting, processing, buying or selling of timber in violation of national laws. It also applies to harvesting wood from protected areas, exporting threatened plants, etc.
6.    Wetlands destruction :-
India has witnessed a rapid degradation of its wetlands. In the last three decades alone, nearly one-third of natural wetlands have been lost to urbanization, agriculture expansion and pollution. Other threats are the agricultural runoff with pesticides, construction of dams and barrages and dumping of garbage and domestic effluents (Singh R.V., 2000). An important aspect of these wetlands is that they provide livelihood to the local community living in and around them.

Various Indian Cases Related To Environmental Crimes

a)    Damodar Rao V. S. O. Municipal Corporation AIR 1987 AP 171:-

This case is based on the violation of the article 21(which is compared to the environment) which means “ No person shall be deprived of his right to life and personal liberty except accept according to procedure established by law.” As this law is based on the right of a man, but in this case it was referred to environment. It was stated in this case that “ The slow poisoning by the polluted atmosphere caused by environmental pollution and spoilation should be also regarded as amounting to violation of Article 21.” The Supreme Court has entertained environmental complaints alleging that the operations of limestone quarries in the Himalayan range of Mussoorie 

resulted in the degradation of the environment affecting ecological balance. The Supreme Court entertained environmental crimes related complaints under article 32 involving violation of Article 21, i.e., right to life. In this case of T. Damodar Rao Vs. The Special Municipal Corporation the Life Insurance Corporation of India and the Income Tax Department were taking steps to build house in the area earmarked as a recreational zone.1
b)    MC Mehta Vs Union of India. (Trapezium Case):-
Popularly known as Taj Trapezium Case, the petitioner M.C. Mehta presented his petition for the protection of Taj Mahal at Agra. His contention was that foundries, chemical/hazardous industries and refinery at Narora2, Mathura are the major sources which will damage the Taj. The Mathura refinery emits huge quantity of sulphur dioxide which when combined with oxygen in the presence of moisture in the form of rain known as “Acid Rain”. Acid rain has the ability to affect marble surface. The impact of refinery emission, brick kiln, vehicular traffic, etc. have polluted the air around Taj Trapezium. According to the petitioner, the white marble has become yellowish and at the places it has blackened and hence he made request to the Court that appropriate orders may be issued and immediate steps be taken to prevent air pollution and save the Taj. The judgement given in this case was in the side of the petitioner. Because after examining the reports, the court came to the conclusion that the 298 industries located and operating in Agra must change over within time schedule to natural gas as industrial fuel or stop functioning with coal/coke and get relocated. The industries which fail to apply for gas or relocation must stop functioning with coal/coke. The industries going to be shifted were given incentives and also the workmen employed in such industries were given compensation of the six years wages

c)    MC Mehta Vs Union of India. ( Ganga Pollution):-
M.C. Mehta V. Union of India, the Supreme Court ordered the closure of tanneries at Jajmau near Kanpur, polluting the Ganga. The matter was brought to the notice of the Court by the petitioner, a social worker, through a public interest litigation. The court said that notwithstanding the comprehensive provisions contained in the Water (Prevention and Control of Pollution) Act and the Environmental (Protection) Act, no effective steps have been taken by the Government to stop the grave public nuisance caused by the tanneries at Jajmau, Kanpur.

1. A.I.R. 1987 A.P. 171.
2. A.I R. 1997 S.C. 734.
 

In M.C. Mehta v. Union of India, the petitioner brought a public interest litigation against Ganga water pollution requiring the Court to issue appropriate directions for the prevention of Ganga water pollution. He claimed that although Parliament and the State legislatures have passed several laws imposing duties on the Central and State Boards constituted under the Water ( prevention and Control of Pollution) Act and the municipalities under the U.P. Nagar Mahapalika Adhiniyam3, they have just remained on paper and no proper action has been taken pursuant thereto. The Supreme Court gave the judgement that the nuisance caused by the pollution of the river Ganga is a public nuisance which is widespread and affecting the lives of large number of persons and therefore any particular person can take proceedings to stop it as distinct from the community at large. Accordingly, the Court directed the Kanpur Nagar Mahapalika to submit its proposals for effective prevention and control of water pollution within 6 months to the Board constituted under the Water Act.

d)    P.C. Cherian v. State of Kerala :-
It was case of two rubber industries named as Padinjarekkara Rubber Industries and Aswathy Rubber Industries and were located in Industrial Estate of Veroor and was licensed under the Kerala Panchayat Rules, 1963. These industries were producing black carbon in huge extents and were excessive letting it the atmosphere were was causing discomfort, nuisance and breathing problem to the people living nearby the industries. The case was filed against the two industries within the definition of ‘public nuisance' as defined in Section 268 of the I.P.C. as explained by the Supreme Court in Ratlam Municipality case. The judgement of the case was “ as to prevent the work and livelihood of thousands of workers working in these two industries, the Industries can restart their work but with safety measures like fitting gadgets which would prevent dissemination of carbon black into the atmosphere and it would be appropriate to install the gadgets in consultation of qualified experts in the field of environmental hygiene and to the satisfaction of the authorities concerned.

1.    M.C. Mehta v. Union of India, (1986) 2 S.C.C. 176 2. 1981 Ker L.T. 113.
 
Acts Against Environmental Crimes

1.    National Green Tribunal Act, 2010 :-
The National Green Tribunal Act, 2010 is an Act of the Parliament of India which enables the creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues. The Tribunal is tasked with providing effective and expeditious remedy in cases relating to environmental protection, conservation of forests and other natural resources and enforcement of any legal right relating to environment.
2.    The Air Act, 1981 :-
The Air (Prevention and Control of Pollution) Act, 1981 is an Act of the Parliament of India to control and prevent air pollution in India. The law was amended in 1987. This was the first attempt by the government of India to combat air pollution. The fundamental objective of the Air Act, 1981 is to provide clean air to the citizens and main objectives is that provides that the air pollution in any way be prevented and controlled. It also provides that air must be restored and maintained for future use.
3.    The Water Act, 1974 :-
The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for the prevention and control of water pollution, and for the maintaining or restoring of wholesomeness of water in the country. The Act was amended in 1988. The Water Act is enacted with the objective of prevention & control of pollution in India. The Act aims at the maintaining or restoring the wholesome nature of water for the establishment of Boards and to vest them with such powers so as to enable them to carry out the purposes of the Act.
4.    The Environmental Protection Act, 1986 :-
Environment Protection Act, 1986 is an Act of the Parliament of India. It was enacted in May 1986 and came into force on 19 November 1986. It has 26 sections and 4 chapters. The Act is widely considered to have been a response to the Bhopal gas leak. Subject to the provisions of this Act, the Central Government, shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution.

5.    The Wildlife Protection Act, 1972 :-
The Wild Life (Protection) Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Before 1972, India had only five designated national parks.
6.    Hazardous Wastes (management, handling and transboundary ) Rules, 2008 :- Hazardous Waste Management Rules are notified to ensure safe handling , generation, processing, treatment, package, storage, transportation, use reprocessing, collection, conversion, and offering for sale, destruction and disposal of Hazardous Waste.
7.    The Forest Conservation Act, 1980 :-
The Forest Act, 1980 an Act of the Parliament of India to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. It was further amended in 1988. This law extends to the whole of India.
8.    Biological Diversity Act, 2002 :-
The purpose of the Biodiversity Act is to realize equitable sharing of benefits arising out of the use of biological resources and associated knowledge. The main objectives of the Act are conservation, sustainable use and equitable benefit sharing out of the utilization of bio resources.
9.    Noise Pollution (regulation and control) Act, 2000 :-
The main objective of Noise Pollution is to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise; Some important compliance's under Noise Pollution (Regulation and Control) Rules, 2000.
Organizations In India Which Are Working Against Environmental Crimes

1.    CHINTAN Organization :-
Chintan was founded in 1999 by Bharti Chaturvedi to address the issues of sustainable consumption, environmental and social justice. They approach the community and the issue of waste picking in a non-judgmental manner – they do not denigrate the waste picker because of the nature of their work. Chintan reduces waste and consumption, manages solid and electronic waste and advocates around materials, waste and consumption. 

It uses waste as a tool to fight poverty, child labour gender based violence and exclusion and climate change, while creating green livelihoods.
2.    Help Delhi Breathe :-
Help Delhi Breathe is building a movement that puts the people of Delhi's frustrated communities out front and leading the way towards clean air. Winter in Delhi means the arrival of what some call the world's worst air pollution. It is a organization which is helping Delhi to tackle the most serious and concerned problem which is Air Pollution.
3.    The Wildlife Protection Society of India :-
The Wildlife Protection Society of India was founded in 1994 by Belinda Wright, its Executive Director, who was an award-winning wildlife photographer and filmmaker till she took up the cause of conservation. WPSI aims to bring new focus and energy to tackle the growing wildlife crisis in India. Our goal is to protect endangered species and their habitats through awareness, support, and training.
4.    NAVDANYA Organization :-
Navdanya is an Indian-based non-governmental organization which promotes biodiversity conservation, biodiversity, organic farming, the rights of farmers, and the process of seed saving.
5.    Environics Trust :-
Environics implies the study of the influence of the environment on human behaviour. mission at Environics Trust is to evolve innovative and evidence based solutions to the problems of community development that respond to the diversity and complexity of specific eco-systems and socio-political-cultural environments.

Suggestions

First and Foremost, the Laws should be made more strict against the Environmental Crimes because the environmental pollution is going to the extent and this has resulted into extinction of environment and also due to environment pollution global warming has became a serious concern. There are many criminal offences which are taking place nowadays and are resulting into environmental damages. Resourceful and adaptable criminal gangs are profiting from this particular brand of crime. The crimes like selling of trunks of animals, precious woods which are at the level of extension day-by-day, are been exported all around the World illegally. The Laws should be made more strictly to stop or curb this problem of Environmental Crime. To address a global challenge as formidable as environmental crime, an appropriate and commensurate response is required to reduce it to acceptable level, where it no longer threatens the security of communities and survival of the environmental species. To reduce the environmental crimes at all levels, the corruption should also be reduced completely. The government should charge large penalty or should give strict punishment to those who damages or attempt to damage the environment. In order to redress the balance, the government should accept that environmental crime requires a Substantial, Committed and Sustained response – and Act immediately before it is too late.
 

Conclusion

The law related to environment has evolved significantly in last couple of decades as various international and national efforts and through social activism with strategic environmental initiatives. But despites these efforts the crimes related to environment is still not in control and according to the reports it’s the 4th largest area of crimes in the world. The situation is much serious than it is being taken.
In India, the cases related to pollution and other environment related problems are seen as an offense, but the initiative is not been taken to curb this crimes and to sustain the environment.
The laws are been made in India against such crimes, but they are not still implemented all over the country. Still the illegal practices are been taken place. The system need to be changed and laws against the environmental crimes should be made much stronger. It is the requirement of the time to criminalize the offences which harm the environment as it affects not just a group of people but humanity at large the governments need to realize the importance of a safe and clean environment for the citizens and whoever pollutes the purity of the nature needs to be behind the bars. India Judiciary although has played a very vital role in laying down the framework for the environmental legislation.

Environmental Crimes And Their Implications In Indian Legal System

Authored By : Amruta Bagal.
Dr. D. Y. Patil Law college, Navi Mumbai

Abstract

Environment is bliss to the human beings on the Earth….

This research paper focuses on crimes that are against environment with a close emphasis with law, it is meant to understand what law is has to be with environment, especially when there is damage caused to the environment because of uneven human activities, which are in the nature of self- harm. By this ourselves or bringing ourselves closer to extinction on earth, as we know that law is the command of sovereign, backed by a sanction. The constitutional aspects related to environment law, legal rights and penal provisions which deals with the environment issues are also explained in this research. This research paper will also try to analyze and compare the national crimes record bureau’s data with an answer to why there is a very low conviction rate in India or it is happening in all the other countries as well.
This research paper will focus on remedies to prevent environmental crimes.
 
Introduction : Environmental Crimes And Their Implications In Indian Legal Systems….

Since its inception in 1984, the Environmental Investigation Agency has been exposing environmental crimes around the globe and has sought greater political support for strong enforcement action against these crimes. Yet despite the fact that environment crime poses a growing threat, it remains a low priority for the international enforcement community. This report shows the scale and impacts of environmental crime and calls for strong political will to tackle it as a matter of urgency.
Environmental crimes can be broadly defined as illegal acts which directly harm the environment. They include illegal trade in wildlife; smuggling of ozone depleting substances(ODS); illicit trade in hazardous waste; illegal, unregulated, and unreported fishing; and illegal logging and the associated trade in stolen timber. Perceived as ‘victimless’ and low on the priority list, such crimes often fail to prompt the required response from governments and the enforcement community. In reality, the impacts affect all of society. For example, illegal logging contributes to deforestation.
Environmental crimes generates tens of billions of dollars in profits for criminal, and it is growing. The main reason behind this is formation of ‘Syndicates’ which have been diversifying their operations of new areas like counterfeiting and Environmental Crimes.

Environmental Laws In India

Environmental crimes i.e. the crimes manipulating environment inter-alia involves air pollution, water pollution, and the illegal transportation, storage, and disposal of hazardous waste, which causes most serious threat to public health and natural resources. One of such serious crimes is ‘poaching’ i.e. illegal wildlife trade. While data is easily available on pollution levels and emissions, statistics on crimes against the environment are harder to come by. So, in 2014, the National Crime Records Bureau (NCRB) compiled data on environment-related offences. Offences against the environment are registered under the
 following five laws a) Water (Prevention & Control of Pollution) Act, 1974 (as amended in 1988) b) Air (Prevention & Control of Pollution) Act, 1981 c) Environmental (Protection) Act, 1986 d) Wildlife Protection Act, 1972 e) Forest Act, 1927. Wildlife and forest crime has a serious role in threat finance to organized crime, and non-state armed groups including terrorist groups. International enforcement collaboration, such as the International Consortium on Combating Wildlife Crime (ICCWC), which includes CITES, UNODC, INTERPOL, the World Bank and WCO, together with increased collaboration amongst agencies, such as with UNEP, and with countries, has created a more effective structure to provide support to countries in the fields of policing, customs, prosecution and the judiciary. These initiatives have revealed important and significant early results. However, the scale and coordination of the efforts must be substantially increased and a widened effort implemented. They must be combined with efforts on good governance, management and consumer awareness to ensure a long-term demand reduction. In India Wildlife Crime Control Bureau has been formed in 2007, by amending the Wildlife (Protection) Act, 1972, a special Act to protect the wildlife in the country. The bureau would complement the efforts of the state governments, primary enforcers of the Wildlife (Protection) Act, 1972 and other enforcement agencies of the country. Since decades, environmental are taking place in India and this is need to be curbed to sustain the planet.
A Brief History Of Environmental Laws In India

In India, the concept of Environmental Preservation is as old as the nation itself. Since the beginning of our civilization men and women have constantly strived to protect and preserve the Mother Earth. This ancient tradition of environment preservation even reflects in our modern-day India. India is the member of almost all the convections, declarations, Conferences and protocols dedicated to the protections of Environment Law. Some of them are the Stockholm Declaration United Nation Environment Program, Rio Declaration, Kyoto Protocols, etc. Indian Judiciary and legislation is striving to build good legislation backed up by judicial precedent so that a strong foundation for Environment Law Jurisprudence could be constructed. International measures are accompanied by the efforts of national legislatures throughout the world consisting of enactment and remodeling of existing environmental laws. India has also enacted and constantly amended the existing environmental laws to suit the changing conditions.
Though there were several legislations related to Environment existed prior to the independence but it was only after the Stockholm’s declaration that India started the legislations related to environment such as National Council for Environment Policy and Planning was set up in 1972 within the Department of Science and Technology to establish a regulatory body to look after the environment related. This council later evolved into a full-fledged Ministry of Environment and Forests (MoEF). The parliament also passed the various legislation related to environment such as the water (prevention and control of pollution) act, 1981, and the wild life (protection) act, 1972 ETC. These acts enacted for a wider purpose of protecting and improving the human environment, a goal laid down by the Stockholm conference. Indian Judiciary has also played a very positive role in laying down the framework for the parliament to form policies and legislation related to safer and cleaner environment it is necessary to build a good legislation backed up by judicial precedents so that a strong foundation for the environment law can be constructed.
Environmental Policies In India….

There are different Environmental Policies in India which are been implemented in INDIA since decades:-
•    Environmental (Protection) Act - 1986 :-

Environment (Protection) Act, 1986 authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds. The Act covers all forms of pollution; air, water, soil and noise. It provides the safe standards for the presence of various pollutants in the environment. It prohibits the use of hazardous material unless prior permission is taken from the Central Government. The main objective of Environmental protection act is to protect and improve the environment and environmental conditions. To implement the decisions made at the UN Conference on Human Environment that was held in Stockholm in the year 1972. To take strict actions against all those who harm the environment.

•    National Forest Policy – 1988 :-

National Forest Policy, 1988 is an Act of the Parliament of India to revise the previously enacted National Forest Policy of 1952. The 1988 National Forest Policy strongly suggested the idea of empowering and involving local communities in the protection and development of forests. The principal aim of National Forest Policy, 1988 is to ensure environmental stability and maintenance of ecological balance including atmospheric equilibrium which are vital for sustenance of all life forms, human, animal and plant.
Strategies of National Forest Policy:-

?    Area under Forest.
?    Afforestation, Social Forestry and Farm Forestry, etc.

Different Types Of Environmental Crimes In India

1.    Water Pollution:-
Water pollution is the contamination of water bodies, usually as a result of human activities, so that it negatively affects its uses. Water bodies include lakes, rivers, oceans, aquifers, reservoirs and groundwater. Water pollution results when contaminants are introduced into these water bodies. Hazardous chemicals in water systems can also affect the animals and plants which live there.
2.    Noise Pollution :-
Noise pollution is an invisible danger. It cannot be seen, but it is present nonetheless, both on land and under the sea. Noise pollution is considered to be any unwanted or disturbing sound that affects the health and well-being of humans and other organisms. According to the National Park Service (NPS) in the United States, noise pollution has an enormous environmental impact and does serious damage to wildlife. Experts say noise pollution can interfere with breeding cycles and rearing and is even hastening the extinction of some species.
3.    Air Pollution :-
The growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation.

4.    Illegal trade of Wildlife :-
In India, it includes diverse products including mongoose hair; snake skins; Rhino horn; Tiger and Leopard claws, bones, skins, whiskers; Elephant tusks; deer antlers; shahtoosh shawl; turtle shells; musk pods; bear bile; medicinal plants; timber and caged birds such as parakeets, mynas, etc. For such thing various animals are being every year in large quantity and this is leading to extinction of wildlife species.
5.    Illegal logging :-
Illegal logging is the most lucrative environmental crime and one of the most profitable criminal activity alongside narcotics trafficking , etc. Illegal logging is the harvesting, transporting, processing, buying or selling of timber in violation of national laws. It also applies to harvesting wood from protected areas, exporting threatened plants, etc.
6.    Wetlands destruction :-
India has witnessed a rapid degradation of its wetlands. In the last three decades alone, nearly one-third of natural wetlands have been lost to urbanization, agriculture expansion and pollution. Other threats are the agricultural runoff with pesticides, construction of dams and barrages and dumping of garbage and domestic effluents (Singh R.V., 2000). An important aspect of these wetlands is that they provide livelihood to the local community living in and around them.

Various Indian Cases Related To Environmental Crimes

a)    Damodar Rao V. S. O. Municipal Corporation AIR 1987 AP 171:-

This case is based on the violation of the article 21(which is compared to the environment) which means “ No person shall be deprived of his right to life and personal liberty except accept according to procedure established by law.” As this law is based on the right of a man, but in this case it was referred to environment. It was stated in this case that “ The slow poisoning by the polluted atmosphere caused by environmental pollution and spoilation should be also regarded as amounting to violation of Article 21.” The Supreme Court has entertained environmental complaints alleging that the operations of limestone quarries in the Himalayan range of Mussoorie 

resulted in the degradation of the environment affecting ecological balance. The Supreme Court entertained environmental crimes related complaints under article 32 involving violation of Article 21, i.e., right to life. In this case of T. Damodar Rao Vs. The Special Municipal Corporation the Life Insurance Corporation of India and the Income Tax Department were taking steps to build house in the area earmarked as a recreational zone.1
b)    MC Mehta Vs Union of India. (Trapezium Case):-
Popularly known as Taj Trapezium Case, the petitioner M.C. Mehta presented his petition for the protection of Taj Mahal at Agra. His contention was that foundries, chemical/hazardous industries and refinery at Narora2, Mathura are the major sources which will damage the Taj. The Mathura refinery emits huge quantity of sulphur dioxide which when combined with oxygen in the presence of moisture in the form of rain known as “Acid Rain”. Acid rain has the ability to affect marble surface. The impact of refinery emission, brick kiln, vehicular traffic, etc. have polluted the air around Taj Trapezium. According to the petitioner, the white marble has become yellowish and at the places it has blackened and hence he made request to the Court that appropriate orders may be issued and immediate steps be taken to prevent air pollution and save the Taj. The judgement given in this case was in the side of the petitioner. Because after examining the reports, the court came to the conclusion that the 298 industries located and operating in Agra must change over within time schedule to natural gas as industrial fuel or stop functioning with coal/coke and get relocated. The industries which fail to apply for gas or relocation must stop functioning with coal/coke. The industries going to be shifted were given incentives and also the workmen employed in such industries were given compensation of the six years wages

c)    MC Mehta Vs Union of India. ( Ganga Pollution):-
M.C. Mehta V. Union of India, the Supreme Court ordered the closure of tanneries at Jajmau near Kanpur, polluting the Ganga. The matter was brought to the notice of the Court by the petitioner, a social worker, through a public interest litigation. The court said that notwithstanding the comprehensive provisions contained in the Water (Prevention and Control of Pollution) Act and the Environmental (Protection) Act, no effective steps have been taken by the Government to stop the grave public nuisance caused by the tanneries at Jajmau, Kanpur.

1. A.I.R. 1987 A.P. 171.
2. A.I R. 1997 S.C. 734.
 

In M.C. Mehta v. Union of India, the petitioner brought a public interest litigation against Ganga water pollution requiring the Court to issue appropriate directions for the prevention of Ganga water pollution. He claimed that although Parliament and the State legislatures have passed several laws imposing duties on the Central and State Boards constituted under the Water ( prevention and Control of Pollution) Act and the municipalities under the U.P. Nagar Mahapalika Adhiniyam3, they have just remained on paper and no proper action has been taken pursuant thereto. The Supreme Court gave the judgement that the nuisance caused by the pollution of the river Ganga is a public nuisance which is widespread and affecting the lives of large number of persons and therefore any particular person can take proceedings to stop it as distinct from the community at large. Accordingly, the Court directed the Kanpur Nagar Mahapalika to submit its proposals for effective prevention and control of water pollution within 6 months to the Board constituted under the Water Act.

d)    P.C. Cherian v. State of Kerala :-
It was case of two rubber industries named as Padinjarekkara Rubber Industries and Aswathy Rubber Industries and were located in Industrial Estate of Veroor and was licensed under the Kerala Panchayat Rules, 1963. These industries were producing black carbon in huge extents and were excessive letting it the atmosphere were was causing discomfort, nuisance and breathing problem to the people living nearby the industries. The case was filed against the two industries within the definition of ‘public nuisance' as defined in Section 268 of the I.P.C. as explained by the Supreme Court in Ratlam Municipality case. The judgement of the case was “ as to prevent the work and livelihood of thousands of workers working in these two industries, the Industries can restart their work but with safety measures like fitting gadgets which would prevent dissemination of carbon black into the atmosphere and it would be appropriate to install the gadgets in consultation of qualified experts in the field of environmental hygiene and to the satisfaction of the authorities concerned.

1.    M.C. Mehta v. Union of India, (1986) 2 S.C.C. 176 2. 1981 Ker L.T. 113.
 
Acts Against Environmental Crimes

1.    National Green Tribunal Act, 2010 :-
The National Green Tribunal Act, 2010 is an Act of the Parliament of India which enables the creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues. The Tribunal is tasked with providing effective and expeditious remedy in cases relating to environmental protection, conservation of forests and other natural resources and enforcement of any legal right relating to environment.
2.    The Air Act, 1981 :-
The Air (Prevention and Control of Pollution) Act, 1981 is an Act of the Parliament of India to control and prevent air pollution in India. The law was amended in 1987. This was the first attempt by the government of India to combat air pollution. The fundamental objective of the Air Act, 1981 is to provide clean air to the citizens and main objectives is that provides that the air pollution in any way be prevented and controlled. It also provides that air must be restored and maintained for future use.
3.    The Water Act, 1974 :-
The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for the prevention and control of water pollution, and for the maintaining or restoring of wholesomeness of water in the country. The Act was amended in 1988. The Water Act is enacted with the objective of prevention & control of pollution in India. The Act aims at the maintaining or restoring the wholesome nature of water for the establishment of Boards and to vest them with such powers so as to enable them to carry out the purposes of the Act.
4.    The Environmental Protection Act, 1986 :-
Environment Protection Act, 1986 is an Act of the Parliament of India. It was enacted in May 1986 and came into force on 19 November 1986. It has 26 sections and 4 chapters. The Act is widely considered to have been a response to the Bhopal gas leak. Subject to the provisions of this Act, the Central Government, shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution.

5.    The Wildlife Protection Act, 1972 :-
The Wild Life (Protection) Act, 1972 is an Act of the Parliament of India enacted for protection of plants and animal species. Before 1972, India had only five designated national parks.
6.    Hazardous Wastes (management, handling and transboundary ) Rules, 2008 :- Hazardous Waste Management Rules are notified to ensure safe handling , generation, processing, treatment, package, storage, transportation, use reprocessing, collection, conversion, and offering for sale, destruction and disposal of Hazardous Waste.
7.    The Forest Conservation Act, 1980 :-
The Forest Act, 1980 an Act of the Parliament of India to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. It was further amended in 1988. This law extends to the whole of India.
8.    Biological Diversity Act, 2002 :-
The purpose of the Biodiversity Act is to realize equitable sharing of benefits arising out of the use of biological resources and associated knowledge. The main objectives of the Act are conservation, sustainable use and equitable benefit sharing out of the utilization of bio resources.
9.    Noise Pollution (regulation and control) Act, 2000 :-
The main objective of Noise Pollution is to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise; Some important compliance's under Noise Pollution (Regulation and Control) Rules, 2000.
Organizations In India Which Are Working Against Environmental Crimes

1.    CHINTAN Organization :-
Chintan was founded in 1999 by Bharti Chaturvedi to address the issues of sustainable consumption, environmental and social justice. They approach the community and the issue of waste picking in a non-judgmental manner – they do not denigrate the waste picker because of the nature of their work. Chintan reduces waste and consumption, manages solid and electronic waste and advocates around materials, waste and consumption. 

It uses waste as a tool to fight poverty, child labour gender based violence and exclusion and climate change, while creating green livelihoods.
2.    Help Delhi Breathe :-
Help Delhi Breathe is building a movement that puts the people of Delhi's frustrated communities out front and leading the way towards clean air. Winter in Delhi means the arrival of what some call the world's worst air pollution. It is a organization which is helping Delhi to tackle the most serious and concerned problem which is Air Pollution.
3.    The Wildlife Protection Society of India :-
The Wildlife Protection Society of India was founded in 1994 by Belinda Wright, its Executive Director, who was an award-winning wildlife photographer and filmmaker till she took up the cause of conservation. WPSI aims to bring new focus and energy to tackle the growing wildlife crisis in India. Our goal is to protect endangered species and their habitats through awareness, support, and training.
4.    NAVDANYA Organization :-
Navdanya is an Indian-based non-governmental organization which promotes biodiversity conservation, biodiversity, organic farming, the rights of farmers, and the process of seed saving.
5.    Environics Trust :-
Environics implies the study of the influence of the environment on human behaviour. mission at Environics Trust is to evolve innovative and evidence based solutions to the problems of community development that respond to the diversity and complexity of specific eco-systems and socio-political-cultural environments.

Suggestions

First and Foremost, the Laws should be made more strict against the Environmental Crimes because the environmental pollution is going to the extent and this has resulted into extinction of environment and also due to environment pollution global warming has became a serious concern. There are many criminal offences which are taking place nowadays and are resulting into environmental damages. Resourceful and adaptable criminal gangs are profiting from this particular brand of crime. The crimes like selling of trunks of animals, precious woods which are at the level of extension day-by-day, are been exported all around the World illegally. The Laws should be made more strictly to stop or curb this problem of Environmental Crime. To address a global challenge as formidable as environmental crime, an appropriate and commensurate response is required to reduce it to acceptable level, where it no longer threatens the security of communities and survival of the environmental species. To reduce the environmental crimes at all levels, the corruption should also be reduced completely. The government should charge large penalty or should give strict punishment to those who damages or attempt to damage the environment. In order to redress the balance, the government should accept that environmental crime requires a Substantial, Committed and Sustained response – and Act immediately before it is too late.
 

Conclusion

The law related to environment has evolved significantly in last couple of decades as various international and national efforts and through social activism with strategic environmental initiatives. But despites these efforts the crimes related to environment is still not in control and according to the reports it’s the 4th largest area of crimes in the world. The situation is much serious than it is being taken.
In India, the cases related to pollution and other environment related problems are seen as an offense, but the initiative is not been taken to curb this crimes and to sustain the environment.
The laws are been made in India against such crimes, but they are not still implemented all over the country. Still the illegal practices are been taken place. The system need to be changed and laws against the environmental crimes should be made much stronger. It is the requirement of the time to criminalize the offences which harm the environment as it affects not just a group of people but humanity at large the governments need to realize the importance of a safe and clean environment for the citizens and whoever pollutes the purity of the nature needs to be behind the bars. India Judiciary although has played a very vital role in laying down the framework for the environmental legislation.