ByAP Maheshwari
It is high time that Environmental Crimes were given our full attention. To prevent further degradation of the essential basis of our survival, we must first understand the environment holistically. We need to pay more attention to the rise in temperatures, changes in weather patterns, the emergence of new extremes or calamities in nature, and then the areas of concern. Both awareness and deterrence are important in order to prevent further deterioration of the very basis of our survival.
According to UN rating, environmental crimes were fourth in the list of organized crimes. They include illicit trade in wildlife and timber, hazardous waste, and ozone-depleting substances. Drug trafficking is the third most important, followed by arms trafficking and human trafficking. The Indian Environment Protection Act also places emphasis on water and air on one side and living creatures, plants and microorganisms on the other. There are many enactments like the Noise Pollution Act (Cigarette & Tobacco Products Act), Cigarette & Tobacco Products Act; Air & Water Prevention & Control of Pollution Act), Energy Conservation Act and National Green Tribunal Act. Although environmental related offences have increased more than 50-60% per annum over the last few years, authorities still lack the necessary awareness and cognizance to prevent their recurrence. We have a long way to go. If we look at the source of air pollution, 51% is generated by industries, 27% from vehicles, and the remainder by various human activities. It is clear that we have been reducing the intrinsic features that support a healthy environment for us. On the other hand, pollution levels have increased beyond what Nature can do in its holistic form. The policy of commercial exploitation in the past of wild life and forests is one of the most significant threats to the environment’s sustainability. After being checked, they were able to get away with poaching and smuggling, despite the huge margins available on the illegal global marketplace. Similar to the human-led aggravating variables, the use fossil fuels for their energy needs and the absence of alternative energy options or technologies has been a common example.
We are not only signatories to many international conventions over a time period, but it is also pertinent to highlight that our constitution contains environmental protection as a core responsibility under article 51 (A). Courts have recognized the right to environment and declared Precautionary Principle and Polluter Pays Principle essential elements of sustainable development.
Although the legal protocols are in place, it is important that you note that offences come with a very small fine. The only thing that can deter criminals is the confiscation of their instrumentalism, i.e., vehicles etc. We realized that enactments alone were not sufficient to deter crime, so special bodies like the WildLife Crime Control Bureau, National Green Tribunal and Pollution Control Boards were created. Their perpetrators are still thriving, despite their low risk and high profits. Most of these cases are complaint cases. No direct cognizance is taken. Ironically, there is actually a trial prior to the trial. No headway worth mentioning has been made in any of the 60,000+ cases that were registered in 2019-20. No large syndicate has been found. Only 3% of substantive cases have been convicted. Additionally, investigative capacities are limited and support for forensic investigations is inadequate.
International operatives are involved making the situation even more difficult. Due to the rapid globalization of communications and the ease of communication, many other syndicates have merged to exploit this situation through local criminal networks. UNODC research clearly shows that this nexus also smuggles ozone-depleting chemicals. Given the variety of scientific and behavioral developments, international cooperation, intelligence-led operations and the assistance from National level forensic facilities are essential to ensure success. This is a huge task but it can be done.
We need diplomatic efforts at the global level to bring countries on the same page through international organizations and develop common protocols. It is important that developed countries provide better funding options to assist developing countries in their transition. This would be difficult for many of them, who are still struggling to make ends work.
Integration is required for domestic law because of the sheer number of laws. A lack of integration means that agencies will continue to work within their respective areas and overlook the elephant in the room. I recall a common case in a set where I was the advisor after an incident. In that case, a water source was damaged while building a cricket ground. All departments followed their respective domain-obligations. However, no one took a holistic approach to the revival of the lakes and its future. Therefore, we need to develop a cohesive coordination system.
But laws cannot control everything. Like anti-smoking campaigns, we need to take up awareness drives to ignite community-consciousness toward environmental protection too. While policy makers must plan ways and means to keep the environment clean and green at the macro-level, they also need to consider technologies, waste management, carbon harvesting, and other issues.The micro level is where people need to learn how they can minimize their carbon footprints. Minimalism is the habit of using electric vehicles or public transport, reducing electricity consumption, and creating green cover. These are just a few of the many examples.
We need to be able to respond to multiple core-areas, as environmental distortions can lead to disasters and other life-threatening issues. Environmental degradation has caused 12 million deaths worldwide, and 3,000,000 in India. More than 30% of the diseases can be attributed to pollution of different kinds. These domains require a lot of research and development to restore biodiversity imbalances and develop neo equilibriums that can better manage micro-organisms. Human intervention with half-baked information has created such imbalances that it is now difficult to correct. As expected, a rise in temperature from 1.5 to 3 degrees will cause a holocaust that is beyond everyone’s control.
Nature will restore its balance regardless of the loss of human life and habitats. He was not far from the truth. We must learn to live in harmony both individually and collectively.
(The author is Patron, Lung Care Foundation. He was a former IPS, Advisor for Lt Governor PY; DG CRPF and DG BPR&D. Financial Express Online does not endorse the views expressed. This content may not be reproduced without permission.