ENVIRONMENTAL AND WILDLIFE CRIMES

This article is written by Minal Mishra of 7^th semester of School of Legal Studies, Reva University, an intern under Legal Vidhiya

Abstract

Environmental crimes, by their very essence, transcend borders and involve cross-border criminal networks. The journey of illicit goods, such as tiger skins and ivory tusks, as well as illegally harvested timber, from their origin to their final destinations is characterized by multiple intermediaries. The era of global free trade and seamless communication serves to amplify the activities of these criminal syndicates. Comparably grave to societal crimes, environmental offenses blatantly violate international treaties. Primarily driven by financial gains, these crimes exhibit consistent attributes: organized networks, porous borders, illicit migration, corruption, money laundering, and exploitation of marginalized communities.

At its core, this study delves into crimes against the environment, emphasizing the interplay with legal dimensions. It seeks to comprehend the relationship between law and environmental damage caused by human actions. Through this exploration, it aims to unravel the perplexing paradox wherein humans harm both their environment and them. Law, as a commanding authority backed by sanctions, assumes a pivotal role in this discourse.

Keywords

Environmental crimes, Cross-border networks, Illicit trade, Global free trade, Wildlife crimes

Introduction

The delicate balance of Earth’s ecosystems heavily depends on its flora and fauna. However, the threat posed by wildlife crimes, spanning elephant ivory poaching to illicit plant trafficking, endangers this equilibrium. These crimes, often crossing national borders, require a global response. The lucrative illegal wildlife trade is estimated at up to USD 20 billion annually. Criminals exploit the entire supply chain, involving poaching, transportation, processing, and sales, while also engaging in money laundering, corruption, and document falsification. Environmental crimes, equally grave as other societal issues, are predominantly driven by financial gain. Their hallmarks include organized networks, porous borders, irregular migration, and the exploitation of vulnerable communities.

Environmental crime, a highly profitable enterprise, draws organized criminal groups due to its enticing returns. Though quantifying its extent is challenging, wildlife crime alone amounts to billions annually. Illegal logging incurs a $15 billion loss for developing countries. The ease of profiting from raw materials through harvesting or poaching entices adaptable criminals. Yet, the convergence of significant profits, low detection risk, and inadequate penalties makes environmental crime exceedingly attractive.

Despite its classification as serious transnational organized crime, effective enforcement against wildlife crime remains lacking in many affected countries. This is concerning considering its potential to fund other criminal activities. Wildlife crime’s impact extends beyond endangering species; it deprives communities of income from wildlife tourism, undermining poverty alleviation efforts and global goals. The illegal trade in Asian big cat skins, driven by China’s markets, further highlights the scale of such activities.

Understanding Wildlife and Environmental Crimes

Wildlife and environmental crimes are distinctive categories within the realm of criminal activities. They encompass acts that directly or indirectly harm nature and its inhabitants. These crimes undermine the sustainable development of ecosystems, resulting in imbalances that reverberate throughout the interconnected web of life.

1. Diverse Offenses: Wildlife crimes encompass various activities, such as poaching, trafficking of protected species, and illegal hunting. Environmental crimes extend to illegal waste disposal, habitat destruction, and illegal logging. These offenses often cross borders due to the transnational nature of the trade, necessitating a global response.
2. Drivers and Motivations: Financial gain remains a prevalent motive behind these crimes. The high value placed on products derived from wildlife, such as ivory, exotic animals, and rare plants, fuels an underground market. Moreover, the pursuit of short-term economic interests often overshadows long-term environmental sustainability.
3. Impacts: The consequences of wildlife and environmental crimes are far-reaching. The loss of biodiversity disrupts ecosystems, rendering them more vulnerable to invasive species and disease. Moreover, these activities exacerbate climate change, threatening the planet’s health and the well-being of its inhabitants.

Economic Implications: Apart from their ecological toll, these crimes have economic implications. The depletion of wildlife and natural resources erodes the potential for ecotourism, a sector that generates significant revenue for many countries.

Nature and Motive of Environmental and wildlife crimes[1]

Environmental and wildlife crimes encompass actions that inflict harm upon the natural world and its inhabitants. This category of offenses is classified within the realm of organized global criminal activities, ranking as the fourth largest domain of organized crime. Termed “Green-Collar Crimes,” these transgressions encompass a range of activities including poaching, illegal wildlife trade, trading in unregulated and illicit goods (like timber, ivory, rhino horns, and sandalwood), unreported fishing, and illegal logging. Such crimes fall under the purview of the United Nations Inter-Regional Crime and Justice Research Institute.

These crimes are notably surging, as indicated by a substantial rise in reported cases within India from 2016 to 2017, marking an increase of approximately 790%. This escalation can be attributed to growing awareness of environmental and wildlife crimes, prompting governmental efforts to encourage reporting. The resultant upsurge in activist movements across the country aims to advocate for animal rights and bolster law enforcement to protect the environment. Motivations behind environmental crimes are often planned rather than impulsive. Financial gain remains a primary incentive, with many activities driven by the pursuit of monetary benefits. Yet, there are multifaceted motives underpinning these crimes, including the desire for control, territorial dominance, and monopolization.

Environmental and wildlife crimes inflict harm on nature and creatures, forming a significant sector within organized criminal activities. The surge in these offenses, heightened by increased awareness, underscores the need for vigilant enforcement and advocacy. Legal categorizations and motives further elucidate the complexity of these crimes, revealing their multifarious dimensions and impacts.

Legal Frameworks and Challenges[2]

Addressing wildlife and environmental crimes requires robust legal frameworks that transcend national boundaries. International agreements and conventions have been established to combat these offenses.

1. CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora): CITES is a landmark international treaty aimed at regulating and monitoring the cross-border trade of endangered plants and animals. CITES categorizes species into three appendices, each with varying levels of protection and trade restrictions. Member countries commit to enforcing these regulations, which include requiring permits for trade and monitoring trade volumes. While CITES represents a significant step toward curbing the illicit trade of wildlife, it does have limitations. The effectiveness of its enforcement relies heavily on the commitment of member countries and their ability to allocate resources to monitoring and implementation.
2. International Efforts: Global organizations like INTERPOL and the United Nations Office on Drugs and Crime (UNODC) recognize the serious nature of wildlife and environmental crimes. INTERPOL has established specialized units, such as the Environmental Crime Programme, to provide support and coordination to national law enforcement agencies. These units facilitate the exchange of intelligence, help in identifying criminal networks, and assist in cross-border operations. The UNODC works to strengthen international legal frameworks and assists countries in implementing legislation to combat these crimes. While these collaborative efforts are crucial, the global nature of these offenses often outpaces the resources available for enforcement.
3. Legislation: Countries around the world enact domestic laws to address wildlife and environmental crimes. These laws typically define offenses, establish penalties, and regulate trade and activities that harm the environment. However, challenges emerge due to inconsistent legislation across countries and differing definitions of specific crimes. Additionally, enforcement capabilities vary widely, often hampered by resource limitations, lack of expertise, and corruption within enforcement agencies. Some countries also lack adequate penalties to act as a deterrent against these crimes.

Challenges in Combating Wildlife and Environmental Crimes

Addressing wildlife and environmental crimes is riddled with complex challenges that span legal, practical, and social dimensions. These challenges often impede the effectiveness of efforts to curb these offenses and require careful consideration for successful solutions.

1. Complex Networks: Criminal organizations involved in wildlife and environmental crimes operate with a high degree of sophistication. These networks employ advanced communication technologies, evade detection by exploiting legal loopholes, and adapt swiftly to changing circumstances. Their intricate operations often span multiple jurisdictions, making it arduous for law enforcement agencies to track, infiltrate, and dismantle these networks effectively.
2. Corruption: The infiltration of corruption within law enforcement agencies, customs, and government bodies poses a significant hindrance. Corrupt officials may collaborate with criminal networks, providing them with information, forging permits, or facilitating the illegal trade. Such collusion undermines enforcement efforts, fosters a culture of impunity, and perpetuates criminal activities.
3. Resource Constraints: Adequate enforcement requires substantial resources, encompassing skilled personnel, cutting-edge technology, financial support, and comprehensive training. Many countries, particularly those in economically challenged regions, grapple with limited resources for combating wildlife and environmental crimes. This resource scarcity impedes their ability to conduct efficient surveillance, gather intelligence, and prosecute offenders, leaving these offenses largely unchecked.
4. Demand-Supply Dynamics: The persistent demand for wildlife products, driven by traditional beliefs, status symbols, and economic incentives, sustains the trade in these illicit goods. Reducing demand is as crucial as addressing supply chains. However, altering deeply ingrained consumer behaviors requires comprehensive public awareness campaigns, education, and advocacy efforts.

The Global perspective

The international community has made several declarations and entered into treaties aimed at combating environmental degradation. Two significant declarations stand out: the Stockholm Declaration of 1972 and the Rio Declaration of 1992. While these declarations aren’t legally binding, they underscore the moral responsibility of nations to prevent and rectify environmental harm.

The Stockholm Declaration, or the United Nations Conference on Human Environment, was the inaugural UN declaration focusing on environmental concerns. It outlined 26 principles intended to guide nations, irrespective of their developmental stage, in addressing environmental issues.

The Rio Declaration, also known as Agenda 21, succeeded the Stockholm Declaration. It retained the principles of the Stockholm Declaration while introducing new concepts like sustainable development and global partnership. Sustainable development emphasizes prudent resource utilization for future generations, while global partnership underscores collaborative efforts to counter environmental threats.

Turning to treaties, India has engaged in several international agreements. Notable among these are:

• The Antarctic Treaty: India joined in 1983. It prevents territorial capture of Antarctica, bans military activities in the region, and fosters international scientific cooperation.
• Basel Convention on Trans-boundary Movement of Hazardous Wastes[3] : India ratified this in 1992, giving rise to the Indian Hazardous Waste Management Rules Act. It aims to curtail cross-border hazardous waste movement, focusing on its source reduction.
• United Nations Framework Convention on Climate Change (UNFCCC)[4]: India signed and ratified this in 1992 and 1993 respectively. It emerged from concerns about carbon emissions and their contribution to global warming. The treaty aimed at international cooperation to mitigate carbon emissions and curb global warming, though effective results have been limited.
• United Nations Convention on Desertification[5]: India signed this treaty in 1994. Its objective is to foster international cooperation in combating desertification and mitigating its impacts, especially in drought-prone areas.

These treaties emphasize international cooperation and impose penalties, but limitations in resources, power, and cooperation have hindered their intended impact. While these agreements have not achieved their full potential due to various challenges, they remain essential frameworks for global collaboration in tackling environmental issues.Top of Form

Indian perspective and laws

In India, several acts have been enacted to address environmental concerns and safeguard natural resources. These acts collectively aim to ensure sustainable development, pollution control, and preservation of the planet’s ecological balance. Despite their diversity, these legislations share the common objective of protecting the environment while promoting progress. Notable among these are:

• The National Green Tribunal Act, 2010
• The Air Act, 1981
• The Water Act, 1974
• The Environment Protection Act, 1986
• The Wildlife Protection Act, 1972
• Hazardous Wastes (management, handling and trans-boundary) Rules, 2008
• The Forest Conservation Act, 1980
• The Public Liability Insurance Act, 1991
• The Biological Diversity Act, 2002
• The Noise Pollution (regulation and control) Act, 2000

These acts, while distinct in focus, interconnect due to their shared ultimate goal: preservation of the planet, pollution prevention, and sustainable development. These interlinking underscores the holistic approach required to address multifaceted environmental challenges.

Each act serves distinct objectives. For instance, the National Green Tribunal Act, 2010, aims to provide an efficient mechanism for environmental protection, compensation for damages, and the resolution of environmental disputes. The Air Act and the Water Act, both from the early 1980s, focus on preventing and controlling air and water pollution, respectively. Meanwhile, the Environment Protection Act, 1986, emphasizes the improvement of environmental conditions, the enforcement of the Stockholm Declaration’s principles, and punitive actions against environmental harm. The Wildlife Protection Act, 1972, prohibits the hunting of specified wildlife, mandates the management of protected areas, and regulates wildlife trade.

Major amendments have occurred to these laws. Some, such as the 2006 notification of Environmental Impact Assessment, relaxed infrastructure project regulations, resulting in concerns over environmental hazards. Conversely, amendments to the Motor Vehicles Act in 2019 significantly increased penalties for motor vehicle law violations, encouraging better compliance. The Factories Act of 1987, introduced after the Bhopal gas tragedy, introduced stringent regulations for factories to prevent environmental degradation.

These legislations have had a varying impact on India’s environment. While some have effectively prevented environmental damage, others have been less impactful. Positive impacts range from individual compliance to national-level changes. However, the effectiveness of these laws is dependent on consistent judicial involvement and interpretations.

While these legislative efforts demonstrate India’s concern for the environment, there remains a need for more efficient laws that create awareness, enhance judicial processes, and maintain firm accountability. These laws have shown their worth, and the government must continue prioritizing environmental protection alongside citizens’ needs. India’s evolution as a global environmental partner, particularly since 2015, signifies its commitment to sustainable progress. However, ongoing vigilance, revisions, and collaborative efforts are essential to ensure that these laws achieve their intended goals of preserving the environment and securing a sustainable future.

Landmark Indian cases

Municipal Council, Ratlam v. Vardhichand and Ors[6], Known as the Ratlam city case, this landmark judgment by the Indian Supreme Court recognized the impact of deteriorating urban environments on the impoverished urban population. The court deemed public health a human right, obliging the municipal council to take steps, especially in managing drainage facilities in Ratlam.

M.C Mehta v. Union of India (Shriram Industries Case)[7]– The Shriram gas leak case marked a pivotal moment in Indian environmental jurisprudence. Addressing a gas leak incident in Delhi, the court introduced the concept of absolute liability, compelling companies to compensate gas leak victims. It set a precedent by penalizing the accused for environmental damage.

M.C Mehta v. Union of India[8] (Ganga case)- A milestone for river rights, the Ganga pollution case led to the closure of many tanneries in Kanpur due to Ganga pollution. Justice E.S Venkataramiah analogized industries that fail to treat their workers fairly to those that lack proper pollution control measures. This decision underscored the importance of environmental responsibility.

Damages caused

The accurate damage as a consequence of environment or wildlife crimes is not humanly possible to calculate. The environment has been profoundly impacted by human actions, causing irreparable damage. Recovery remains possible if people comprehend certain statistics: Over 50 billion tons of natural resources are consumed annually. Deforestation’s rapid pace, even for nonessential purposes, will eradicate rainforests within 80 years, critical sources of oxygen. About 10 crore tons of hazardous waste were discarded in 2020. Predictions indicate humanity needs another habitable planet, depleting Earth’s resources. Coral reefs, providing crucial marine life habitat, are declining rapidly due to human-induced factors like rising temperatures and acidity. Fisheries, the planet’s life source, will vanish by 2050. Weekly, over 2 billion innocent creatures are consumed or destroyed. Ten thousand species vanish yearly due to human activity. Producing 1 kilogram of meat demands 50,000 liters of water. These impacts stem from one species among countless. This marks the sixth mass extinction event. “Earth can provide for needs, not greed” transforms from a quote to a harsh reality. A 10% reduction in meat consumption could alleviate starvation.[9]

Toward Solutions: Overcoming Complexities in Combating Wildlife and Environmental Crimes

Confronting the intricate challenges posed by wildlife and environmental crimes demands a multifaceted approach that addresses legal, operational, and societal dimensions. Despite the formidable obstacles, innovative solutions can pave the way for effective enforcement, conservation, and global cooperation.

1. Strengthening Enforcement: Bolstering the resources allocated to law enforcement agencies is a fundamental step. This involves investing in advanced technology for surveillance, intelligence gathering, and evidence collection. Equipping enforcement personnel with specialized training and skills enhances their effectiveness in identifying, tracking, and apprehending criminals. Furthermore, collaboration between countries and agencies is paramount, as these offenses often transcend national borders. Intelligence sharing, joint operations, and coordinated efforts can yield significant results in disrupting criminal networks.
2. Community Engagement: Local communities, particularly indigenous groups living in ecologically sensitive areas, play a pivotal role in combating wildlife and environmental crimes. Involving these communities as stewards of their land fosters a sense of ownership and responsibility. Their intimate knowledge of local ecosystems and traditional practices can aid in detecting illegal activities and providing vital information to law enforcement. Empowering these communities with the authority to protect their resources can serve as a formidable deterrent against criminal enterprises.
3. Public Awareness: Creating a widespread understanding of the ecological, ethical, and socioeconomic consequences of wildlife and environmental crimes is essential. Public awareness campaigns, educational programs, and advocacy efforts can shift societal attitudes and behaviours. By exposing the dark realities of these crimes, such initiatives discourage demand for illegal products and elevate the importance of preserving biodiversity and natural resources.
4. International Cooperation: The global nature of wildlife and environmental crimes necessitates collaboration on a global scale. Countries must harmonize legal frameworks to ensure consistency in definitions, penalties, and enforcement mechanisms. Interpol and other international organizations can facilitate communication and information sharing, enabling more effective tracking of criminal networks. Cross-border operations that target key players in the illegal trade can disrupt supply chains and undermine the profitability of these criminal enterprises.

Conclusion

In a world increasingly confronted by environmental challenges, efforts to address these issues have spanned legal frameworks, landmark judgments, global declarations, and international treaties. India’s journey towards environmental protection has been marked by its domestic legislation, such as the Wildlife Protection Act and the National Green Tribunal Act, that reflect its commitment to sustainable progress. The legal system has evolved to encompass both preventative and punitive measures against environmental crimes, fostering a balance between development and conservation. On the global stage, declarations like the Stockholm Declaration and the Rio Declaration, coupled with treaties like the Antarctic Treaty and the Basel Convention, have sought to promote international cooperation and shared responsibility in safeguarding the planet. While challenges persist, these legal instruments signify a concerted global effort to mitigate environmental degradation and pave the way for a more sustainable future.

References

• Environmental Investigation Agency (EIA)
• Book – Environmental Law by Dr. Paramjit S. Jaswal, Dr. Nishtha Jaswal, & Ms. Vibhuti Jaswal
• Patten, D. Motivations, opportunities, and controls of environmental crime: an empirical test of Kramer and Michalowski’s integrated theoretical model of state-corporate crime.
• Top of Form
• https://www.manupatrafast.com/ipAccess.aspx

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[1] Environmental Law by Dr. Paramjit S. Jaswal ,Dr. Nishtha Jaswal, & Ms. Vibhuti Jaswal

[2] Patten, D. Motivations, opportunities, and controls of environmental crime: an empirical test of Kramer and Michalowski’s integrated theoretical model of state-corporate crime.

[3] 1989

[4] 1992

[5] 1994

[6] 1980 AIR 1622, 1981 SCR (1)

[7] 1987 SCR (1) 819, AIR 1987 965

[8] 1988 AIR 1115, 1988 SCR (2) 530

[9] Environmental Investigation Agency (EIA)