Analysis of Environment Related Offences. By Gunjan Bhagchandani, Faculty of Law, Lucknow University

Author: Gunjan Bhagchandani, 7^th  Semester,  Faculty of Law, Lucknow University

“We are blessed with the best gift of God known as NATURE.”

The natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species. Climate, weather, and natural resources that affect human survival and economic activity. Due to the increase in human greed, people are exploiting the natural resources and there is no sustainable development in the environment.

Environmental crime is an illegal act which directly harms the environment. International bodies such as the G8, Interpol, European Union, United Nations Environment Programme and the United Nations Interregional Crime and Justice Research Institute have recognised the following environmental crimes:

• Illegal wildlife tradein endangered species in contravention to the Convention on International Trade in Endangered Species of Fauna and Flora (CITES);
• Smuggling of ozone-depleting substances(ODS) in contravention to the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer;
• Dumping and illicit trade in hazardous wastein contravention of the 1989 Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Other Wastes and their Disposal;
• Illegal, unreported and unregulated fishingin contravention to controls imposed by various regional fisheries managementorganisations;
• Illegal loggingand the associated trade in stolen timber in violation of national laws.

These crimes are liable for prosecution. Interpol facilitates international police cooperation and assists its member countries in the effective enforcement of national and international environmental laws and treaties. Interpol began fighting environmental crime in 1992.

Environmental law – or “environmental and natural resources law” – is a collective term describing the network of treaties, statutes, regulations, and common and customary laws addressing the effects of human activity on the natural environment.

Human being are dependent on their environment, as are all other organisms. Any change in the environment even in distant parts of the planet affects living things and their environment elsewhere. All organisms are dependent on each other in many ways. Destruction of one organism in the environment can lead to the destruction of other organisms. Thus, it is imperative to conserve the country’s forests, protect wildlife and prevent & control water & air pollution.

In this context, the Bureau has brought out the chapter 22 exclusively on environment related offences to study and analyze the pattern of such offences   Patterns of cases reported under environment related offences. A total of 5,835 cases were reported under environment related offences during 2014. Maximum cases of environment related offences were reported in Rajasthan (2,927 out of 5,835 cases) accounting for 50.2% of total such cases followed by Uttar Pradesh (27.4%) (1,597 cases), Karnataka (4.3%) (249 cases), Himachal Pradesh (2.6%) (150 cases), Jharkhand (2.5%) (148 cases), Maharashtra (2.3%) (136 cases) and Andhra Pradesh (2.0%) (117 cases).  

RANK OF STATE IN CAUSING ENVIRONMENTAL CRIME	NAME OF STATE	CASES ENROLLED
1	Rajasthan	2927
2	Uttar Pradesh	1597
3	Karnataka	249
4	Himachal Pradesh	150
5	Jharkhand	148
6	Maharashtra	136
7	Andhra Pradesh	117

 

Out of 5,835 cases reported under environment related offences, 4,901 cases were reported under the Forest Act, representing 84.0% of total such cases followed by the Wildlife Protection Act (770 cases), Environment (Protection) Act (101 cases), the Air (Prevention & Control of Pollution) Act (48 cases) and the Water (Prevention & Control of Pollution) Act (15 cases).

Majority of cases registered under the Forest Act and Wildlife Protection Act were in Rajasthan with 2,666 cases and 219 cases respectively followed by Uttar Pradesh with 1,442 cases and 149 cases respectively during 2014.   Chart-22(A): Distribution of various offences under environment related offences during 2104, Maharashtra (41 cases) and Rajasthan (35 cases) have reported maximum registration of cases under the Environment (Protection) Act, these two States together accounted for 75.2% of total such cases in the country. West Bengal has reported maximum cases under the Air (Prevention & Control of Pollution) Act and Water (Prevention & Control of Pollution) Act by registering 24 cases and 10 cases respectively during 2014.

A total of 8,684 persons, comprising of 8,666 male and 18 female, were arrested under total environment related offences. Most of such arrests were made in Rajasthan (3,320 persons) and Uttar Pradesh (3,281 persons). A total of 7,038 persons, 1,349 persons, 134 persons, 125 persons and 38 persons were arrested under the Forest Act, the Wildlife Protection Act, Environment (Protection) Act, the Air (Prevention & Control of Pollution) Act and the Water (Prevention & Control of Pollution) Act respectively during 2014.

More than half of the country’s total environment-related offences last year were reported in Rajasthan, reveals the data recently released by National Crime Records Bureau (NCRB). Of the 4,901 cases registered under the Forest Act in the country in 2014, 2,666 cases were registered only in Rajasthan. Mining and cattle grazing in protected forest areas are some of the most prevalent offences reported in the state under the Forest Act.
Apart from Maharashtra and Jharkhand, Rajasthan is the only state where cases under Air and Control of Pollution Act were registered. Thirteen cases were registered in Maharashtra, seven in Rajasthan and four in Jharkhand.
A total of 219 cases were registered under the Wildlife Protection Act in Rajasthan of the total 770 cases reported across the country.

Activists believe registration of such a high number of environment-related cases is the result of the %government’s pathetic attitude towards environment protection. They allege wildlife has become a tool of making money for hoteliers and other influential people in the tourism lobby.

“The entire focus in Rajasthan is on tigers. They too are becoming a tool for commercialization of wildlife. Nobody is paying attention to other wildlife offences like poaching of peacocks and deer,” said Anil Bishnoi, an activist.

Almost 10 peacocks are being poached every day in the state. Activists say it is alarming that poachers get away easily after killing protected animals.
The NCRB data reveals that the government has failed to put a check on increasing interference of humans in wildlife and growing incidents of poaching.
In May, Udaipur police had busted an inter-state panther poacher-smuggler gang which was accused of killing six panthers in Kumbalgarh forest over the last three years. The gang members included Hisar-resident Satyawan, an aide to deceased poacher-smuggler Sansar Chand who was responsible for wiping out tigers from the Sariska Reserve.

Therefore it is an advice to the general public to stop exploiting the nature and to began to save for the future generation by creating sustainable environment and enforcement of laws in ENVIRONMENTAL JURISPRUDENCE. The case studies given by our Judiciary is an eye opener to the people of our Country regarding application of each laws in India.

SOURCE: National Crime Records Bureau

 

 

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Disclaimer:

This Article was prepared or accomplished by Gunjan Bhagchandani in his personal capacity. The opinions expressed in this article are the author’s own and do not reflect the view of the LawOF.in

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Article by GUNJAN BHAGCHANDANI,

Student of FACULTY OF LAW< LUCKNOW UNIVERSITY.

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