Environmental And Wildlife Crime
🐾 Environmental and Wildlife Crime
🔍 Understanding Environmental and Wildlife Crimes
Environmental and wildlife crimes refer to illegal acts that cause harm to the environment, biodiversity, and protected flora and fauna. These crimes typically include:
Illegal hunting or poaching of protected species
Deforestation and illegal logging
Pollution of air, water, and soil
Unauthorized mining and land encroachments in forest areas
Trade in endangered wildlife and their derivatives
Key Laws Involved:
Wildlife (Protection) Act, 1972
Environment (Protection) Act, 1986
Forest Conservation Act, 1980
Air (Prevention and Control of Pollution) Act, 1981
Water (Prevention and Control of Pollution) Act, 1974
Indian Penal Code (Sections 268, 278, 429, etc.)
Constitutional Articles 48-A and 51-A(g)
🧑⚖️ Landmark Case Laws on Environmental and Wildlife Crimes
1. M.C. Mehta v. Union of India (Ganga Pollution Case, 1988 & onwards)
Citation: AIR 1988 SC 1037
Facts:
The petitioner sought action against industries discharging toxic waste into the Ganga River.
It involved tanneries and other polluting industries operating without proper treatment plants.
Supreme Court’s Judgment:
Directed closure of polluting units.
Held that the "right to a clean environment" is part of the right to life under Article 21.
Introduced the “Polluter Pays Principle” and mandated industries to install effluent treatment plants.
Significance:
Established judicial activism in environmental protection.
Reinforced Article 21 as a constitutional basis for environmental rights.
2. T.N. Godavarman Thirumulpad v. Union of India (1996 onwards)
Citation: (1997) 2 SCC 267
Facts:
The case began as a writ petition to protect forests in Tamil Nadu but expanded to all of India.
Supreme Court’s Action:
Interpreted “forest” in a wide sense — not just notified forests but all lands fulfilling forest criteria.
Banned felling of trees in many forest areas.
Led to the formation of the Central Empowered Committee (CEC) for forest conservation.
Halted illegal mining and encroachment in protected areas.
Significance:
Landmark case that brought sweeping forest conservation reforms.
Judicial monitoring over deforestation and wildlife protection.
3. Centre for Environmental Law, WWF v. Union of India (Project Tiger Case, 2013)
Citation: (2013) 8 SCC 234
Facts:
The case dealt with the failure of governments in protecting tigers and implementing the Wildlife Protection Act effectively.
Court's Decision:
Directed setting up of National Tiger Conservation Authority (NTCA).
Emphasized strict protection of core tiger habitats and buffer zones.
Held that conservation of endangered species is a constitutional obligation under Articles 48-A and 51-A(g).
Significance:
Strengthened tiger conservation efforts.
Laid down the principle that development cannot be at the cost of wildlife survival.
4. Animal Welfare Board of India v. A. Nagaraja (Jallikattu Case, 2014)
Citation: (2014) 7 SCC 547
Facts:
The case challenged the Tamil Nadu practice of Jallikattu, claiming cruelty to bulls.
Supreme Court’s Holding:
Banned Jallikattu, holding it violated the Prevention of Cruelty to Animals Act, 1960.
Recognized animal rights under the expanded meaning of Article 21.
Introduced the concept of “species best interest” and ecological responsibility.
Significance:
Groundbreaking in recognizing animal dignity and welfare.
Influential in wildlife and animal rights jurisprudence.
5. State of Bihar v. Murad Ali Khan (1988)
Citation: AIR 1989 SC 1
Facts:
Concerned the killing of elephants, a Schedule I protected species under the Wildlife (Protection) Act, 1972.
Supreme Court’s Observations:
Held that offences under the Wildlife Act are to be dealt with seriously.
Emphasized the importance of maintaining ecological balance and biodiversity.
Directed strong action against poachers and illegal hunters.
Significance:
One of the early cases reinforcing the seriousness of wildlife offences.
Set the tone for strict interpretation of wildlife protection statutes.
6. Goa Foundation v. Union of India (Mining in Forest Areas, 2014)
Citation: (2014) 6 SCC 590
Facts:
Alleged illegal iron ore mining in Goa’s forests and eco-sensitive areas.
Court's Verdict:
Held that mining leases were granted in violation of environmental laws.
Cancelled all leases and ordered a fresh environmental impact assessment.
Reinforced the precautionary principle and sustainable development norms.
Significance:
Major decision against environmental crimes involving corporations.
Balanced environmental preservation with economic interests.
7. Vellore Citizens' Welfare Forum v. Union of India (1996)
Citation: (1996) 5 SCC 647
Facts:
The case challenged pollution caused by tanneries in Tamil Nadu.
Supreme Court’s Ruling:
Recognized the “Precautionary Principle” and “Polluter Pays Principle” as essential to environmental jurisprudence.
Directed closure of polluting units and compensation to affected villagers.
Reiterated that environmental protection is an integral part of Article 21.
Significance:
Laid down foundational principles for environmental liability and sustainable development.
Widely cited in later environmental crime cases.
⚖️ Key Legal Doctrines Applied in These Cases
| Principle | Explanation |
|---|---|
| Polluter Pays Principle | The polluter must compensate for the damage caused. |
| Precautionary Principle | Prevent environmental harm even if full scientific certainty is absent. |
| Sustainable Development | Economic growth must not come at the cost of ecological destruction. |
| Intergenerational Equity | Current generation holds the environment in trust for future generations. |
| Right to a Healthy Environment | Recognized as part of the Right to Life under Article 21. |
| Ecocentric Approach | Nature and wildlife have intrinsic value beyond human use. |
🌿 Conclusion
Environmental and wildlife crimes pose severe threats to ecological balance, biodiversity, and public health. The judiciary, especially the Supreme Court of India, has played a pivotal role in strengthening environmental protection through expansive interpretations of constitutional and statutory provisions. The landmark cases listed above reflect the growing jurisprudence that prioritizes conservation, sustainability, and intergenerational justice.
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