LEGAL DIMENSIONS OF ENVIRONMENTAL CRIME

Main Article Content

AARTI KALNAWAT
K. SHANTHI
SHRADDHA J. KULKARNI

Abstract

The environment is all around us, from the air we inhale, to the water we consume, to the ecosystems we live in. These natural resources, however, were not always safeguarded. And as humans progressed, they began to exploit nature. Crime is a crime & so the researcher has tried to establish offenses against the environment as crimes. In this research paper, the researcher has analyzed the development of India's environmental jurisprudence & Environmental laws and penalties. Also, environmental protection in the USA is studied with the environmental criminal legislation to protect the environment. From the non-doctrinal research done, the researcher has analyzed the problems & that the present picture of environmental law is not sufficient. The same is the case with Env offences. However, in most environmental criminal prosecutions, the polluters are legal entities, such as businesses and factories. Without proper penal sanctions, no criminal law will be effective. The inception of such a notion can be traced back to the harmful acts/omissions that result in environmental law infringement. The researcher hopes that this research paper helps understand the link between crime &Env offences, the development of environmental jurisprudence, existing laws & punishments, environmental legislation in the USA, problems persisting in India & introduction of criminal environmental legislation & corporate criminal liability can be a solution.

Article Details

Section
Articles

References

P.J. Fitzgerald Salmond on Jurisprudence(1999)

Ibid 3.

Sutherland and Cressy The Principles of Criminology (1986)

C.M Jariwala Corporate Criminal Liability: Reality or Myth

Y.Situ, D. Emmons Environmental Crime The Criminal Justice System's Role in Protecting the Environment

UNIC & JRI

Stuart Bell Environmental Law (2008)

Indian Penal Code, 1860, S. 268-290, No. 45 Acts of Parliament, 1860 (India)

Indian Penal Code, 1860, S. 268-290, No. 45 Acts of Parliament, 1860 (India)

INDIA CONST.

AIR 420, 1991 SCR (1) 5

(1997) 1 SCC 388

I.A.29 [W.P(C) No.4677/85]

AIR 1446, 1996 SCC (3) 212

(1866) LR 1 Exch 265, (1868) LR 3 HL 330

AIR 1086, 1987 SCR (1) 819

[Indian Express] [https://indianexpress.com/article/india/bhopal-gas-tragedy-among-worlds-major-accidents-of-20th-century-un-report-5685487/] [ Last visited: 31.03.2022]

M.C Mehta V Union of India, 1987 AIR 1086, 1987 SCR (1) 819

(1866) LR 1 Exch 265, (1868) LR 3 HL 330

U.S. 497 (2007)

F.3d 1116 (9th Cir. 1999)

Water Act, Air Act & EPA respS. 47, 40, 16 (USA)

Water Act, Air Act & EPA resp S. 48, 41, 17 (USA)

Criminal Enforcement of Environmental Law Joseph F. Dimento

Send Corporate Polluters to Jail: Greider Fines Aren't enough