Author: Prachi Mangla, IILM University
This criminal justice system is gradually changing in India because of the new criminal laws effective from July 1, 2024. These laws are the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), which removes the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act that belonged to the British. Despite the numerous alterations, it is worthy the noting that the environmental crimes are for the first time pointed out and penalized. In this article the focus is made on effect of these new criminal laws on environmental crimes and their possible effects on the development of legal regulation and measures for protection of the environment in India.
The general history of environmental crimes in India
Environmental crimes involve criminal activities that negatively affect the environment; such are unlawful exploitation of mineral resources, destruction of forests, pollution of water sources, and poaching. These crimes not only pose a threat to the existing species of animals and plants but also a threat to human beings with resulting effects on the right to health and right to life.
Earlier, environmental laws in India were dispersed and relied on a number of statutes including the Environmental Protection Act, 1986, Wildlife Protection Act, 1972 and Forest Conservation Act, 1980. Unfortunately, it has not received strong enforcement hence, the numerous violations that are being observed in the society. Regardless of having recorded a decline in general environmental offenses in 2022 as described in the ‘’National Crime Record Bureau’, some categories of environmental offenses, especially those in the air and water pollutions categories have registered increased offenses.
The new criminal laws have the following characteristics
The new criminal laws introduce several significant changes aimed at modernizing India’s legal framework, particularly concerning environmental crimes:
1. Explicit Definition of Environmental Crimes: Canada has use the BNS that clearly defines environmental crimes and has provisions for severe punishment for any activities that negatively impact the environment. This is a major change from looking at environmental offenses as simple violations of the law to being criminal offenses.
2. Increased Penalties: The new laws have sought to introduce stiff measures to be administered on anyone caught perpetrating an environmental crime, this is in acknowledgement of the need to discourage such acts. For example, penalties include fines for such actions as unlawful mining and pollution of water resources which may be up to the amount of 500,000 Pounds or imprisonment for a term of five years implying that offenses related to mining are grave.
3. Alignment with Global Standards: The enactment of these laws bring India in par with international laws related to environment in view of the various treaties /conventions evolved by the country. This alignment is very important in order to improve the position of India in international level on the issue of responding to the protection of the environment.
4. Victim-Centric Approach: The new laws are oriented at the measures taken in favor of the victims and include environmental crimes. This perspective places the environment as well as the affected communities as victims of environmental decline thus enable them gain justice.
5. Digital Integration: According to the BNSS, digital records and e-governance should be adopted to manage the documentation and tracking of the environmental crime cases. This integration is expected to increase the level of transparency, avoid the chances of delay by bureaus and make the processes of investigation to be efficient.
Challenges in Enforcement
Despite the promising framework established by the new laws, several challenges remain in effectively enforcing environmental criminal laws:
1. Resistance to Change: This is because change of procedures and definitions is usually approached with a lot of resistance by the police and other legal bodies. To neutralize this resistance, it will be necessary to conduct extensive training and awareness raising on the new laws and their impact on protection of the environment.
2. Capacity Building: Interestingly, it was revealed that there is the need for enhancement of capacities in the departments of law enforcement in order to provide the forces with the required skills and tools to address the environmental crimes. This involves courses such as environmental science and the issue of compensation for offence made to the ecosystem.
3. Judicial Backlog: The Indian courts are currently and have been over burdened with many cases. This is likely to be worsened by the introduction of new laws with no complementary approaches to shorten the legal procedures especially for the environmental cases that usually have time-sensitive nature.
4. Public Awareness: To ensure that the government and the citizenry appreciate these emergent legal policies and the environmental crimes, then awareness must be created. The rights of the communities and the legal recourses that they can take in the case of environmental violations must be explained to them.
Implications for Environmental Protection
The introduction of new criminal laws with a focus on environmental crimes has several implications for environmental protection in India:
Strengthened Legal Framework: Hence new laws make adequate provisions for dealing with environmental offenders by making environmental crimes a punishable tenable. Such clarity helps in the enforcement and prosecution of offenders seem to improve in efficacy.
Enhanced Deterrence: Mr. Derber believes that when the penalties for the violation of environmental laws are increased, people will reduce the rate at which they engage in environmentally wrong deeds hence promoting compliance with environmental laws.
Empowerment of Communities: This thrives on the victim-oriented framework that facilitates an opportunity for environmental affected communities to pursue justice. Thus, the above empowerment is likely to encourage increased participation of individuals and groups in activities that shall support and promote the conservation of the environment and sustainable use.
International Credibility: Compliance with global environmental policies is also a plus in view of the establishment of credibility in the international comity of nations where most negotiations hold. This credibility is vital in an attempt to garner international support and collaboration in solving transboundary environmental matters.
Conclusion
The dawn of fresh criminal laws in India can be considered as a noteworthy advancement to treat the environmental criminals more sternly. In this regard, environmental offenses are considered unlawful and severe acts on the same level as other criminal offenses with severe penalties, as provided by these laws that ought to strengthen environmental safety and act as deterrent measures against offenders. But the effectiveness of such laws will largely depend on solving the issues pertaining to enforcement and capacity building and raising public awareness of the problem.
With India progressing on these reforms, it is beneficial for the country to double focus on the competence of the legal framework along with flexibility for meeting the newer forms of environmental degradation. Through emulating the best practices in compliance and accountabilities, India can help set up a future that will focus on sustainable development and the environmentalism of the geography.
Frequently Asked questions
What are the key features of the new criminal laws in India regarding environmental crimes?
The new criminal laws, effective from July 1, 2024, introduce explicit definitions for environmental crimes and impose stricter penalties for offenses such as illegal mining, deforestation, and pollution. These laws aim to align India’s legal framework with global environmental standards and enhance accountability for environmental degradation. The Bharatiya Nyaya Sanhita (BNS) specifically addresses these issues, marking a significant shift in how environmental violations are treated under Indian law.
How do the new laws empower communities affected by environmental crimes?
The new laws adopt a victim-centric approach, recognizing the environment and affected communities as victims of environmental degradation. This empowers individuals and communities to seek justice and hold offenders accountable for environmental harm. By providing legal avenues for redress, the laws encourage greater community involvement in environmental protection efforts and advocacy for sustainable practices.
What challenges might arise in the enforcement of the new laws related to environmental crimes?
Several challenges could hinder the effective enforcement of the new laws, including resistance to change from law enforcement agencies and legal professionals accustomed to previous regulations. Additionally, capacity building within these agencies is essential to equip them with the skills necessary for investigating and prosecuting environmental crimes. There is also a concern regarding the backlog in the judicial system, which may complicate the timely handling of environmental cases.
