VOLUME 2 : ISSUE 8

|| April 2021 ||

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ABOUT US

WHITE BLACK LEGAL is an open access, peer-reviewed and refereed

journal provide dedicated to express views on topical legal issues, thereby
generating a cross current of ideas on emerging matters. This platform shall
also ignite the initiative and desire of young law students to contribute in
the field of law. The erudite response of legal luminaries shall be solicited
to enable readers to explore challenges that lie before law makers, lawyers
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With this thought, we hereby present to you

WHITE BLACK LEGAL: THE LAW JOURNAL

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ENVIRONMENTAL CRIMES, DOMESTIC AND INTERNATIONAL

LEGISLATIONS & IMPACT OF COVID-19 ON THE ENVIRONMENT

By: Sanjana Sachan

ABSTRACT

The purpose of article is to highlight various environmental crimes have are being committed and the
legal developments in the field of Environmental Law. It provides an overview of various crimes
with regard to environmental law, the reasons for which such crimes are being committed, major
legislations, domestic and international that focus on environmental law, landmark cases as well as
the impact of Covid-19 on the environment. Apart from various treaties and declarations, this article
contains critiques for certain legislations and declarations. Environmental law is not just a law for a
specific country but is universal and how the environment needs to be protected all around the world.

This article talks about how environmental law was introduced by way of ratification through
conventions domestically in countries which was guided by the United Nations Conference on
Environment in Stockholm. This article highlights the reasons for environmental law today and the
challenges faced over the years of development. This article serves a brief yet wholistic view of the
Domestic & International Environmental Law.

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KEYWORDS

Environmental Law, International Declarations, Domestic Environmental Legislations,

Environmental Crimes.

INTRODUCTION

This paper provides an overview of ‘Environmental Crimes & Domestic and International
Legislations’ which is primarily based on research that I conducted as a part of my university’s
curriculum. The main purpose of my paper is to briefly state various domestic legislations &
international declarations and treaties which developed environmental law over the years.
Environmental law, principles, policies, directives, and regulations enacted and enforced by local,
national, or international entities to regulate human treatment of the nonhuman world. Throughout
history national governments have passed occasional laws to protect human health from
environmental contamination.1

DEFINITIONS & MEANING

1
BRITANNICA, https://www.britannica.com/topic/environmental-law/Principles-of-environmental-law (last visited Apr.
23, 2021)

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Q. What is Crime?

According to Blackstone2, ‘a crime is an act committed or omitted, in violation of a public law either
forbidding or commanding it’. A crime is basically an act which a particular social group regards as
sufficiently harmful to its fundamental interests.

Crime is wrong which committed by people which calls for punishment from the State. Any Act that
is detrimental or damaging to the public interest is considered a crime.

Q. What is an Environmental Crime?

An act which is illegal and directly harms the environment and causes drastic changes and depletion.
Such illegal activities include environment, wildlife, natural resources, biodiversity etc. Any
dangerous activity which puts the environment at risk can be termed as an environmental crime.
People which let such crime take place are known as environmental criminals and they pose a threat
to the future of planet and to the future generations.

Illegal environmental crimes include3 –

1. Illicit trade in hazardous waste

2. Illegal, unregulated and unreported fishing
3. Illegal trade in wildlife
4. Illegal logging
5. Unreported theft of timber
Since these crimes are mostly victimless it doesn’t attract any sudden attention towards the situation
from any government or other enforcement agencies which could soon affect the society at large.
Such crimes create profits in billions for such environmental criminals and it is a never-ending profit
pool and continues to grow.

CRIMES AGAINST ENVIRONMENT & WILDLIFE

Any act that causes damage or harm to the environment or wildlife around us can be categorized as a
crime against the environment & wildlife. Such crimes are a part of organized crime rings and crimes
against environment and wildlife are the Fourth largest areas of crime when it comes to organized
crime.

These crimes are also known as Green Collar Crimes and include –

1. Illegal Logging
2. Animal Poaching
3. Illegal Trade of Wildlife etc.

2
LAWCTOPUS, https://lawctopus.com/clatalogue/meaning-of-crime-ipc/ (last visited Apr. 23, 2021)
3
UNITED NATIONS OFFICE ON DRUGS & CRIME,
https://www.unodc.org/documents/NGO/EIA_Ecocrime_report_0908_final_draft_low.pdf (last visited Apr. 23, 2021)

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REASONS BEHIND ENVIRONMENTAL CRIMES

With every passing day, environmental crimes are becoming a serious problem everywhere and are
considered one of the most profitable criminal activities in the world. The exploitation of flora and
fauna, pollution, waste disposal etc. are the most common crimes.

These crimes are not spontaneous but are planned.

Environmental crimes are not only a treasure chest full of money for the criminals but sometimes
these crimes are for marking territories, control and even to establish monopoly.

PRINCIPLES RELATING TO ENVIRONMENT PROTECTION

1. Polluter Pays Principle

This principle was evolved in Enviro-Legal Action v. Union of India, 1996.

The principle says that any person who is involved in any activity which is hazardous and due to
which environment pollution is being caused. Then he will be liable to compensate for any loss
caused even though he took all reasonable precaution. The SC defined this principle in this case.
This principle is restricted only to the monetary liability.

2. Absolute Liability

This principle was evolved in Oleum Leak Case, 1987. Before this case, there was the principle of
strict liability and thought that strict liability was not an adequate relief. Hence SC gave the principle
of absolute liability wherein the person will be absolutely liable. If any damage is caused to the
environment or the people, then absolute liability will applicable on that person. No defense of strict

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liability or negligence, reasonable care etc. cannot be taken. It is not just limited to monetary liability
but absolutely.

3. Precautionary Principle and Principle of New Burden of Proof

This principle was evolved in Vellore Citizens’ Welfare Forum v. Union of India, 1996.

The Precautionary Principle - as the name suggests, any person carrying out any hazardous activity
has to take all possible precautions to avoid any harm to the environment.

And the Principle of New Burden of Proof – Burden of proof remains the same and onus of proof
keeps shifting.

4. Sustainable Development

This principle was evolved in Vellore Citizen’s Welfare Forum v. Union of India, 1996.

SC felt the need for maintaining a balance between developmental needs and environment. And this
term was first defined in Stockholm Declaration of 1972.

5. Public Trust Doctrine

This doctrine was given in M.C. Mehta v. Kamal Nath.

SC said that, all of the natural resources are trust properties and the state, holding these properties are
trustees and the people are the beneficiaries. And it becomes the legal and moral duty of the state to
take care of all of these natural resources.

6. Inter-Generational Equity

This term means that, the common factor for all generations is the earth and so it the duty of the
current generation to take care of our natural resources in a way that the future generations can also
enjoy all of these resources and we have to maintain equity among the generations and this can only
be done by sustainable development.

MAJOR ENVIRONMENTAL CRIMES4

1. Trafficking of Wild Animals

Calculated to be the third largest illegal business in the world, trafficking of wild animals
raises serious threats surrounding the world’s biodiversity. People all around the world
engage in acquiring an exotic animal just because it is pleasing to the eye but if these
consumers with their deep pockets disappear, then so will the black market on which such
transactions are possible. Consumers prefer such animals which no one else has. An
endangered animal is said to fetch a prettier penny as compared to other wild animals. Some
of the most requested species on the black market are parrots, macaws, serpents, tarantulas,
chimps etc. but it’s not just the animals that are being sold, every now and then elephant and
rhinoceros ivory as decorative items are sold too.

4
SUSTAINIBILITY, https://www.activesustainability.com/environment/crimes-against-the-environment/ (last visited
Apr. 23, 2021)

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2. Illegal Logging
One of the most serious environmental crimes is cutting acres of forests to produce furniture
etc. The Amazon Rainforest, the world’s largest, saw a rise of 29% in deforestation. This
kind of illegal logging in order to support timber industries and farms etc. are the reason why
this is considered as an environmental crime.

3. Electronic Waste Mismanagement

Also known as E-Waste, about 50 million tonnes of which is produced by the developed
countries itself. This waste is then illegally exported to countries like China, Africa, India etc.
to be dumped for a good deal.

4. Finning
Finning is a process where the fins of fishes such as sharks are cut off whilst they are still
alive and then thrown back into the sea. An estimated 100 million sharks are caught every
year and about 70 million of them are finned and thrown back into the sea which constitutes a
slow and painful death for the sharks. These fins are sold on the black market and a kilogram
of such fins fetches you 600 euros which makes it another potentially obvious environmental
crime.

5. Dumping in Rivers
This kind of crime is mostly committed by factories and companies and industries which
have chemical run offs and are dumped into the rivers etc. This is a very serious crime
because not only does it cause the local wildlife to die or get ill but also, as a result of the
water leaking into the soil, it finds its way to pollute the surrounding flora as well, affecting
the food chain. There are many ways to avoid this waste-dumping problem, such as using
sewage collectors or sewage plants, among others.

VARIOUS ENVIRONMENT PROTECTING LEGISLATIONS IN INDIA5

1. The National Green Tribunal Act, 2010.

a. To provide efficient and effective disposal of matters relating to environmental
protection.
b. To provide compensation and remedies for the damages caused to the victims- the
property or persons.

2. The Water Act, 1974.

a. To prevent water pollution
b. To control Water Pollution
c. To punish violators of the Act.

5
LEGAL SERVICE INDIA, http://www.legalserviceindia.com/legal/article-3910-crime-against-environment-and-wildlife-a-
crime-against-humanity.html (last visited Apr. 23, 2021)

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3. The Air Act, 1981.

a. To prevent air pollution
b. To control air Pollution
c. To punish violators of the Act.

4. The Wildlife Protection Act, 1972.

a. To prohibit the hunting of specified wild animals, birds and plants.
b. To setup management of national parks, wildlife reserves and sanctuaries.
c. To control trade and commerce of the wildlife and its products.

5. The Environment Protection Act, 1986

a. To improve the environmental conditions
b. To uphold the 26 principles of the Stockholm declaration 1972.
c. To take strict precedence action against those who harm the environment
And more Acts such as -

6. The Biological Diversity Act, 2002.

7. The Forest Conservation Act, 1980.

IMPACT OF THE ABOVE ENVIRONMENTAL LEGISLATIONS

India has come up with various environmental legislations in order to develop tools to prevent the
depletion and dangers to the natural recourses and the environment in general. There have a lot of
legislations between 1853 and 2020 and what all of these legislations have in common is that their
main objective is towards the protection of the environment.

The so many laws that we have today, all have had an impact on our environment, some have
impacted our environment in a positive manner whereas the others haven’t had much of an impact
which makes us wonder if there is a need for new laws, better laws and self sufficient laws. The kind
of laws which have significant impact, make work easier for the judiciary and most of all punish the
wrongdoers as they should be. The government does good on our parts by drafting legislations, but
we must also take care of the environment has it has done the same for us for so long.

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REMEDIES & PUNISHMENTS OF INDIAN LAWS

Such remedies and punishments can be divided into three parts i.e. Constitutional Remedies, Civil &
Criminal Remedies. They are as follows:

1. Constitutional Remedies

a. Article 21
Article 21 of the Indian Constitution has a one of the wider interpretations, it deals with right
to life, personal liberty. This right is guaranteed and cannot be taken away unless there is a
law for it.
b. 42nd Amendment
Two of the most important environmental amendments were given i.e. 48 A & 51 A.
- Article 48 A: This article is known as Protection and improvement of environment and
safeguarding of forests and wildlife. it is the responsibility of the government to safeguard the
forest and wildlife. Earlier penalties were used as form of remedy upon the wrong doers but
recently, they have started to use imprisonment.
- Article 51 A: It is also known as Fundamental Duties. The fundamental duty (g) says that
people have an obligation towards the environment and that the natural resources need to be
protected and that all living creatures shall be cared for compassionately.

2. Civil Remedies
Civil remedies include:

- Nuisance i.e. nuisance both in public as well as private sense. In case of public nuisance, a
person can be charged with section 91 of the Code of Civil Procedure.
- Negligence i.e. failure to take proper care over something.
- Trespass i.e. wrongful entry with the intent of doing so.
- Strict Liability

3. Criminal Remedies
Criminal Remedies under the Indian Penal Code which deal with public safety, health,
nuisance, and negligence –
- Sections 268 – 294 A
- Sections 269 – 271
- Section 277
- Section 290
- Section 426, 430, 431 & 432.

For the above crimes, fine, imprisonment or both are used as remedy.

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CASES

Cases play an important part by being a very essential source of law. Some of the more significant
cases are as follows –

1. Municipal Council, Ratlam v. Shri Vardhichand & Ors.6

This case is also known as the ‘Ratlam City Case’ and is a landmark case, in which the court
observed the impact of the deteriorating urban environment on the poor living in the urban area.
In this case, public health was recognized as a Human Right which directed the municipality of
Ratlam to take appropriate steps and manage the drainage facilities in Ratlam.

2. M.C. Mehta v. Union of India (Gas Leak in Shriram Factory)7

In this case the court observed that company in under absolute liability, to pay the compensation
to the victims of the gas leak, this was the first case in India , in which the concept of absolute
liability was introduced, this was also the first case in India in which the accused was penalized,
and was asked to pay for the damage caused, and pay compensation to the victims of the gas
leak.

3. Vellore Citizens Welfare Forum v. Union of India8

The Court observed that these Tanneries are the major foreign exchange earner to the country
and also provide employment to several people. But at the same time, it harms the environment
and poses a health hazard to everyone. The Court ruled in favour of Petitioners and directed all
the Tanneries to deposit a sum of rupees ten thousand in the office of Collector as fine.

4. M C Mehta v. Kamal Nath & Ors.9

In this case, there was massive encroachment of land and of the Beas River by Span Motel Pvt
Ltd. This case is a landmark case in Indian Environmental Law due to the fact that Public Trust
Doctrine and The Polluter Pays Principle were applied.

The Supreme Court of India, via this landmark case reinstated the application of the Public Trust
Doctrine and The Polluter Pays Principle as well as established a precedent for future cases. They
stated that these principles were of relevance with the laws in India and had discussed the lack

6
Municipal Council, Ratlam vs Shri Vardhichand & Ors. 1980 AIR 1622.
7
M.C. Mehta And Anr vs Union Of India & Ors. 1987 AIR 1086.
8
Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715.
9
M. C. Mehta v. Kamal Nath, (1997)1 SCC 388

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and need for relevant legislation regarding the above. Span Motels was ultimately held liable for
this destruction and was made to pay compensation.

5. M C Mehta v. Union of India – Ganga Pollution Case10

A lot of industries were polluting the water of the river Ganga. The court directed a lot of
industries to be shut down and also a lot of them were asked to take into account air and water
treatment upon disposal.

6. M.C. Mehta and Anr. vs. Union of India and Ors.11

This case is also known as Oleum Leakage Case which discusses the concept of Public Liability.
It is a landmark judgment in which the principle of Absolute Liability was laid down by the
Supreme Court of India. The Court held that the permission for carrying out any hazardous
industry very close to the human habitation could not be given and the industry was relocated.

7. Indian Council for Enviro-Legal Action vs. Union of India12

Justice Jeevan Reddy in the landmark judgment held that the financial costs of preventing or
remedying damage caused by pollution should lie with the undertakings which cause the
pollution by adopting the “Polluter Pays Principle”.

8. M.C. Mehta vs. Union of India (Taj Trapezium Case)13

In this case, the industries surrounding the Taj Mahal were releasing such harmful chemicals
which was affecting the colour of a historical landmark. So, the industries were directed to use
CNG instead of coal and cake so there will be less pollution and the Taj Mahal will be less
affected.

9. Delhi Ridge Case14

A particular area was getting very polluted, so the court declared it as reserved forest. So, when it
is declared a reserved forest, it limits its transaction with people. Not everyone can enter into
such an area which is restricted.

10
M.C. Mehta vs Union Of India & Others, 1988 AIR 1115.
11
M.C. Mehta And Anr. vs Union Of India & Ors, 1987 AIR 1086.
12
Indian Council For Enviro-Legal ... vs Union Of India And Ors, 1996 AIR 1446.
13
M.C. Mehta v. Union of India, 1987 AIR 1086.
14
M.C. Mehta v. Union of India, AIR 2004 SC 4016.

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VARIOUS INTERNATIONAL ENVIRONMENT PROTECTING DECLARATIONS &

TREATIES

1. Declarations
The international community, together has worked very hard to draft declarations in order to
tackle various environmental issues but two of the most significant declarations were –

a. The Stockholm Declaration of 1972

The United Nations Conference on the Environment in June of 1972, in Stockholm was the
world’s first conference about the environment. The participants adopted a series of principles for
sound management of the environment including the Stockholm Declaration and Action Plan for
the Human Environment and several resolutions15. This declaration contained 26 principles and
placed the issues of the environment as an international priority which lead to an exchange
between the industrialized and developing countries about economic growth, air, water and ocean
pollutions and the general well-being of people.

The convention adopted the following –

- A basic declaration containing a common set of principles to help the people in protecting and
conserving the environment.
- A detailed resolution for financial and institutional arrangements for environmental protection.
- An action plan containing 109 recommendations.
This was known as the Magna Carta of the Human Environment.

On the basis of their applicability and enforceability, the principles can be grouped as so 16 –

 Human-Centric: Principle 1 & 15

 Sustainable Development: Principles 2,3,4,5,13 & 14
 Reflection on customary international law position: Principle 21
 Preventive Actions: Principles 6, 7, 8 & 18
 Compensation: Principle 22
 Cooperation: Principles 24 & 25
 Miscellaneous: Principles 9, 10, 11, 12, 16, 17, 19, 20, 23, 26

15
UNITED NATIONS, https://www.un.org/en/conferences/environment/stockholm1972 (last visited Apr. 23, 2021)
16
IPLEADERS BLOG, https://blog.ipleaders.in/everything-need-know-stockholm-declaration/ (last visited Apr. 23, 2021)

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This declaration was the first of its kind, which helped pave the way to global understanding of
environmental issues. 114 countries participated with a clear goal of creating a better international
understanding for environmental law. This declaration focused on creating, managing, and
complying with achievable environmental goals and also recognized the role played by humans.
Although the convention was not criticism free but despite that it managed to create awareness about
the environment and how we need to protect it.

b. The Rio Declaration

The Rio Declaration on environment and development was approved by the UN during a
conference held in Jio De Janerio in the June of 1992. It aimed to reaffirm the declaration of the
UN which was adopted at Stockholm in 1972.

This declaration adopted principles which would serve as guidelines for the development of the
environment in the future. The Rio Declaration states that the only way to have long term
economic progress is to link it with environmental protection. This will only happen if nations
establish a new and equitable global partnership involving governments, their people and key
sectors of societies. They must build international agreements that protect the integrity of the
global environmental and the developmental system.

The Rio Declaration include following principles:17

 Principe 1: “Human beings are at the center of concerns for sustainable development. They are
entitled to a healthy and productive life in harmony with nature.

 Principle 3: The right to development must be fulfilled to equitably meet developmental and
environmental needs of present and future generations.

 Principle 5: All States and all people shall cooperate in the essential task of eradicating
poverty as an indispensable requirement for sustainable development, in order to decrease the
disparities in standards of living and better meet the needs of the majority of the people of the
world.

 Principle 11: States shall enact effective environmental legislation. Environmental standards,
management objectives and priorities should reflect the environmental and development
context to which they apply. Standards applied by some countries may be inappropriate and of
unwarranted economic and social cost to other countries, in particular developing countries.

 Principle 24: Warfare is inherently destructive of sustainable development. States shall

therefore respect international law providing protection for the environment in times of armed
conflict and cooperate in its further development, as necessary.”

17
CULTURAL RIGHTS, https://culturalrights.net/en/documentos.php?c=18&p=195 (last visited Apr. 23, 2021)

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2. Treaties
Some of the bilateral and multilateral treaties relating to the Preservation and Protection of the
environment to which India is a signatory are as follows –

a. The Antarctic Treaty (Washington, 1959)

The Antarctic Treaty on December 01, 1959 was signed by 12 nations whereby The Antarctic
was declared a demilitarized zone which only to be preserved for scientific research. This treaty
was formulated in a conference held in Washington D.C. and it was attended by Argentine,
Australia, Belgium, Britain, Chile, France, Japan, New Zealand, Norway, South Africa, United
States of America, and The Soviet Union. This treaty was binding, and it forbid mineral and oil
exploration for 50 years and included regulations for the protection of the Antarctic environment.

b. Basel Convention on Trans-boundary Movement of Hazardous Wastes,1989

This convention is a treaty which was formulated with the one purpose i.e. to reduce the
movement of hazardous waste between nations especially from developed to less developed
countries. It came into force in 1992 and as of 2018, 199 countries have ratified this convention
and upon ratification by India, it included this as ‘The Indian Hazardous Waste Management
Rules Act, 1989. this treaty's main goal was to bring down the source of these hazardous waste. It
prohibits any transport of hazardous waste in the International sphere, and also to the countries,
signatory to it.

c. United Nations Framework Convention on Climate Change, 1992 18

It is an international environmental treaty which addresses climate change. This treaty was signed
by 154 states by UNCED which is also known as the Earth Summit held in Rio in 1992. The
Kyoto Protocol being the first implementation of measures under UNFCCC was signed in 1997
and came into force in 2005. This was superseded by the Paris Agreement which came into force
in 2016. As of 2020, the UNFCCC has 194 signatory member states.

The main objective of this treaty was to bring up international cooperation, to help in reducing
the carbon emission levels in the world, and bring global warming to an end, but sadly this never
happened, and the rate at which carbon emissions are here today, have never been in the past.

IMPACT OF COVID-19 ON THE ENVIRONMENT

The threat of the new virus with no cure is still looming over the citizens of this world. Since it is
communicable it poses a greater risk of spreading without proper safety gear. This has made the
world slow down and imposed lockdowns all over the world. The first three lockdowns were

18
WIKIPEDIA, https://en.wikipedia.org/wiki/United_Nations_Framework_Convention_on_Climate_Change (last visited
Apr. 23, 2021)

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scheduled till May 2020. During this time, we saw what the environment would be like if we showed
a little restraint in all that we are doing when we harm it.

INDIA

- The River Ganga, which was considered one of the most polluted rivers, which couldn’t be
cleaned even after introducing schemes such as Namani-Gange. But it took no more than 10
days of the lockdown for Ganga to be pronounced as a river from which one could directly
drink from. Dolphins were seen for the first time in nearly 20 years.
- The Air Quality Index changing from hazardous to good and the drastic drop in the level of air
pollution. The major cities of India were facing the most difficult time due to Air Pollution but
ever since the lockdown was implemented, the AQI of cities like Delhi which was hovering
between 170-200 dropped down to 25-30 which was recorded as lowest in the last decade.

GLOBALLY

- The hole in the ozone layer above antarctica has been one of the greatest concerns of
environmentalists in for over a decade but the lockdown seemed to have a positive effect and
the nature is being able to heal itself and reviving.
- Biggest Carbon crash ever recorded, due to the shutdown of industries around the globe, that
has seen the greatest slump in carbon element, it’s happening both because of the lockdown
and the environment getting time to revive itself. It’s a great news as there has been a recently
a discovery of a link between the virus and air pollution, and by reduction in carbon footprints
the pollution is reducing all around the globe, all this is a positive effect of COVID-19.19

CONCLUSION

Our environment is one of the greatest gifts to mankind, but we have done a lot of damage to this
one planet that we have. Even though it has given human beings everything they need to survive,
humans have continued to exploit it and it is this exploitation which has led to the level of damage
caused.

Recovering from such damage is possible but it may take a lot of time, the pandemic showed the
world that the environment can heal itself if it is given the time it needs. But even with or without a
pandemic, additional things such as proper strict laws are required which have a deterrent effect on
the wrongdoers in the society. Whatever changes humans make or steps that maybe taken shall be
done only after assessing every single factor. People need to take steps to implement a survival
mechanism for the environment because the environment can survive without humans, but humans
cannot survive without the environment.

So, as its inhabitants, humans should care for the environment rather than taking it for granted.
19
LEGAL SERVICE INDIA, http://www.legalserviceindia.com/legal/article-3910-crime-against-environment-and-wildlife-
a-crime-against-humanity.html (last visited Apr. 23, 2021)

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