Criminal Law: Machinery for the Protection of Environment
DOI:
https://doi.org/10.61841/fx7raj89Keywords:
Environment, Criminal Law, Degradation, Violation, ProtectionAbstract
Criminal Law has consistently been considered as the most proper medium to settle different social, financial and political issues. With the development and the improvement of society, it was seen that there was a continuous move in the law mediating procedure and criminal law was viewed as the most advantageous answer for serious issues. This was the explanation behind figuring one all-inclusive code for all infringement of laws and the violators to be punished with imprisonment and fine. In the previous decades, with urbanization and industrialization, a compelling impulse for the assurance and preservation of condition has additionally equipped around the world. Indian rules provided for the security of condition and the Lex loci, for example, The Indian Constitution has made it both a basic right as well as an essential obligation to secure and move in the direction of the preservation of the earth. The problem with Indian enactments lie in the way that these enactments have recently given the components for protection yet needed with respect to successful execution and implementation of the same. However, the inquiry has likewise happened with regards to the connection between criminal law and environmental protection. There have been endless discussions on the connection between criminal law and environmental law, the viability of criminal enactments in ensuring and advancing environmental law and the advantages and disadvantages of environmental protection measures. Along with these lines, more or less, it tends to be expressed in spite of the tremendous efforts by the different state lawmaking bodies and national legislation, environment is being exhausted, and it hassled to widespread destruction and devastation which should be controlled. The paper basically aims to point out the possible causes for environmental degradation and the criminal remedies to curb such degradation with special emphasis on the role of criminal law in protection of environment and the interrelationship between environment and criminal law.
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References
[1] Chhadha, S. (2013) Lectures on Environmental Law Central Law Publications: Allahabad p. 1
[2] Encyclopedia Britannica
[3] Section 2 (a) The Environment Protection Act, 1986
[4] https://www.um.edu.mt/library/oar/handle/123456789/6526
[5] Misra, S. N. (1999) The Indian Penal Code, Central Law Publications: Allahabad (17th Ed.) p.2
[6] Sutherland, E. H. (2003) Principles of Criminology, Universal Law Publishing Co: Lucknow (11th Ed.) p.4
[7] Blackstone, Commentaries on the Laws of England
[8] Supra note 2 p. 6
[9] Bharucha, E. (2015) Textbook of Environmental Studies for Undergraduate Courses University Press p. 4
[10] Supra note 2 p. 62
[11] Gaur, K. D. (2012) Textbook on The Indian Penal Code, Universal Law Publication (4th ed.) p. 386
[12] 1904 P. R. 9 of 1904
[13] (1957)1 All ER 894
[14] Section 274 & 275 of The Indian Penal Code, 1860
[15] (1877) 19 QB 582
[16] Section 133 of The Code of Criminal Procedure, 1973
[17] 1992 Cr.L.J. 379 Bom
[18] Kedar Nath v. Satish Chandra AIR 1940 Oudh 75
[19] AIR 1964 Ker 252
[20] 2004 (7) SC 72
[21] Section 52 of The Indian Forests Act, 1927
[22] AIR 1985 MP 130
[23] 1988 (1) Crimes 936 (H.P.)
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