CRIMINAL PROSECUTION FOR POLLUTION: TIME FOR A CHANGE

Under the problems of pollution, the legal idea of the environment becomes quite complicated. The unrelenting environmental degradation may lead to conflicts over already scarce natural resources, thus requiring an assessment of our existing mechanism to curb the pollution. The Indian judiciary has greatly aided the prevention and control of environmental pollution by offering new dimensions and principles to deal with the issues. This study takes its cue from a judgement of the Supreme Court of India, which holds pollution as a ‘Civil Wrong'. The study hypothesis that pollution is a ‘crime' rather than a ‘tort'. A qualitative research approach was adopted to test the hypothesis. Logical arguments were used to test the idea proposed. Interaction of pollution, criminal law, and law of torts was also explored. The article also addresses the likely arguments of over-criminalization of pollution, quantification of crime, competency of regulators, and the probability of detection of environmental offences. The study provides comments on criminal instruments to curb pollution in India. By establishing inefficiencies of various environmental laws and its poor implementation in the country, the study proposes a different approach for holistic environmental management. The study also identifies the limitations of judiciary in dealing with pollution. The dreadful failure to deal with environmental degradation adequately calls for a change in approach. Because the judiciary is bound to deliver justice within the constitutional ambit our approach should be to make judicial proceedings more impactful by replacing deficient laws and futile penalties into our constitutional framework with not just hefty fines but with harsh criminal punishments too.