Environmental Crimes And Legal Structure In India
- IJLLR Journal
- 3 days ago
- 2 min read
Shrimali Sangita Pravinbhai, Researcher, Gokul Global University
Rakesh Thakor, Researcher, Sardar Patel University
Dr. Alpesh Patel, Gokul Global University (Guide)
ABSTRACT
Environmental crimes, including illegal deforestation, wildlife trafficking, industrial pollution, and the improper disposal of hazardous waste, pose severe threats to ecological stability and human well-being. These crimes disrupt biodiversity, contaminate natural resources, and endanger the health of present and future generations. In India, the challenges are intensified by rapid industrialization, urbanization, and population growth, which have placed immense pressure on natural ecosystems. Addressing these issues requires a robust legal and institutional framework capable of enforcing environmental accountability.
This paper critically examines the evolution of environmental crime regulation in India, tracing its development through constitutional provisions, legislative enactments, and judicial interpretations. The Constitution of India, through Articles 21, 48A, and 51A(g), establishes the right to a clean environment as a fundamental aspect of life and imposes duties on both the state and citizens to protect nature. Several major laws, including the Water (Prevention and Control of Pollution) Act, 1974; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; and the Wildlife (Protection) Act, 1972, collectively form the foundation of India’s environmental governance.
The paper also explores significant judicial interventions such as M.C. Mehta v. Union of India and Vellore Citizens Welfare Forum v. Union of India, which have advanced key principles like sustainable development, the precautionary approach, and the polluter-pays principle. Despite this extensive legal framework, enforcement remains a persistent challenge due to weak institutional mechanisms, inadequate penalties, limited technical capacity, and low public awareness.
The study concludes that strengthening environmental governance in India requires not only stricter implementation of existing laws but also greater public participation, enhanced institutional coordination, and the integration of modern technology for monitoring and compliance. Ensuring environmental justice and accountability is essential for achieving sustainable and equitable development.
