ABSTRACT

ENVIRONMENTAL PROTECTION THROUGH

CONTEMPARARY CRIMINAL LAW

‘Environment’ is the sum of all external condition and influences which affect the life and
development of organism. The environment has two main aspects viz ’abiotic’ and the ‘biotic’.
Physical and non-living chemical aspects which influence the living organism are included in
category of ‘abiotic’. These factors are soil, water, and the atmosphere as well as energy for
various sources such as sound, gravity, etc.

On the other hand, the ‘biotic’ factors are living organism in the ecosystem. These are obtained
from the biosphere and are capable of reproduction. Examples of ‘biotic’ factors are animals,
birds, plants, and other organism. Polluted water is responsible for many water-borne diseases
like cholera, jaundice, typhoid etc. more than, 80% Indians suffer from water-borne diseases.

In November.1980, the Government setup a Department of Environment for Planning,

Promotion & Co-ordination of environmental programmes in the country.

The relationship between Criminal and Environmental Law may be described as a system for
protecting the environment by mean so ‘Penal Sanction’.

The Indian Penal Code 1860 makes various acts affecting environment as offences. Chapter -
XIV , of IPC containing Sections 268-290 deals with offences affecting the public health, safety,
convenience, decency, and morals . Its objects is to safeguard the public health safety and
convenience by causing those acts punishable which makes environment polluted or threaten the
life of the people. Originally, the Constitution contains no specific provision for environmental
protection. However, certain specific provision have been incorporated by the constitution (forty
second amendment) Act, 1976 and subsequent amendments. The Fundamental Rights and the
Directive Principles of the State Policy underlines our national commitment to protect and
improve the environment.