Crimes

2. NATURE OF CRIME AGAINST ENVIRONMENT
AND WILDLIFE
• CRIME AGAINST ENVIRONMENT AND WILDLIFE ARE THE ACTS THAT CAUSE DAMAGE TO THE
ENVIRONMENT AND WILDLIFE AROUND US, THEY ARE CONSIDERED AS A CATEGORY UNDER THE
ORGANIZED CRIMINAL ACTIVITIES AROUND THE GLOBE, IT IS THE FOURTHLARGEST AREA OF CRIME IN
THE LIST OF ORGANIZED CRIME. THESE CRIMES ARE ALSO KNOWN AS GREEN-COLLAR CRIMES, UNDER
WHICH THERE ARE VARIOUS CRIMES LISTED, FOR INSTANCE: 1. POACHING2. ILLEGAL TRADE OF WILDLIFE
3. TRADE OF UNREGULATED AND ILLEGAL PRODUCTS, FOR FINANCIAL ANDMATERIAL GAINS- FOR EXAMPLE
TRADE OF TIMBER, IVORY, RHINO HORNS OR EVEN SANDALWOOD. 4. UNREPORTED FISHING

3. THE FOLLOWING ARE THE ACTS THAT ARE
STILL ENFORCED IN INDIA:
•
1. . THE AIR ACT, 1981 2. THE WATER ACT, 1974 3. THE ENVIRONMENT PROTECTION ACT, 1986 4.
THE WILDLIFE PROTECTION ACT, 1972 5. HAZARDOUS WASTES (MANAGEMENT, HANDLING AM BW
N TO COO NJ NATIONAL GREEN TRIBUNAL ACT, 2010 AND TRANS-BOUNDARY) RULES, 2008 6. THE
FOREST CONSERVATION ACT, 1980 7. PUBLIC LIABILITY INSURANCE ACT, 1991 8. BIOLOGICAL
DIVERSITY ACT, 2002 9. NOISE POLLUTION (REGULATION AND CONTROL) ACT, 2000

4. WHY ARE ENVIRONMENT AND WILDLIFE
CRIMES AGAINST HUMANITY?
• ENVIRONMENTAL DAMAGE CAUSED BY HUMANS ,IS HARMING THE HUMANS THEMSELVES ,HAUMANS ARE
DAMAGING THERE OWN FUTURE BY DAMAGING THE ENVIRONMENT IN THE PRESENT DAYS, ABOVE WE
HAVE SEEN THAT THE DAMAGE CAUSED TO HUMANS IS A CRIME AGAINST HUMANITY, BUT THE
INTERNATIONAL COMMUNITY NOR THE DOMESTIC COMMUNITY, HAVE UNDERSTOOD, THE NEED FOR
HAVING LAWS, WHICH ARE STRICT ENOUGH, TO STOP, AND PREVENT ENVIRONMENTAL DAMAGE, FROM A
SINGLE INDIVIDUAL, TO THE WHOLE WORLD, EVERYONE IS RESPONSIBLE FOR THE DAMAGE CAUSED TILL
NOW, EITHER FOR CAUSING DAMAGE, OR FOR NOT STOPPING THE DAMAGE BEING CAUSED, SOME HAVE
CAUSED A LOT OF DAMAGE, SOME HAVE CAUSED A LITTLE, BUT EVERYONEHAS CONTRIBUTED TO THE
DAMAGE CAUSED TILL NOW. THEVE-RE-PETRAITSTE-THRE-CRIMES

5. MOTIVE BEHIND ENVIRONMENTAL CRIMES
• THESE CRIMES, WHICH ARE AGAINST THE ENVIRONMENT ARE NOT CRIMES THAT ARE DRIVEN BECAUSE OF
SOMETHING SPONTANEOUS, THESE CRIMES ARE PLANNED, THESE CRIMES ARE NOT ONLY RESPONSIBLE FOR
ENVIRONMENT DEGRADATION, BUT MANY OTHER EFFECTS. 1. THE FIRST AND THE MOST IMPORTANT MOTIVE TO
COMMIT ANY ACT IS GAINING MATERIAL BENEFITS AND FINANCIAL GAINS, MANY ACTIVITIES ARE DONE, JUST
FOR THE SAKE OF EARNING MONEY AND IT IS A MOTIVATOR, FOR COMMISSIONING OF THESE TYPES OF CRIME,
THERE ARE MORE MOTIVES BEHIND THESE TYPES OF ENVIRONMENTAL CRIMES. 2. TO GAIN CONTROL-
SOMETIMES ENVIRONMENTAL CRIMES ARE DONE TO GAIN CONTROL, IT CAN BEA TERRITORY, A PRODUCT, TO
GAIN MONOPOLY.

6. THESE CRIMES ARE ALSO KNOWN AS GREEN-
COLLAR CRIMES, UNDER WHICH THERE ARE
VARIOUS CRIMES LISTED, FOR INSTANCE:
1. POACHING 2. ILLEGAL TRADE OF WILDLIFE 3. TRADE OF UNREGULATED AND ILLEGAL PRODUCTS, FOR
FINANCIAL AND MATERIAL GAINS- FOR EXAMPLE TRADE OF TIMBER, IVORY, RHINO HORNS OR EVEN
SANDALWOOD. 4. UNREPORTED FISHING 5. ILLEGAL LOGGING THESE ARE UNDER CRIMES AGAINST
ENVIRONMENT, THESE ARE LISTED BY THE UNITED NATIONS INTER- REGIONAL CRIME AND JUSTICE
RESEARCH INSTITUTION. THESE CRIMES ARE ON THERE RISE, ACCORDING TO A SURVEY DONE IN 2017, IN
INDIA, THERE HAD BEEN A HUMONGOUS JUMP OF CASES IN INDIA AGAINST ENVIRONMENT AND WILDLIFE,
WHICH HAS BEEN AROUND 790% FROM THAT IN 2016.

7. MAJOR AMENDMENTS:
• THERE HAVE BEEN SOME MAJOR AND IMPORTANT ANDLATEST AMENDMENT IN THE DOMESTIC ENVIRONMENTLAW
OF INDIA, THOSE AMENDMENTS ARE AS FOLLOWS.THESE LAWS HAVE RELAXED AND PUT RESTRICTIONS
BOTH.1.UNDER THE NOTIFICATION OF ENVIRONMENTALIMPACT ASSESSMENT, IN 2006,HELPED INRELAXATION OF
INFRASTRUCTURE, BUT AT THE COSTOF MASS DANGER, BEFORE THIS AMENDMENTNEARLY EVERY BIG PROJECT
REQUIRED BUT NOWPROJECTS WHICH COVER THE AREA LESS THE50,000 METER SQUARE DOES NOT
REQUIREADVANCED PERMISSION FROM THE GOVERNMENT.2. IN COASTAL REGULATION UNDER THE
ENVIRONMENT PROTECTION ACT, AN AMENDMENTWAS BROUGHT IN 1996 WHICH HELPED ININCREASING THE
TOURISM IN INDIA, BUT AGAIN ATTHE COST OF ENVIRONMENT, IN THIS GOVERNMENTLIFTED UP THE
REQUIREMENT OF ADVANCEDPERMISSION BY THE GOVERNMENT, TO START ANYPROJECT IN COASTAL
REGIONS.3.ARTICLE 368 IN PART XX OF THE CONSTITUTION DEALS WITH THE POWERS OF PARLIAMENT TO
AMEND THE CONSTITUTION AND ITS PROCEDURE. IT STATES THAT THE PARLIAMENT MAY AMEND THE
CONSTITUTION BY WAY OF ADDITION, VARIATION OR REPEAL ANY PROVISION IN ACCORDANCE WITH THE
PROCEDURE LAID DOWN FOR THE PURPOSE.

8. CASE LAW:
• MUNICIPAL COUNCIL,RATLAM V. VARDHICHAND AND ORS 1980 AIR 1622,1981 SCR (1) ALSO
KNOWN AS THE RATLAM CITY CASE, IS CONSIDERED TO BE A LANDMARK, AND A VERY IMPORTANT
JUDGEMENT GIVEN BY THE SUPREME COURT OF INDIA, IN THIS CASE THE COURT OBSERVED THE
IMPACT OF DETERIORATING URBAN ENVIRONMENT, ON THE POOR LIVING IN THE URBAN AREA,IN
THIS CASE, PUBLIC HEALTH WAS RECOGNIZED AS A HUMAN RIGHT, WHICH OBLIGED THE
MUNICIPAL COUNCIL, TO TAKE PROPER STEPS, ESPECIALLY IN MANAGING THE DRAINAGE
FACILITIES IN RATLAM.

9. CONCLUSION:
• WE AS HUMANS HAVE DONE ENOUGH TO DAMAGE THE PLANET, AND THIS PLANET HAS
GIVEN THE HUMANS EVERYTHING THING THEY NEED ,BUT BECAUSE OF THE HUMAN
GREED, THAT IS PRESENT IN THE SOCIETY, HAS LEAD TO THIS DAMAGE. THERE ARE WAYS
THAT WE HUMANS CAN RECOVER BUT IT WILL TAKE TIME, BUT FIRSTLY WE REQUIRE
PROPER LAW ENFORCEMENT, TO BRING AN END TO THESE KIND OF ACTIVITIES ,AND EVEN
BEFORE THAT WE NEED NEW LAWS, WHICH ARE STRICT ENOUGH, TO APPLY THE
PRINCIPLE OF DETERRENCE.