This article discusses the impact of natural, physical, and social environments, as well as factors such as dysfunctional families, substance abuse, and unemployment. The article emphasizes the need for a multifaceted approach to address these issues and highlights the implications of environmental factors on crime from a legal perspective.

Introduction

An individual’s surroundings hold significant sway over their behaviour, even in ways that may not be immediately apparent. For instance, the force of gravity is a constant presence in our lives, impacting every aspect of our physical being from the way we move to the way we breathe. Similarly, the environment in which we reside can have a profound impact on our actions, particularly when it comes to criminal activity.

The importance of studying the effects of surroundings on criminal behaviour has become increasingly clear as urban populations continue to rise. Historically, cities have had higher crime rates than rural areas, and this trend is expected to persist as cities become more densely populated and technologically advanced. Like our childhood experiences that shape our perspectives and behaviour, our surroundings can greatly influence the likelihood of engaging in criminal activity. To create a safer and more secure society, it is critical to comprehend the intricate connections between social, physical, and natural environments.

Natural Environment and Its Influence on Criminal Activity

The natural environment can have a profound impact on human behaviour and mental states, potentially leading to changes that increase the likelihood of criminal activity. For instance, research has shown that temperature can be a significant factor in predicting certain types of violent crime. Studies conducted in South Korea, Pakistan, the United States, and New Zealand have all found a correlation between higher temperatures and increased crime rates, especially during the summer months. Conversely, lower temperatures have been linked to lower rates of criminal activity. These findings suggest that natural forces can affect individuals both physically and emotionally, potentially leading to out-of-character behaviours that may result in criminal acts. For example, extreme weather events such as hurricanes and heat waves have been shown to increase property and violent crimes. Furthermore, changes in climate and temperature are expected to have even more significant impacts on crime rates in the future.

Air pollution is another natural factor that has been shown to impact crime rates. The presence of pollutants in the air can have neurological effects on individuals, which can affect their cognitive function and lead to an increased risk of criminal activity. For example, a study conducted by Nevin in the United States found a correlation between lead concentration in gasoline, changes in IQ levels, and an increase in violent crime rates. When lead was removed from gasoline, there was a significant decline in the number of individuals with neurological problems and violent crimes. Other studies have also explored the relationship between air pollutants like carbon monoxide, particulate matter, sulfur dioxide, and ozone and their effects on crime rates. For instance, some studies have suggested that higher levels of carbon monoxide can lead to a reduction in burglary cases. These findings highlight the importance of considering the impact of the natural environment on crime rates and the potential role of air pollution in shaping criminal behaviour. Therefore, it is important to consider the influence of the natural environment when analyzing patterns and trends in criminal activity.

Physical Environments in Crime

Physical environments’ impact on crime is increasingly being recognized and studied by developed countries. The issue is not receiving the attention it deserves, despite its significant impact on society. Three levels of study, namely Micro, Macro, and Meso, are used to understand how physical features in our surroundings affect crime. Crime Prevention through Environmental Design (CPTED)[1] is a multi-disciplinary approach that utilizes urban and architectural design, as well as the management of built and natural environments, to prevent crime.

Understanding the impact of physical environments on crime is crucial in developing effective crime prevention strategies. By examining how features such as building design, street layout, and lighting affect criminal activity, policymakers can design and implement measures that can deter crime and enhance public safety. The study of physical environments and crime prevention is therefore an essential aspect of creating livable and safe communities. Furthermore, adopting a multi-disciplinary approach like CPTED can help foster community cohesion and empower residents to take ownership of their areas, leading to a more proactive approach to crime prevention.

Poor physical planning and the absence of Crime Prevention Through Environmental Design (CPTED) principles can increase the likelihood of criminal activity in a given area. CPTED is a set of design principles that aim to reduce crime by making changes to the physical environment. This can include features such as lighting, landscaping, and the layout of buildings and streets. When implemented effectively, these measures can create an environment that is less conducive to criminal activity.

The broken window theory supports the idea that disorder leads to more crime. According to this theory, observable indications of disorder, such as litter or broken windows, can indicate to potential offenders that an area is not well-maintained, thereby reducing the likelihood of criminal activity being identified and penalized. This can create an environment in which criminal activity becomes more prevalent.

Criminals often exhibit a specific modus operandi when planning and carrying out criminal activities. They tend to look for opportunities and environments that make it easy for them to commit crimes with minimal risks of getting caught or identified. Essentially, crime occurs when the perpetrator identifies a vulnerable target and feels confident that they can get away with the crime. This can include factors such as poor lighting, lack of surveillance, or inadequate security measures in a given area. By understanding the pattern of the approach used by criminals, law enforcement and community members can take steps to prevent crime and create a safer environment for all. This might involve implementing measures such as increasing lighting or surveillance, improving security measures, or increasing community awareness of potential risks and prevention strategies.

The likelihood of crime occurring in a particular location is influenced by the physical environment, as it can shape the perception and behaviour of potential wrongdoers. Criminals often evaluate a location’s vulnerabilities before committing a crime, including factors such as accessibility, visibility, and escape routes. If a location presents challenges to entering or escaping undetected, the potential wrongdoer may reconsider their decision to commit a crime. For instance, a location with high visibility, limited access points, or no direct escape route may deter criminal activity. By designing physical environments with these considerations in mind, it is possible to reduce the likelihood of crime and increase community safety.

Impact of Social Environment on Criminal Behaviour

The social environment in which individual lives can have a significant impact on their likelihood to engage in criminal behaviour. In Hindi culture, there are many proverbs that reflect this idea. One such proverb is “Sangati ka asar padta hai,” which translates to “The company you keep influences your behaviour.” This proverb suggests that the people we associate with can have a significant impact on our beliefs, attitudes, and actions. It is crucial to consider the social environment when examining the root causes of crime and implementing strategies to prevent it. By addressing the underlying factors that contribute to criminal behaviour, such as poverty and lack of education, we can create a more positive social environment that encourages lawful behaviour and reduces the likelihood of crime.

It is widely acknowledged that a significant portion of violent behavior is learned, rather than innate. Specifically, research has indicated that exposure to violence or physical abuse during childhood – particularly within the family unit – can significantly increase the likelihood of engaging in violent behaviour during adolescence. The magnitude of this risk has been estimated to be as high as 40%. It is noteworthy that the absence of effective social bonds and parental failure to impart and internalize conventional norms and values may also render children vulnerable to later engagement in violent behaviour, even in cases where violence is not modelled in the home. This underscores the importance of a supportive and nurturing environment, where children are taught to internalize socially-accepted values and norms.

Furthermore, it is worth mentioning that certain neighbourhoods may provide opportunities for learning and engaging in violent behaviour. This can be attributed to a variety of factors, including but not limited to a lack of economic opportunities, social inequality, and limited access to resources that could support positive development.

Causes of Violent Behaviour

The existence of criminal organizations, particularly those involved in illicit drug trade, and gangs, exposes individuals to high levels of violence, as well as violent role models and rewards for engaging in serious violent activities. While behaviour patterns developed in early childhood can persist in the school environment, schools themselves can also serve as sources of conflict, frustration, and potential triggers for violent responses.

Research has revealed that school dropouts, drug dealers, and those with prior records of violent behaviour are more likely to possess firearms than their non-violent peers. Moreover, growing up in disorganized neighbourhoods and impoverished, minority households have been shown to have a direct impact on the development of violent behaviour in two primary ways. Firstly, limited employment opportunities at the time of transitioning into adulthood can hinder the chances of establishing a stable family life. Secondly, growing up in disorganized and impoverished neighbourhoods can disrupt the natural course of adolescent development.

DYSFUNCTIONAL FAMILIES AND CRIME

The CS&CPC recognizes the crucial role that families play in raising responsible and healthy members of society. However, ensuring the well-being of children requires more than just the efforts of families; it involves the active participation of communities and society as a whole. Dysfunctional family structures are among the primary contributors to future delinquency. These structures can include parental inadequacy, conflict, criminal behaviour, poor communication, lack of respect and responsibility, child abuse and neglect, and family violence. Therefore, it is crucial for crime prevention efforts to address these root causes by focusing on improvements in all three areas: families, communities, and society.

HOUSEHOLD CONDITIONS

Studies have found that witnessing domestic violence at home is a strong indicator of violent behavior among young offenders, with over 50% of them having witnessed wife abuse. Children who experience physical or sexual abuse are also at a significantly higher risk of becoming violent adults. Furthermore, ineffective parenting, lack of parental involvement, and rejection, as well as inconsistent and overly punitive discipline methods, are all consistent indicators of delinquent behavior.

Unwanted and teen pregnancies have also been linked to higher risks of criminality. Additionally, research suggests that dysfunctional parenting increases the likelihood of youth associating with delinquent peers. Early school leavers also face many challenges, including unemployment or under-employment, and it has been found that 40% of federal inmates in Canada have an undetected learning disability from childhood. Therefore, addressing issues related to the home environment and parenting can help prevent future delinquent behavior.

SUBSTANCE ABUSE AND CRIME

Alcohol and substance abuse have a close association with criminal behaviour, with many offenders being under the influence of drugs or alcohol when committing crimes. The regular use of alcohol during adolescence has also been linked to higher conviction rates in adulthood. Additionally, research suggests that exposure to certain forms of media, such as television, can influence the behaviour of children to some extent. Studies have also found links between diet and violent behaviour. Therefore, addressing substance abuse and related factors is crucial for effective crime prevention efforts.[2]

UNEMPLOYMENT AND CRIMINAL BEHAVIOR

Frequent joblessness is often associated with criminal behaviour. Several studies have revealed that a significant proportion of incarcerated youths and adults were unemployed prior to their arrest. The experience of persistent unemployment can create a sense of hopelessness, especially among young people, and trigger negative behaviours like theft, substance abuse, alcoholism, and violence against children and family members. Similarly, men who are unemployed after being released from correctional facilities are more likely to re-offend. A combination of academic failure and unstable employment situations can lead to continued involvement in criminal activities.

DIVERSE ADDITIONAL RISK FACTORS

The probability of criminal behaviour is influenced by multiple risk factors, which should not be considered in isolation. The major risk factors identified through research include poverty, racism, family violence, parental and community neglect, and problems at school. Many persistent offenders begin engaging in anti-social activities before and during adolescence. Age alone is not a risk factor but should be looked at in the context of these factors. Prevention efforts should be focused on the early childhood years as they are critical for healthy social and emotional development, with birth to age 5 being the most crucial.

Although crime rates among females have increased in recent years, males are still more likely to be involved in criminal behaviour. Research indicates that crime usually involves aggression, risk-taking, and predatory behaviour.

Implications of Environment on Crime: Legal Considerations

The impact of the environment on crime rates has important legal consequences, particularly in regard to the development of more sophisticated and personalized guidelines for sentencing. Studies indicate that individuals who come from less privileged backgrounds are more prone to criminal activity, suggesting that uniform sentencing guidelines may not be suitable for all offenders. Consequently, judges and policymakers may need to take into account factors such as an individual’s socioeconomic circumstances and other environmental influences when determining the most suitable sentence.

It is crucial to strike a balance between individualized sentencing and ensuring public safety. While it is important to consider an offender’s background and environmental influences when deciding on an appropriate sentence, it is equally essential to take into account the severity of the crime committed and the potential danger that the offender poses to society. Sentencing guidelines must be designed to serve the interests of justice, deterrence, and the protection of the public.

Although socioeconomic and environmental factors may play a role in an individual’s criminal behaviour, it is important to avoid using them as an excuse for overly lenient or excessively harsh sentencing. The principle of proportionality should be upheld in all cases, which means that the severity of the punishment should be commensurate with the gravity of the offence committed. Implementing interventions that tackle the root causes of criminal behaviour is an essential step toward reducing crime rates and creating a safer and fairer society. By investing in programs and initiatives that address issues like poverty and social inequality, we can help prevent individuals from turning to criminal activities and create a more just and equitable society.

Conclusion

The environment has a significant impact on an individual’s behaviour, including criminal activity. As cities become more advanced and densely populated, understanding the influence of surroundings on criminal behaviour is increasingly important. Childhood experiences and the effects of gravity are among the factors that must be considered in creating effective crime prevention strategies. Humans are social animals who require other people to live happily, but the environment can affect individuals positively or negatively. Crime is a negative effect of the environment that is a menace to society. A healthy, developed, and nurturing environment raises good, responsible, and righteous citizens, while a bad environment can raise violent, careless, and criminal-minded individuals. Countries must invest in improving all types of environments to reduce high crime rates and create a safer future.


Endnotes:

  1. Crime Prevention Through Environmental Design (CPTED), (Apr. 27, 2023), ,https://menlopark.gov/Government/Departments/Police/Crime-safety-and-prevention/Crime-Prevention-Through-Environmental-Design#:~:text=Crime%20Prevention%20Through%20Environmental%20Design%20or%20CPTED%20(pronounced%20sep%2Dted,either%20encourage%20or%20discourage%20crime.
  2. Waterloo Region Crime Prevention Council, (Apr. 27, 2023), http://preventingcrime.ca/wp-content/uploads/2014/08/Causes_of_Crime.pdf.

This article is authored by Sohini Chakraborty, a first-year law student at RGNUL Patiala.

-Report by Anurag Sinha

To review the environmental clearance given by the Ministry of Environment, Forest, and Climate Change (MoEF &CC) for the project by the Andaman and Nicobar Islands Integrated Development Corporation (the project) in Great Nicobar Islands, the Eastern Zone bench of the National Green Tribunal (NGT) has established a High-Powered Committee.

FACTS:

At the southernmost point of the Andaman and Nicobar Islands, a massive project will be carried out. An international airport, a terminal for trans shipping containers internationally, a township development, and a 450 MVA gas and solar-powered power plant are all included in the project, which spans an area of 16,610 hectares on the island. The NGT was hearing the appeal filed by the Conservation Action Trust and others against the Environment and Forest Clearances granted by the MoEF&CC for the project, including the clearance for the diversion of 130.75 sq. km of forest land under the Forest (Conservation) Act, 1980, on Great Nicobar Island.

APPELLANT’S CONTENTION:

The main contentions on behalf of the appellants are that the project will have an adverse impact on the rich biodiversity of the area and damage the habitats of the endangered species. The appellants emphasized that due to the existence of numerous coral colonies, the location of the port, which is a component of the project, is specifically forbidden in the CRZ-IA region. Additionally, the coast will erode as a result. While a thorough impact evaluation necessitates data collection for three seasons, this assessment only uses data from one season.

Additionally, the appellants argued that the Shompen tribes and Nicobari groups must be kept apart due to government policy, which has not been taken into account in this case. This element disregards the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation of 1956 and the Forest Rights Act of 2006, respectively. Additionally, a recognized firm has not carried out the Environmental Impact Assessment (EIA). There are two national parks – Campbell Bay National Park (in the North) and Galathea National Park (in the South) which also will be adversely impacted, added the appellants.

RESPONDENT’S CONTENTIONS:

The project is important for Great Nicobar Island’s overall development as well as for defense, national security, and strategic reasons, according to responders MoEF&CC and the Project Proponent. With the completion of the project, India will have a stronger presence in Southeast Asia and the Andaman Sea. Additionally, a significant cargo transhipment terminal will be built, and a popular tourist destination will be established. The respondents claimed that the development of an international transhipment terminal offers significant prospects to further boost India’s commercial standing in the international arena.

JUDGEMENT:

After hearing arguments from both sides, the Tribunal determined there was no reason to interfere with the forest clearance, noting the necessity for both national security and economic development, neither of which could be proved to be unimportant. Regarding environmental clearance, the Tribunal asserted that the prescribed procedure had been followed, which included holding open forums, creating an environmental impact assessment (EIA), conducting an EAC assessment, preserving wildlife habitats, taking tribal welfare into account, and organizing necessary conservation measures. According to the MoEF&CC and the PP, all required steps will be implemented, eco-sensitive regions will not be covered, corals will be safeguarded, and the area proposed to be a part of the Port that is prohibited according to the CRZ notification will not be included. The Tribunal has directed that further work in pursuance of the impugned EC should not proceed, except for the work that may not be of an irreversible nature.

READ FULL JUDGEMENT: https://bit.ly/3ZPG3hr

INTRODUCTION

The terms ‘environmental, social, and governance’ are referred to as ESG. Sustainability is viewed holistically by ESG, who believe that it encompasses more than just environmental concerns. The ideal way to define ESG is as a framework for stakeholders to understand how an organization is handling opportunities and risks connected to environmental, social, and governance criteria. Although the word ‘ESG’ is frequently used in relation to investing, other parties including the investment community, clients, partners, and staff are considered stakeholders. They’re all becoming more and more curious about how sustainably an organization operates.

PRINCIPAL POINTS

  • ESG is a framework that aids stakeholders in understanding how a company handles opportunities and risks related to sustainability issues.
  • ESG has developed from earlier movements that prioritized corporate generosity, pollution reduction, and issues of health and safety.
  • ESG has altered many capital allocation and investment decisions.

ESG

  1. Environmental: The environmental impact(s) and risk management procedures of an organization are referred to as environmental criteria. These include the firm’s overall resilience to physical climate threats, stewardship over natural resources, and direct and indirect greenhouse gas emissions (like climate change, flooding, and fires).
  2. Social: The connections an organization has with its stakeholders are referred to as the social pillar. An organization’s impact on the communities in which it operates and on supply chain partners, particularly those in developing economies where environmental and labour standards may be less stringent, are other examples of factors that a firm may be measured against. These factors include metrics for human capital management (such as fair wages and employee engagement metrics).
  3. Governance: Governance describes the direction and management of a business. ESG analysts will work to gain a deeper understanding of how shareholder rights are perceived, how incentives for leadership are related to stakeholder expectations, and what kinds of internal controls are in place to encourage leadership accountability and transparency.

SOCIAL ASPECT OF ESG

The social benefits of ESG go beyond providing access to goods and services for various social groups. It also extends beyond offering work to everyone, regardless of gender, colour, religion, or other characteristics. Despite their importance, these things do not entirely define what it means to be socially responsible.

However, the social impact extends beyond the immediate environment. Additionally, it covers how the organization treats and cares for its personnel. this covers things like paid maternity leave, paid sick leave, paid time off, and pay parity, among other things. All of these factors have an impact on the workers, their families, and their social interactions.

WHY IS ESG IMPORTANT IN TODAY’S WORLD?

We can all agree that having an ESG policy at a company is a good thing. However, it’s crucial to keep in mind that while these developments are positive, they aren’t yet complete and shouldn’t be fully anticipated from such a young movement. While we should support these initiatives, we shouldn’t expect them to be miracles; rather, they should be the beginning of miracles. These initiatives indicate strides in the right direction. People today are becoming more conscious of how their activities impact everyone and everything in their environment. It’s time to take matters into our own hands and take action if we want a different future for everyone—including ourselves, our children, the earth, and all living things.

ESG’s IMPORTANCE IN THE BUSINESS?

There are several reasons which show that ESG is important to a business. It is an important factor in company performance and is the best indicator of environmental, social, and governance success.

  • It might enhance a business’s standing and image, which might draw in new investors.
  • By introducing new legislation, governments all across the world have the power to influence the triple bottom line.
  • By requiring innovation from businesses, it creates a variety of fresh options.
  • It benefits the environment, which benefits your grandchildren and the future generations of your family.

WHAT ARE ESG FUNDS?

ESG funds are essentially funds where money is invested in the bonds and stocks of businesses that do well on metrics including the environment, the social sector, and corporate governance. It made investments in businesses that use environmentally friendly practices. Here, the company’s sustainability is evaluated in light of ESG considerations. It will only cover sovereign bonds from nations with high sustainability ratings when it comes to bonds.

IMPORTANCE OF THE FUNDS

  • First of all, if a company is sustainable, it demonstrates a greater level of social and financial responsibility. It is crucial because only investor pressure will force firms to act responsibly toward the community.
  • This demonstrates how important ESG funds are to the community. As the government focuses more on renewable energy and environmental challenges, it is significant from the investor’s perspective. Additionally, it is anticipated that in the future, companies with significant environmental pollution levels will be subject to the tax.
  • More ecologically conscious, healthful, and natural products are becoming more popular among consumers, who are also changing their lifestyles. Companies must make decisions accordingly as a result of the government’s stricter governance regulations.

TOP ESG FUNDS IN INDIA

  1. SBI Magnum Equity ESG FundThis is the ESG segment’s oldest available fund. This fund has been around for at least 8 years. It debuted on January 1st, 2013. Its fund expense ratio is 1.29%, which is greater than that of other funds in this category. This fund has given an annual return of 15.84% since it was founded.
  2. ICICI Prudential ESG Fund- This fund was officially launched on January 22, 2020. It has been around for almost 1 year and 8 months. On average, it has given a return of about 39.35%. It has generated a return of about 60.52% over the past year. Avenue Supermarts Ltd., Wipro Ltd., Bajaj Finance Ltd., Tata Consultancy Services Ltd., and Nestle Ltd. have received the majority of their investments. The expense ratio for this product is 0.48%, which is lower than what other thematic ESG funds charge.
  3. Quantum India ESG Equity Fund- It is a medium-sized fund with 1920 crores of rupees in assets under management. On September 21st of last year, the fund was established. The expense ratio it charges, 0.6%, is comparable to that of other ESG thematic funds in this market. Compared to its competitors in this market, this fund has a lower exposure to the financial and technological sectors, investing its money in industries including FMCG, chemicals, healthcare, and financials. Regarding the returns, since its debut, it has been able to produce returns of 42.59% annually. The portfolio allocation for this fund is split 95.9% into equities, 0.02% into debt, and 4.08% into other alternatives.

WHAT IMPACT DOES ESG HAVE ON THE ECONOMY?

ESG is resulting in a more sustainable society and an improved environment. It is helping to lower carbon emissions across major economies, reduce deforestation and water waste through better irrigation practices, improve energy efficiency within companies, and create a circular economy. Through its influence on companies, ESG is increasing corporate transparency and accountability. It is empowering consumers to make more sustainable decisions about the products they buy and the companies they support.

WHY FIRMS IN INDIA SHOULD FOCUS ON ESG?

India is seeing an increased focus on ESG. According to a recent report by IT industry group Nasscom and Boston Consulting Group, global companies’ growing efforts in enhancing their environmental, social, and governance goals (ESG) will boost revenue for Indian technology and services companies. Furthermore, several outside factors contributed to the adoption of ESG initiatives by digital companies. Several sizable multinational corporations are requiring that vendors adopt specific ESG objectives to compete for their business. Investment in ESG is a business necessity for organizations. Start-ups are being pushed to focus more on incorporating these into their overall strategy by investors’ requests for them to establish an ESG strategy.

While the larger businesses already had well-defined objectives and an ESG roadmap in place, it would work with the smaller businesses to integrate these into their strategic priorities, begin the process of internal adoption, and develop customer-facing solutions. It was crucial to comprehend the techniques that, given the company’s size and business aims, would apply to it.

Indian enterprises are being forced to reconsider their strategy as a result of the uncertain state of the Indian economic environment and the amplified effects of many environmental and societal disruptions. ESG is developing as a concept to produce long-term value for all stakeholders. The COVID-19 pandemic has highlighted the value of ESG as a fundamental strategy for long-term corporate resilience. Businesses are considering moving beyond non-financial reporting and beginning to report using an integrated profit and loss approach, which aims to correlate or monetize the favourable and unfavourable effects of business operations and products through a variety of capitals, thereby assisting in the creation of long-term value.


REFERENCES

  1. What is ESG and why is it important, available at https://www.esgthereport.com/what-is-esg-and-why-is-it-impor

This article is written by Aditi Jangid, a 1st year law student pursuing her bachelor’s degree from Delhi Metropolitan Education (Affiliated to GGSIPU).

The environment is very crucial for us to understand as it defines our surroundings and impacts the way we live. It consists of the air we breathe, water covering Earth’s major surface, and plants and animals that live on this planet. It is important to understand the word “environment” and realize how important it is in our daily life. Studies have shown how scientists study the way people influence each other. They have found out that the majority of us are responsible for deforestation, air pollution and climate changes, Acid rain which is dangerous to the animals as well as our health.
The government from the last few decades has been initiating and shown interest in protecting and promoting the environment by enacting Environmental laws.

Meaning of Environment

It encompasses everything of water, air, and land, as well as their interactions with humans, other living things, and objects. The environment is a multidimensional and polycentric problem that affects human existence.

  • Environmental Pollution

Pollution is a phrase that describes unfavorable changes in our environment as a result of human activity., either directly or indirectly, through changes in energy systems causing physical destruction and affecting a large number of species. As a result of the amount of any foreign material to water, air, or soil, the natural properties of these basic constituents may change immediately or over time, causing some adverse changes by rendering them unfit and harmful.

  • Water Pollution

Water pollution is the pollution of water bodies. Water pollution is caused when pollutants are discharged into the water bodies.

  • Air pollution

The gases oxygen, nitrogen, carbon dioxide, argon, and others make up air. When chemicals, particles, or biological materials are released into the atmosphere, they cause discomfort, sickness, or death in humans., along with damage to other living things such as food crops, the natural environment, or the built environment.

  • Noise Pollution

Any undesired sound that disturbs environmental balance is said to as ‘noise.’ Decibels are being used to measure noise. Motor vehicles, aircraft, firecrackers, sirens, loudspeakers, and machinery are all major sources of ‘noise’.

  • Land Pollution

Deforestation, the discharge of toxic compounds onto the land, the placement of filthy waste on the land, the dumping of rubbish, medical wastes, and other factors all contribute to soil pollution. Pesticide misuse is also a source of land contamination since it contaminates water.

  • Solid Waste Pollution

Wastes are materials that are no longer required and, if not treated further, will become economically useless. Organic wastes, ashes, biomedical wastes, body parts of slain animals, dry or wet rubbish from domestic activities, such as plastics, metals, woods, glass, paper, detergents, industrial wastes, industrial discharges, and so on are all termed “solid wastes.”

  • Food Pollution

All living things need food to get the energy they need to go about their everyday lives. The health of the customer will be harmed if the food ingested is contaminated or adulterated. The use of chemical fertilizers and pesticides at various phases of plant growth is the beginning of food pollution.

Legal Mechanism in relation to environment Protection

Environmental law is a mechanism for environmental preservation, as well as for controlling or preventing any act or omission that pollutes or threatens to damage it. An environmental legal system is a set of laws and administrative norms that govern and define people’s interactions with the environment, as well as people’s interactions with the environment itself. The Honourable Supreme Court described “Environmental Law” as a tool to protect and develop the environment, as well as to governor prevent any action that contaminates or is likely to harm the environment, in K. M. Chinnappa v. Union of India.

  • The Environment Protection Act, 1986

The Bhopal Gas Disaster compelled India’s government to implement extensive environmental rules, including regulations surrounding the storage, management, and disposal of hazardous materials. The Indian Parliament passed the Environment Protection Act, 1986, based on these rules. The government established Pollution Control Boards
(PCBs) within the framework of these laws in order to prevent, control, and abate environmental pollution.

  • The Noise Pollution (Regulation and Control) Rules, 2000

The Environment Protection Act of 1986, or any other regulation, made no clear provision for ‘noise pollution.’ Ambient noise levels in public locations are rising as a result of different sources such as industrial activities, generator sets, loudspeakers, and vehicle horns, among others. It was imperative that a law be enacted that would regulate and control noise-producing sounds with the goal of preserving ambient air quality requirements in terms of noise.

  • The Public Liability Insurance Act, 1981

This Act intends to give quick relief to those who have been injured as a result of an accident involving a hazardous material. It states that before handling any hazardous substance, every owner must obtain one or more insurance policies that provide for insurance contracts. The goal of purchasing insurance is to ensure that compensation is provided in the event of a future accident.

What does Environmental law cover?

Pollution is the first and most apparent method that the public is aware of and engaged with environmental law. Some of the world’s first environmental laws address the preservation of our environment from toxic elements, with the goal of improving public health as a result.

  • Air Pollution and Quality: This is the process of enforcing air quality regulations by monitoring what constitutes safe levels of specific pollutants produced by industrial operations, motor vehicles, and other aspects of our daily life. There are laws in place to guarantee that working conditions are safe both outside and inside. They are intended to safeguard human and environmental health.
  • Even with the greatest of intentions, toxic spills and leaks can occur. Some are the product of carelessness, while others are unavoidable. Irrespective of whether a chemical leak is avoidable or unavoidable, there are laws that must be obeyed to decide what the responsible party and the cleanup team must undertake to ensure that contamination is minimized and controlled.
  • Chemical safety rules strive to regulate how we utilize chemicals in any job where they are employed, from industrial manufacturing to agriculture, testing laboratories, professional cleaners, and repair garages. This includes proper chemical storage, use, safety equipment in the application, storage container types, and how (and to whom) they are purchased and sold, such as licenses, to registered firms, and so on.
  • There are regulations that restrict what humans may and cannot do to and with water supplies at the local, national, and international levels. Pollutants can affect drinking water and local places, and they can also find its directly into the water system and into the oceans, potentially inflicting widespread damage.

References:

This article is written by Vidushi Joshi student at UPES, Dehradun

Introduction:-

The administrator of the union territory is appointed by the president under Article 239. The current administrator of Lakshadweep Island is Praful Khoda Patel since last December 2020. He is also the current administrator of union territory Dadar and Nagar Haveli and Daman and Diu appointed by the President of India Ram Nath Kovind. People are protesting in the union territory and the reason behind the protest is due to the change of Administration. He introduced many bills which directly or indirectly violate the fundamental rights of the people.

What is Happening in Lakshadweep:-

The citizens of Lakshadweep are protesting against the administrative reforms brought by Mr. Praful Patel. Mr. Praful Patel introduced “The Anti-social activities regulation bill, 2021” or “The Goonda Act” and “The Lakshadweep Animal Prevention regulation” and “The Lakshawdeep development authority regulation”. These bills and regulations were introduced in the mid-covid scenario. The people are protesting against the decision to allow liquor sale on the island, the ban on beef, and the plan to disenfranchise islanders on certain counts. Mr. Praful’s tenure saw the descend from being a Covid-free region for nearly a year into starting with 6,800 cases until May 24. This all happened due to the provisions made by the administrator to remove the mandatory quarantine time period.

The Environmental Concerns:-

Lakshadweep MP says that the Draft LDA regulations are neither ecologically sustainable nor socially viable. The Development Projects are for-profit motive and concretization of the Island will hurt its pristine ecology. The people’s representatives were not consulted before drafting it. And at the high time of this Covid-19 first wave in the region, there is no such reason to bring it in regulations at the moment. In a biodiversity survey of 2017, one of the Parali islands has been eroded to an extent of 100%. And the other part of the island is also having a high erosion rate. And construction of new things or Concrete Jungle or a high rate of tourism will affect the land to a great extent. The people say that at this time the island needs to be preserved not to be developed. 

Lakshadweep Development Authority Regulation (LDAR), 2021:-

According to this regulation, the administrator can remove or relocate the people of islanders from their properties without their will. The authority can take any area from the islanders except cantonment areas.

This regulation directly violates their right to possess and retrain their property. It violates Article 21 which says that no person shall be deprived of his life or personal property. Development can be of any type such as building, mining, quarrying, engineering, railways, airports,  national highways etc. 

Article 240 of the Constitution

LDAR enacted through this article of the Constitution. Under this article, the president has the power to make regulations for the peace, progress, and the benefit of the people of the union territory.

Elamaram Kareem CPI(M)’s Rajya Sabha MP from Kerala says Patel only wants to acquire the land of the islander and give it to the big corporators he also wrote a letter to President Ram Nath Kovind requesting him urgently call back Patel.

The Police are Demolishing Fishing Harbours

The police under Patel are demolishing the fishing Harbour labeling it as an unauthorized settlement the main occupation of the islander is pisciculture. Poor people are being harassed by this type of all-new rule. Most of the places in India is hit by the cyclone Tauktae, Lakshadweep also hit by this cyclone and it caused great damage to the fishermen as their boats and instruments were damaged by the cyclone and they were unable to place their boat in the shed as the sheds were demolished by the police.

The gear of the fisherman was set on fire they have done this crucial thing at Midnight when the people were sleeping and they were also forced to remain inside their homes as curfew is imposed in the union territory. This caused damages to the fisherman, many of them lost their boats and sheds as well. Fishermen lost their livelihood, and authority is not providing any type of help to the poor people.

Introduction of a Liquor Shop on the Island

On many islands of Lakshadweep consuming liquor is allowed, this new rule allows many foreigners to enter the island and consume liquid. This rule again hurts the religious feeling of the people.

The Lakshadweep Panchayat Regulation, 2021

Under this regulation, the person who has more than two children was disqualified from the election of the gram panchayat. Article 243F says that only a person who is qualified to the state legislature shall be qualified to be chosen as a member of a panchayat only the difference is of age criteria. This is nothing else more than misleading propaganda.  Again this regulation violates the right of the citizens. By this regulation Article 14 of the Constitution is violated.

This regulation will not apply to those parents who have two children before this regulation came into effect but those who will have two children in the future will not eligible for the contest of the gram panchayat election.

Conclusion

The protests have erupted on Lakshadweep Island because of many reasons, it is the first time in the history of Lakshadweep that these types of things are happening, the crime rate of Lakshadweep is already very low. Hence, there is no need to pass such types of furor and draconian laws, people were living in peace and harmony with each other but after the new administration, Patel brought many changes in the entire system which hurts the religious, cultural feelings of the people residing of Lakshadweep. People were demanding Prime Minister Narendra Modi and President Ramnath Kovind urgently call back Patel. The Kerala High Court however has declined to stay the implementation of LDAR and all the other three regulations are still with the Home Ministry for scrutinizing purposes, it will be interesting to see how things will go once these regulations will be passed and get the assent of the President.

This article is written by Kiran Israni, 3rd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

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