From Criminal Sanctions To Civil Penalties: Assessing The Efficacy Of The Adjudication Mechanism In The Biological Diversity (Amendment) Act, 2023
Arun, Research Scholar at Bennett University (Times Now Group), Greater Noida, U.P.
ABSTRACT
The Biological Diversity (Amendment) Act 2023 represents a paradigm shift in India's environmental governance framework, shifting from criminal penalties to civil penalties, and implementing an adjudication-based system of environmental enforcement. This is a legislative shift that is a part of a global trend towards decriminalisation and regulatory streamlining, which is often linked to “trust-based governance” and more efficient administration. The primary purpose of the Act is to streamline the process for biodiversity management, to simplify compliance requirements, and to enhance the responsiveness of regulatory bodies to biodiversity management. Yet, the change implies significant questions about the effectiveness of deterrence, the breadth of administrative discretion and the effectiveness of enforcement in respect of protection of biological resources. The paper critically examines the effectiveness of the adjudication mechanism provided for in the amended Act by a doctrinal and comparative legal research method. It contends that while civil penalties can aid in efficiency of judicial proceedings and lower judicial burden, they are highly reliant on institutional capacity, proportionality of the penalties and certainty of enforcement. The research also points to a lack of deterrent and possible inconsistencies in adjudication, which can help to make things difficult for conservation. It suggests a balanced enforcement mechanism with a mix of civil and criminal penalties to sustain compliance and ensure biodiversity conservation in India.
Keywords: Biological Diversity Act 2023; Civil Penalties; Adjudication Mechanism; Environmental Law; Decriminalisation; Regulatory Governance; Biodiversity Protection; India; Compliance; Criminal Sanctions.
