A Critique on Criminal Law Provisions on Environment Protection | Criminal Law for Judiciary Exams PDF Download

Introduction

• Environment pollution is a significant issue that requires prevention.
• The coexistence of humans and nature is vital for national development.
• A healthy environment is essential for human survival.
• Technological advancements have led to widespread pollution of nature.
• December 2 is observed as National Pollution Control Day to raise awareness.
• Common law remedies are traditionally used to address environmental pollution.
• Protection under civil laws can be sought through various legal doctrines.
• Constitutional articles like Article 48A and 51A(g) emphasize environmental safeguards.
• The National Green Tribunal Act, 2010 was enacted for speedy resolution of environmental cases.
• Various writs and criminal laws address offenses related to pollution.
• Common law remedies offer a wide range of protections for civil rights and the environment.
• Measures such as injunctions under the Code of Civil Procedure help in controlling pollution.
• Criminal provisions in the Indian Penal Code impose liability on polluters.
• The right to a pollution-free environment is considered a fundamental right under Article 21 of the Indian Constitution.
• International efforts like the Stockholm Declaration aim to protect and improve the environment.
• The concept of nuisance can be addressed under common law through public and private nuisance laws.

Remedies

Provisions under the Indian Penal Code, 1860

• Public Nuisance (Section 268):
  • Defined as any act or illegal omission causing common injury, damage, or annoyance to the public.
  • Punishable under Section 290 with fines up to 200 rupees.
• Water Pollution (Section 277):
  • Example: In the Nano Rao Case, accused individuals faced charges under Section 277 for polluting a river.
• Vitiating the Atmosphere (Section 278):
  • Punishable for making the atmosphere noxious to health with fines up to 500 rupees.
• Other Related Offences:
  • Sections 284 and 285: Punishments for negligent conduct and handling of poisonous substances.
  • Section 286: Punishment for negligent conduct with explosive substances.
  • Section 425: Addressing water pollution as mischief.
  • Section 440: Dealing with mischief caused by harming animals.
• Additional Information:
  • Nuisance is broadly defined and includes various actions like construction, substance disposal, and trade practices.
  • Courts can impose penalties for disobedience under Section 188, with punishments up to 6 months and fines up to 1,000 rupees.

This summary outlines the key legal provisions under the Indian Penal Code related to public health, safety, and environmental protection, emphasizing the consequences for activities causing harm or inconvenience to the public. Through these laws, the legal system aims to maintain public welfare and ensure accountability for actions that compromise public well-being.

Provisions under Criminal Procedure Code Act, 1973

• Chapter X of the Code of Criminal Procedure, 1973 deals with public nuisance cases, addressing issues such as insanitary conditions, air, water, and noise pollution.
• Section 133 of the Criminal Procedure Code empowers District Magistrates, Subordinate Magistrates, or Executive Magistrates authorized by the State Government to issue conditional orders to remove nuisances affecting public health or interest.
• This provision offers a swift and concise remedy in situations of urgency where public welfare is at stake.
• Before invoking Section 133, certain conditions must be met, including:
  • The Magistrate must ascertain that the nuisance affects a large number of people.
  • There should be a common dispute among the affected public.
  • An imminent danger to public interest must exist.
• The judiciary has interpreted these provisions rigorously to address environmental pollution issues effectively.
• In the Shaukant Case, the Madhya Pradesh High Court recognized the importance of Section 133 in providing a prompt solution in cases of public health or interest being jeopardized.

Section 144 of the Criminal Procedure Code

• An Executive Magistrate is granted authority under Section 144 to address urgent situations by imposing limitations on the personal freedom of individuals, either in a specific area or an entire town.
• This provision is invoked when there is a risk of unrest or threat to peace and order in a particular region due to a specific conflict.
• Section 144 of the CrPC is primarily utilized to prevent public disturbances and safeguard the environment.
• The Indian Judiciary has interpreted the provisions of the Indian Penal Code and the Criminal Procedure Code to uphold environmental conservation.

Conclusion

• The paper provides a comprehensive overview of environmental issues, focusing on both civil and criminal aspects.
• Emphasis is placed on addressing environmental pollution primarily through criminal law measures.
• It acknowledges that complete eradication of environmental pollution is challenging but can be mitigated through preventive measures and legal provisions.
• There is a call for increased awareness about the consequences of environmental pollution to deter individuals from committing such offenses.