WHAT IS THE ENVIRONMENT THEORY OF CRIME?

This article is written by Ritika Sahni, an intern under Legal Vidhiya

INTRODUCTION

Environmental Criminology usually refers to Crime Events which usually involve the interaction of the Individuals who relate to the Economic, Social, Legal & Physical Surroundings of the Environment as well.

When we hear the first word ‘Environment’ our mind clicks towards the ‘Environment Pollution’ term, but no Environment Criminology is a different Concept.

Environment Criminology in simple terms is an Illegal Act which directly harms the Environment & makes the Environment affected by its harmful causes.

Illegal Activities which directly affect the Environment include Prohibition of the Natural Resources, Hunting of the Animals (Wildlife), & Biodiversity (which includes the Flaura & Fauna).

Environment Crime is a Serious Issue in our Surrounding Environment. This issue can’t be neglected or ignored. Environment Crime including the Illegal Trade in Wildlife, Illegal Trading of Hazardous Waste, Illegal Fishing & Logging etc.

Now, we need to understand that what does the term ‘Crime’ states something which is Illegal in our Society & for which the Individual is being Punished.

Crime Punishments depends upon the Crime committed by the Person. Usually, the Punishments vary with putting the Person in Prison to Fine Punishments.

Environment & Crime seems to be 2 different concepts but when they come together, they form the Concept to be termed as ‘Environment Criminology’.

The Main Question Arises What is the Environment Theory of Crime?

The term Environment Criminology usually refers to the Study of Crime, Criminality, to the places and secondly, the way how Individuals shape their activities in the Organizations.

Environment Crime includes several Primary Activities of Crime that are:

1. Wildlife Crimes.
2. Illegal Fishing.
3. Illegal Mining.
4. Illegal Logging.
5. Pollution Crimes.

Now, further we will study about the Environment Crime & its types deeply.[1]

Study of Crime

1. Meaning:

Term Crime is described as an Illegal Activity which is performed by an Individual for which that Individual is charged with the Punishment or with the Fine.

In other words, Crime is an offence which the Society generally disapproves of. But, in the modern sense if we talk about crime, it is an act which is prohibited by the Penal Law in Force, and which usually results in Punishment.

1. Definitions of Crime:

Some of the definitions which were given up by the Renowned Jurists.

According to Bentham:  A Crime is an Offence in whatever the Legislature has been prohibited for the Good Reasons or for the Bad Reasons.

According to Paul W. Tappen: Crime is defined as an Intentional Act performed in the Violation against the Criminal Law, without any Justification or Sanction by the Law.

According to Paton: Crime is defined as the Normal Marks in which the State has the power to control the Procedure, to remit the Penalty on the Individual who has committed the Crime or to Charge up him with the Punishment (putting him in Prison).

1. Essential Elements of Crime:
2. A Human Being
3. Evil Intensions or Guilty Mind (in other words termed as the Mens Rea)
4. An Act which is being committed by an Evil Intent is usually forbidden by the Law (in other words termed as the Actus Reus)
5. Injury

1. Human Being: For the committing of the Crime there is always one person present who commits that crime he is termed as the Individual or in other words Human Being. Usually, the human being performs his act of Committing the Crime & after that he is being Punished for it also.

• Mens Rea: It usually refers to the Mental Element which helps in Committing the Crime. Any wrongful act which is being committed by a Human Being cannot be termed as a Crime until & unless there is an Evil Intent behind it for performing such Crime.
• Actus Reus: It usually refers to the Human Conduct who usually goes against the Law to the Crime & imagines himself that he won’t be punished for his Sins. But our Indian Law makes sure that the Individual who has committed the Crime must be Punished for his Sins.

• Injury: Injury is generally termed as any harm which is caused to the victim by the Individual who has committed the Crime.                                                                  Harm ness caused to the Victim could be in any form such as Harm to his Body (like murderer), Mental Torture, damaging his Reputation in the Society, or in his Workplace, Causing Harm to his Property.

1. 7 Categories of Crime according to the Indian Penal Code (IPC)

The Categories of Crime is done into 2 broad Categories:

1. In the English Law.
2. Under the Indian Law.

Under English Law: The Crime under this is broadly classified into 2 Types:

1. Felonies: This usually refers to the Serious Offences of the Crime. It could be as: Murderer, Rape, Kidnapping etc.

• Misdemeanors: This usually refers to the Less Serious Offences of the Crime. It usually includes Snatching, Theft, Robbery etc.

Under Indian Law: Our Indian Law, which comes under the Indian Penal Code, 1960 has broadly classified the offences into 7 Categories:

1. Offences Against the Human Body: The Indian Penal Code states the harm & injury which is caused to the Victim by the Individual who has committed the Crime.  The Crime conducted under this offence includes Attempt to Murder, Dowry, Death, Kidnapping Cases etc.  It is an important point to note that our IPC includes all the offences that affect the Human Body, but it doesn’t include the offences related to the Animals.

• Offences Against the Property: The Indian Penal Code includes the offences which are against the property whether it is Movable or Immovable Property. The offences are described under Section 378- 462 of the IPC.  The Crime, which is conducted under these offences are Robbery, Mischief, House theft etc.

• Offences Relating to Public Tranquility:  The Indian Penal Code has mentioned this offence under the Section 141 to 160. This offence is related to the Peace of the Society Members.  When someone disturbs the Peace of Society then the IPC is implemented. The Crime which is conducted under this offence is Unlawful Assembly, Rioting, Affray etc. 

• Offences Related to Document: The Indian Penal Code covers these offences under the Section 463 to 489E of IPC. This is the offence which is usually related to the Documents of the Property Marks. The Crime which is being conducted under this offence usually includes Forgery, Using of the Forged Documents or Property Marks, Currency Notes etc.

• Offences Against Women & Child: The Indian Penal Code usually contains the offences which are being related to the Women & Child offences.  The Crime conducted under these offences are Acid Attack, Stalking, Rape these are the offences which are against the women; the crime offences against the children includes Death of Unborn Child, Kidnapping etc.

• Offences Against the State & Terrorism: The Indian Penal Code has covered these offences under the Section 121 to 130. It includes the offences which are usually related & planned against the Government of India & State. The Crime conducted under these offences are War, Sedition etc.

• Offences Related to Elections: The Indian Penal Code ensures that the Crime should not be committed under this. The main aim of the code is to ensure the fair elections so that no one is influenced by their Legal Rights. The Crime offences under these offences are Bribery, Undue Influence at the Elections etc.[2]

CASE LAWS

CASE 1

Moosa vs Sub Inspector of Police on 23 December 2005

This Case was related to the Criminal Miscellaneous Case which was filed under Section 432 of the Code of Criminal Procedure. This was a case of Harassment of Weapon.

CASE 2

State of Rajasthan vs Shri B.K. Mehta & Others on 27 September 1996

Tribunal founded that the Charge Sheet in the Criminal Case & the Memo of the Charges in the Disciplinary Proceedings. 

The Criminal Court stated that the Employer should stay the Domestic Enquiry pending the final Disposal of the Criminal Case.[3]

ENVIRONMENT CRIME

1. Meaning:

Environmental Criminology usually refers to Crime Events which usually involve the interaction of the Individuals who relate to the Economic, Social, Legal & Physical Surroundings of the Environment as well.

When we hear the first word ‘Environment’ our mind clicks towards the ‘Environment Pollution’ term, but no Environment Criminology is a different Concept.

Environment Criminology in simple terms is an Illegal Act which directly harms the Environment & makes the Environment affected by its harmful causes.

Illegal Activities which directly affect the Environment include Prohibition of the Natural Resources, Hunting of the Animals (Wildlife), & Biodiversity (which includes the Flaura & Fauna).

Environment Crime is a Serious Issue in our Surrounding Environment. This issue can’t be neglected or ignored. Environment Crime including the Illegal Trade in Wildlife, Illegal Trading of Hazardous Waste, Illegal Fishing & Logging etc. Environment & Crime seems to be 2 different concepts but when they come together, they form the Concept to be termed as ‘Environment Criminology’.

The Main Question Arises What is the Environment Theory of Crime?

The term Environment Criminology usually refers to the Study of Crime, Criminality, to the places and secondly, the way how Individuals shape their activities in the Organizations.

1. Environment Crime includes several Primary Activities of Crime that are:
2. Wildlife Crimes.
3. Illegal Fishing.
4. Illegal Mining.
5. Illegal Logging.
6. Pollution Crimes.

Now, let’s explain these types of Environment Crime:

1. Wildlife Crime: Wildlife Crimes usually refer to the crime which is related to Wildlife Activity. Wildlife Crime is the most dangerous crime which involves Wild Animal Traffic Activity.                                                                                                                                In simple terms it means selling off the Least species of the Animals making it as a profitable Business in the World.                                                                                                     The Rarer Species of the Animal will be more Endangered that animal will be, and the Higher Price would be given for that Particular Species as it is sold in the Market which is termed as the Black Marketing.                      

SPECIES WHICH HAS THE HIGHEST DEMAND ARE:

1. Tropical Birds – Macaws, Parrots.
2. Reptiles           – Snakes, Crocodiles.
3. Monkeys         – Lemurs, Chimpanzees

These Animals are being sold because of their Parts, as they are Ivory.

• Pollution Crimes: This is one of the major problems of the Pollution it basically includes Noise Pollution, Water Pollution, Soil Pollution, Air Pollution.These kinds of Pollution usually harm the Environment in different ways but harm the environment which is common. Disposing of Waste directly into the Lake or River by the various Chemical Industries indirectly harming the Aquatic Animals etc.

• Illegal Fishing: This usually refers to the Fishing, which is illegal in some areas, without any permission catching of Fishes, & Aquatic Animals is totally Illegal. Usually what does the Fisherman does with the Large Sharks he catches that Shark & then cut their Fins & throw them back into the Water or Ocean or in any Prohibited Area, allowing them for their Slow Death & creating off the Infection for the other Aquatic Animals who are living in that Water.

• Illegal Logging: It usually refers to Deforestation (which means Cutting Down of Trees). We have recently seen & read the news related to the Amazon Forest how it catches up to the sudden Fire it was only due to the Deforestation Condition. Usually, people cut down the trees for their Furniture to cover up their Unfilled Space in Their Houses.

• Illegal Mining: It usually refers to the activities which are related to the Mining Activities which haven’t been carried out with Proper Permissions, Land Rights & Mining Licenses. These activities are basically carried out in India, America & Nigeria as well.   [4]                                                                                                      

CASE LAWS

CASE LAW 1

MP High Court Adv. Bar Association. Vs Union of India Ministry on 18^th May 2022

This case stated that there should be the Establishment of the Environment Courts so that the Cases related to the Environment Problems should be Figured out with the proper Solutions. The Law Commission also stated that the Multidisciplinary Issues should also involve the Environmental Cases.                                                                                                                                    According to this Case Statement it was stated that the Law is ready to provide the Establishment of the Environment Courts in the Future.

CASE LAW 2

Himachal Pradesh Bus Stand vs The Central Empowered Committee on 12^th January 2021

This Case included the Analysis of the Environmental Rule of Law, Role of the Courts which ensures Environmental Protection & also including the Illegal Activities which are involved in it.[5]

CONCLUSION

So, here we have studied the Concept ‘What is the Environment Theory of Crime?’.

Along with this we have studied about the:

1. Crime
2. Environment Crime.

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[1] www.google.com

Study.com

[2] www.writinglaw.com

[3] Indiankanoon.org

[4] airly.org

[5] Indiankannon.org