PROJECT OF ENVIRONMENTAL LAW

ON
LAW OF CRIME & ENVIRONMENT
SUBMITTED TO-
HRISHIKESH MANU

SUBMITTED BY-
GUNJAN KUMAR
ROLL NO.-1212
SEMESTER-7TH (BBA.LLB)
1
 Acknowledgement
Apart from the efforts of the researcher, the success of my project depends largely on the
guidelines of my teachers. I take this opportunity to express my gratitude to the people who have
been instrumental in the successful completion of this project.

First of all I would like to thank my subject teacher Mr. Hrishikesh Manu. I feel motivated &
encouraged every time I attend his lectures. Without his encouragement & guidance this project
would not have completed.

I am thankful to my librarians who provided me the books & material required for the
completion of this project. I would also like to thank my friends who help me in finding the
required books.

Finally, I am thankful to all those individual & institution that directly & indirectly provided me
the guidelines and material which help me to complete this project.

Gunjan Kumar

2
 TABLE OF CONTENTS

CHAPTER-1
INTRODUCTION………………………………………………………………………………

 HISTORICAL BACKGROUND OF ENVIRONMENTAL CRIME

CHAPTER-2

ENVIRONMENTAL CRIME (PUBLIC NUISANCE)……………………………………………

CHAPTER-3

JUDICIAL REMEDIES…………………………………………………………………..

CHAPTER-4

CONCLUSION

BIBLIOGRAPHY

3
TABLE OF CASES

 Municipal Council Ratlam v Vardhichand and ors. AIR 1980 SC 1622

 The Ganga Water Pollution case: M C Mehta V. Union of India, AIR 1988,

SC 1037

 The Bhopal Gas Leak Case

 In Union Carbide Corporation v Union of India (AIR 1990 SC 273),

 UCC v UOI (AIR 1992 SC 248),

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AIMS AND OBJECTIVE

 TO KNOW THE ENVIRONMENTAL CRIME

 TO FIND OUT THE CRIMINAL REMEDIES FOR ENVIRONMENTAL PROTECTION

 TO KNOW THE AIM OF ENVIRONMENTAL PROTECTION LAWS

RESEARCH METHODOLOGY

Here doctrinal method has been used for the research. Related books from library, government
sources, websites and survey are done. Also bluebook 19th edition method has been used for
citation.

5
 CHAPTER-1(INTRODUCTION)
Environmental crime covers acts that breach environmental legislation and cause significant
harm or risk to the environment and human health. The most known areas of environmental
crime are the illegal emission or discharge of substances into air, water or soil, the illegal trade in
wildlife, illegal trade in ozone-depleting substances and the illegal shipment or dumping of
waste. Environmental crimes cause significant damage to the environment in India and the
world. “At the same time they provide for very high profits for perpetrators and relatively low
risks of detection. Very often, environmental crimes have a cross border aspect. Environmental
crime is a serious and growing problem that needs to be tackled at Indian level.

 According to Section 2(a) of the Environmental Protection Act, 1986, ‘Environment’

includes
a) Water, air and land
b) The inter-relationship which exists among and between,
i) water, air, land, and
ii) human beings, other living creatures, plants, microorganisms and property
The problem of environmental crime has been discussed in many international and Indian fora
for many years.”1 “There is now, the world over, proliferation of environmental laws operating at
various levels. Any discussion of this phenomenon must notice the paradigm changes in the
concept of standing (locus standi) as also the role of the court.

This initiation of public interest litigation, the timely demise of the law of standing, and the
expansive interpretation of Article 21 of the Constitution paved the way for the development of a
body of environmental law.” 2 The Supreme Court of India started showing concern about
environmental problems much before the Rio Treaty and long before it started reaching out to
international treaties to provide a jurisprudential basis for its decisions.

1
Anonymous, Environmental Crime, environment, (25/10/16), 12:46am,
http://ec.europa.eu/environment/legal/crime/

2
K. Rama Joga Rao, Use of Criminal Law Machinery for Environment Protection, eb-India.com, (25/10/16),
12:55am, http://www.ebc-india.com/lawyer/articles/2001v7a7.htm

6
“The Environmental Crime Prevention Program (ECPP) was an organization which tracked
dumped nuclear waste, including Soviet nuclear missiles left over from the Cold War. The
website of Environmental Security International quotes Scaramella as describing the mission of
the ECPP as "providing environmental protection and security through technology on a global
basis, particularly for developing nations.”3

India has been, since 1972, taking positive steps towards environmental protection, as a result of
which, a host of environmental legislations have evolved. They include amongst others, the core
legislations viz: The Environment (Protection) Act 1986 (“EPA”); Water (Prevention and
Control of Pollution) Act, 1974 (“Water Act”); The Air (Prevention and Control of Pollution)
Act, 1981 (“Air Act”); and other legislations has been enacted. “The courts along with
specialised tribunals such as the National Environment Tribunal and National Environment
Appellate Authority are responsible for enforcing environmental laws. In fact, specialised
authorities have been set up by the Supreme Court of India for specific purposes, such as the
Central Empowered Committee which supervises all the environment related matters.”4

3
Anonymous , Environmental law in the northern areas, environmental defenders office, (25/10/16), 12:57am,
http://edont.org.au/factsheets/criminal-civil-administrative-laws/
4
Ajay Shaw, the international comparative guide to environmental law, global legal group, (25/10/16), 1:10am,
http://dsklegal.com/html/pdf/env10_chapter24_india.pdf

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CHAPTER-2(ENVIIRONMENTAL CRIME-PUBLIC
NUISANCE)
“Public Nuisance under the Indian Penal Code focuses on the operation of the law of nuisance
through specific statutory provisions in the Civil and Criminal Codes of India. The Indian penal
Code of 1860 contains elaborate provisions defining the crime of public nuisance in its various
aspects and instances and prescribes punishments.”5 Chapter XIV of the Indian Penal Code deals
with offences affecting public health, safety, convenience, decency and morals. While Section
268 defines Public Nuisance, there are two specific sections dealing with the fouling of water
(Section 277) and making the atmosphere noxious to health (section 278) which could be used
against perpetrators of water and air pollution.

Sec 268. Public nuisance – A person is guilty of a public nuisance who does any act or is guilty
of an illegal omission which causes any common injury, danger or annoyance to the public or to
the people in general who dwell or occupy property in the vicinity, or which must necessarily
cause injury, obstruction, danger or annoyance to persons who may have occasion to use any
public right. A common nuisance is not excused on the ground that it causes some convenience
or advantage.

Sec 277. Fouling water of public spring or reservoir – Whoever voluntarily corrupts or fouls the
water of any public spring or reservoir, so as to render it less fit for the purpose for which it is
ordinarily used, shall be punished with imprisonment of either description for a term which may
extend to three months, or with fine which may extend to five hundred rupees, or with both.

Sec 278. Making atmosphere noxious to health – Whoever voluntarily vitiates the atmosphere in
any place so as to make it noxious to the health of persons in general dwelling or carrying on
business in the neighborhood or passing along a public way, shall be punished with fine which
may extend to five hundred rupees.

5
Anonymous, INTRODUCTION TO ENVIRONMENTAL LAW AND POLICY , (25/10/16), 7:30pm,
http://cdem.somaiya.edu/media/pdf/Env%20Law%20and%20policy%20.pdf

8
Sec 290. Punishment for public nuisance in cases not otherwise provided for.—Whoever
commits a public nuisance in any case not otherwise punishable by this Code, shall be punished
with fine which may extend to two hundred rupees.

Municipal Council Ratlam v Vardhichand and ors. AIR 1980 SC 1622

The residents of a locality within the limits of Ratlam Municipality, tormented by stench and
stink by open drains and public excretions by nearby slum dwellers moved the Sub-Divisional
Magistrate under Sec. 133 CrPC to require the Municipality to construct drain pipes with the
flow of water to wash the filth and stop the stench towards the members of the Public. The
Municipality pleaded paucity of funds as the chief cause of disability to carry out its duties.
The Magistrate gave directions to the Municipality to draft a plan within six months for
removing nuisance. The High Court approved the order of the Magistrate, to which the
Municipality further appealed to the Supreme Court.
The issue was whether a Court can compel a statutory body to carry out its duties to the
community by constructing sanitation facilities?
The Supreme Court through J. Krishna Iyer, upheld the order of the High Court and directed the
Municipality to take immediate action within its statutory powers to construct sufficient number
of public latrines, provide water supply and scavenging services, to construct drains, cesspools
and to provide basic amenities to he public.
The Court also accepted the use of sec. 133 CrPC for removal of public nuisance. A responsible
municipal council constituted for the precise purpose of preserving public health and providing
better finances cannot run away from its principal duty by pleading financial inability.

The Ganga Water Pollution case: M C Mehta V. Union of India, AIR 1988, SC 1037
The owners of some tanneries near Kanpur were discharging their effluents from their factories
in Ganga without setting up primary treatment plants. The Supreme Court held that the financial
capacity of the tanneries should be considered as irrelevant while requiring them to establish
primary treatment plants. The Court directed to stop the running of these tanneries and also not
to let out trade effluents from the tanneries either directly or indirectly into the river Ganga
without subjecting the trade effluents to a permanent process by setting up primary treatment.

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The Bhopal Gas Leak Case

The Bhopal disaster raised complex legal questions about the liability of parent companies for
the acts of their subsidiaries, the responsibilities of multinational corporations engaged in
hazardous activities, the transfer of hazardous technologies and the applicable principles of
liability. Bhopal was inspirational factor for the judicial innovation in the area of evolving
principles of corporate liability for use of hazardous technology.

High Court :Justice Seth used English Rules of procedure to create an entitlement to interim
compensation (i.e. it is permissible for courts to grant relief of interim payment under the
substantive law of torts). Under the English rules, interim relief granted in personal injury cases
if a prima facie case is made out. He said that “more than prima facie case have been made out”
against the Carbide.
He observed that the principle of absolute liability without exceptions laid down in M.C. Mehta
case applied more vigorously to the Bhopal suit. He holds that Carbide is financially a viable
corporation with $ 6.5 billion unencumbered asset and $200millions encumbered assets plus an
insurance which could cover up to $250millions worth of damages. Given carbide’s resources, it
is eminently just that it meet a part of its liability by interim compensation (Rs.250cr.

In Union Carbide Corporation v Union of India (AIR 1990 SC 273), the Supreme Court
secured a compromise between the UCC and Government of India. Under the settlement, UCC
agreed to pay US $470 million in full and final settlement of all past, present and future claims
arising from the Bhopal disaster. In addition to facilitate the settlement, the Supreme Court
exercised its extraordinary jurisdiction and terminated all the civil, criminal and contempt of
court proceedings that had arisen out of the Bhopal disaster. It was declared by the court that if
the settlement fund is exhausted, the Union of India should make good the deficiency.

Review petition under Art.137 and writ petitions under Art.32 of the Constitution of India were
filed questioning the constitutional and under the Bhopal Act (providing for the registration and
processing of claims) and the resultant categorization of the victims was also upheld. It was laid
down that there is no need to tie down the tortfeasor to future liability [UCC v UOI AIR 1992 SC
248].

10
Criminal Liability of Carbide Officials:

In UCC v UOI (AIR 1992 SC 248), the supreme court reinstate criminal charges for homicide
not amounting to murder’ (Sec. 304,Part II, IPC) against top executives at Union Carbide( viz.
nine UCIL employees and three foreign accused, including Warren Anderson, the CEO) while
uploading the rest of the settlement. The CBI in December 1993 finally prepared the documents
necessary to extradite Warren Anderson.

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 CHAPTER-3(JUDICIAL REMEDIES)
“The Indian Criminal Procedure Code of 1973 has a significant chapter on maintenance of public
order and tranquility, which falls into four parts. Part A deals with unlawful assemblies (Section
129-132), Part B with public nuisance (Sections 133-143), Part C with urgent cases of nuisance
or apprehended danger (Section 144), and part D with disputes as to immovable property
(Sections 145- 148). Most relevant in our present context is Section 133, which has been resorted
to as an effective remedy to abate public nuisance in instances of environmental harm.” 6 This
provision empowers a District Magistrate to pas conditional orders for the removal of nuisances.
This section is supplemented with ancillary provisions, contained in Sections 134 to 143 of the
Code, to constitute a comprehensive procedure tackling public nuisance.

Section 133 CrPC provides a speedy and summary remedy in case of urgency where damages to
public interest or public health etc. is concerned It runs as under:

"133. (1) Whenever a District Magistrate or a Sub-Divisional Magistrate or any other Executive
Magistrate specially empowered in this behalf by the State Government, on receiving the report
of a police officer or other information on taking such evidence (if any) as he thinks fit,
considers.

“Environmental law violators are usually hit with criminal fines, probation, jail time, or a
combination of these punishments. While jail time may be the most formidable punishment for
individuals who commit environmental crimes, fines are intended to deter large corporations
from violating environmental laws and regulations. Without the threat of heavy monetary
punishment, some corporations might find that noncompliance is more cost-effective than
obeying the law. Environmental crime fines are meant to offset the financial allure of activities
such as illegal dumping.” 7 Enforcement is often carried out by joint task forces, which are
composed of representatives from federal, state, and local organizations. At the federal level, the
Environmental Protection Agency (EPA) has enforcement authority over environmental law
violations.
6
Anonymous, Judicial-Remedies-for-Environment-Pollution, scribd, (25/10/16), 7:58pm,
https://www.scribd.com/doc/100506686/Judicial-Remedies-for-Environment-Pollution

7
Anonymous , role-indian-judiciary-protection-environment-india, lawctopus, (25/10/16), 8:18pm,
http://www.lawctopus.com/academike/role-indian-judiciary-protection-environment-india/

12
“For invoking jurisdiction under Section 133(1) CrPC it is not necessary that there should always
be danger or inconvenience to public at large but even if danger or inconvenience is about to be
caused, it is actionable under Section 133(1) and 138 CrPC.But the Magistrate has to act purely
in the interest of the public. Drastic powers are conferred by Section 133(1). Those powers
should be sparingly used. Any order made under Section 136 without notice under Section
133(1) is bad, consequential order under Section 144 is also bad.”8

Conditions precedent for the application of Section 133 CrPC

In order to provide a sanction under Section 133 the Magistrate must be satisfied that-

1. It is a public nuisance i.e. the number of persons injuriously affected is so considerable that
they may reasonably be regarded as the public or a portion of it.

2. It is not a private dispute between different members of the public for which the proper forum
is the civil court.

3. It is a case of great emergency of imminent danger to the public interest

“There are other special or local laws dealing with nuisance. But the Magistrate's power to act
under Section 133 is not affected by them. Even the Water (Prevention and Control of Pollution)
Act, 1974 has not taken away powers of the Sub-Divisional Magistrate under Section 133 CrPC.
The Sub-Divisional Magistrate has power to close a factory causing pollution, when appreciation
certificate from the Pollution Control Board is not produced.”9

8
Anonymous, common law: trepass, negligence, nuisance, edowa.org , (25/10/16), 8:45pm,
http://www.edowa.org.au/files/factsheets/iel_commonlaw.pdf

9
Advrudra Advocate at High Court Calcutta, Environmental Laws and Constitutional Provisions In India,
legalservicesindia, (25/10/16), 9:02pm, http://www.legalservicesindia.com/article/article/environmental-laws-and-
constitutional-provisions-in-india-1926-1.html

13
Order of proceedings under Section 133

(1) issue of conditional ex parte orders

(2) service of order

(3) person to obey or show cause

(4) in urgency, issue of temporary injunction

(5) enquiry and findings' recording

(6) examination by an expert

(7) dropping or continuing the proceedings

(8) enforcement

“ But while passing an order under Section 133 the Magistrate should be very keen about the
complaint and also should see the fulfilment of the required conditions as stipulated. Otherwise
the order passed by such Magistrate can be held illegal as it was in Chabila Roy v. State.”10

10
Dr. Amar Nath Giri-NAGARJUNA-GROUP-NFCL,Green Decisions: Summary of some Important Judgments,
EHSQ, (25/10/16), 9:20pm, http://dramarnathgiri.blogspot.in/2012/08/green-decisions-summary-of-some.html

14
 Conclusion and suggestion:

From the above discussion, it is evident and clear that even prior to the
development of the Environment Protection Act, 1986 and the Rio Declaration the
Indian judiciary has set up a new jurisprudence for the environment protection and
also for the prevention of environmental pollution. If this thought is interpreted
further i.e. use of criminal machinery for the protection of the environment, it is
sure that the environmental problems can be solved speedily and economically, and
a revolutionary change can be brought not only to safeguard the environment but
also safeguard the lives of the public at large. Because in the present context as said
by Justice V.R. Krishna Iyer "it is not how many laws we have, it is how effectively
we implement". Hence invoking Section 133 CrPC and other relevant criminal
provisions under different laws will pave a way for the better environmental
governance and also for the abatement of environmental nuisance.

The powers vested to the Pollution Control Boards are not enough to prevent
pollution. The Boards do not have power to punish the violators but can launch
prosecution against them in the Courts which ultimately defeat the purpose and
object of the Environmental Laws due to long delays in deciding the cases. Thus, it
is imperatively necessary to give more powers to the Boards.

What we need is social awareness from below, not laws from the above. No law
works out smoothly unless the interaction is voluntary. In order to educate people
about the environmental issues, there sh ould be exhibition of slides in the regional
languages at cinema houses and television free of cost. Further, as directed by the
Supreme Court of India in M C Mehta Case (M C Mehta V Union of India 1992, SC
382) school and college levels in graded system s o that there should be general
growth of awareness.

15
Bibliography
 Anonymous, Environmental Crime, environment,
http://ec.europa.eu/environment/legal/crime/

 K. Rama Joga Rao, Use of Criminal Law Machinery for Environment Protection, eb-
India.com, http://www.ebc-india.com/lawyer/articles/2001v7a7.htm

 Anonymous , Environmental law in the northern areas, environmental defenders office,

http://edont.org.au/factsheets/criminal-civil-administrative-laws/

 Ajay Shaw, the international comparative guide to environmental law, global legal group,
http://dsklegal.com/html/pdf/env10_chapter24_india.pdf

 Anonymous, INTRODUCTION TO ENVIRONMENTAL LAW AND POLICY ,

http://cdem.somaiya.edu/media/pdf/Env%20Law%20and%20policy%20.pdf

 Anonymous, Judicial-Remedies-for-Environment-Pollution, scribd,

https://www.scribd.com/doc/100506686/Judicial-Remedies-for-Environment-Pollution

 Anonymous , role-indian-judiciary-protection-environment-india, lawctopus,

http://www.lawctopus.com/academike/role-indian-judiciary-protection-environment-
india/

 Anonymous, common law: trepass, negligence, nuisance, edowa.org ,

http://www.edowa.org.au/files/factsheets/iel_commonlaw.pdf

16
 Advrudra Advocate at High Court Calcutta, Environmental Laws and Constitutional
Provisions In India, legalservicesindia,
http://www.legalservicesindia.com/article/article/environmental-laws-and-constitutional-
provisions-in-india-1926-1.html

 Dr. Amar Nath Giri-NAGARJUNA-GROUP-NFCL,Green Decisions: Summary of some

Important Judgments, EHSQ, http://dramarnathgiri.blogspot.in/2012/08/green-decisions-
summary-of-some.html

17