The Union Ministry of Environment, tasked with protecting India’s forests and its environmental assets, Proposal to amend sections of major environmental laws And making them less of a threat to potential violators. India has eight cornerstone laws that define a regulatory framework to ensure that natural resources are not exploited unnecessarily, acts of pollution are apprehended and a mechanism to punish and deter violators Is. Under the provisions of the existing law, violators can be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to one lakh rupees, or with both. For continuance of contravention, there is an additional fine of up to ₹5,000 for every day during which such failure or contravention continues after conviction. There is also a provision to increase the jail sentence to seven years. Under the proposed new amendments, the ministry says it wants to do away with the “fear of imprisonment for simple contraventions”, and therefore imposes only monetary fines on such violations. However, serious environmental offenses that cause grievous injury or death will invite imprisonment under the Indian Penal Code. These penalties would be decided by an ‘adjudicating officer’ and transferred to the ‘Environmental Protection Fund’. In addition, the quantum of possible fine has been increased from Rs 1 lakh to Rs 5 crore. These proposals are not yet law and have been placed in the public domain for feedback.
The question of whether the threat of imprisonment serves as a deterrent has a long history with both supporters and opponents. The proposed amendments do not cover the destruction of forests and wildlife, which make up a large proportion of environmental offences, and will continue to invite existing penal provisions. Research on environmental crime in the United States and Europe shows that fines are the most common method of punishment. India has a long history of corporate violations as well as a very slow redressal system. An analysis by the Center for Science and Environment found that Indian courts took 9-33 years to clear the backlog of environmental violation cases. Starting in 2018, about 45,000 cases were pending for trial and another 35,000 cases were added that year. Five of the seven major environmental laws had more than 90% cases pending for trial. While fines could theoretically help with faster redress, protests against larger environmental fines will continue in the courts, adding to the prevailing practice of retarded justice. The threat of imprisonment may serve as a deterrent in India where the effectiveness of environmental regulation is on par. Justice for environmental crimes must be delivered quickly and equitably before the law is tampered with to make it less foreseen.