EXISTENTIAL EXAMINATION OF SPECIALIZED JURISDICTION

AND COMPREHENSIVE LEGISLATION WITH REGARD TO

GREEN CRIMES

A
SYNOPSIS
(THESIS PROPOSAL)
SUBMITTED TO
THE ICFAI University Dehradun
IN PARTIAL FULFILLMENT OF THE REQUIREMENT
FOR THE AWARD OF THE DEGREE OF
DOCTOR OF PHILOSOPHY (Ph.D.)
IN
LAW

BY
Ms. Monika Kothiyal
(RSILS200057)

Under the Supervision of

Dr. Ashish Kumar Singhal
Associate Professor
ICFAI Law School
The ICFAI University, Dehradun

ICFAI LAW SCHOOL

The ICFAI University, Dehradun
Year 2023
 The ICFAI University, Dehradun
Candidate’s Declaration

I, Monika Kothiyal, declare that the synopsis titled, “Existential Examination of

Specialized Jurisdiction and Comprehensive Legislation with Regard to Green
Crimes” being submitted in the partial fulfillment of the requirement for the award of the
degree of Doctor of Philosophy in Law under ICFAI Law School, The ICFAI University,
Dehradun during the academic year 2022-23.
It is the work that is expected to be carried out under the supervision of Dr. Ashish
Kumar Singhal. It is further declared that the synopsis is within the plagiarism limit and
copy of the same is attached as per the University norms.

Candidate’s Name: Monika Kothiyal Date: 11-09-2023

 TABLE OF CONTENTS

ABSTRACT .......................................................................... 1

Introduction ........................................................................... 3

Research Problem .................................................................. 7

Literature Review .................................................................. 9

Research Gap ....................................................................... 22

Research Questions.............................................................. 23

Research Hypothesis ............................................................ 24

Research Objectives............................................................. 25

Significance of Study ........................................................... 26

Conceptual Framework ........................................................ 27

Research Design .................................................................. 29

Chapterisation ...................................................................... 31

Proposed Plan of Work ........................................................ 33

Bibliography ........................................................................ 34

i
ABSTRACT

Without a healthy ecology, human existence is virtually impossible. Today, the

protection of the environment is not a local or national matter, it is a universal
concern, Environmental law is undoubtedly a pillar of environmental protection,
but after many decades it is still suffering in most of the world due to poor
implementation of laws, leading to failure of Environmental Justice. Each country
introduces specialised laws Environmental to deal with environmental cases and
to make the access to environment justice.
In order to apply environmental legislation and the idea of sustainable
development, it is now essential to consider how the courts are set up, how
environmentally conscious they are, as well as the various national access to
justice systems. Development is one another fact for failure of implementation of
Environment Justice, today society’s interaction with the nature is so extensive
that the question of environment has assumed proportions affecting all humanity.
Global environmental degradation has been exacerbated by a number of reasons,
including industrialization, urbanisation, population growth, poverty, excessive
resource use, depletion of traditional energy and raw material resources, and the
quest for alternative energy and raw material sources. Green crime involves illegal
activity that not only directly harms the environment but threatens our wildlife,
impacts business supply chains, and poses a danger to security and stability
around the world.
Like other forms of crimes, environmental crime is taught in a diverse range of
scientific areas. Every act or process, whether permanent or transient, that has a
negative impact on the environment, people's health, or natural resources is
considered an environmental crime, also known as a "green crime," such as the
construction, alteration, abandonment, or destruction of buildings; the handling
and processing of waste; emissions into water, air, or soil; the transport and
handling of dangerous substances; the damage or destruction of natural resources;
and the reduction of biological diversity.
Green crimes include regional, national, and international issues (such as
pollution, ecological damage, and poaching) as well as extensive effects like
climate change and anthropogenic species extinction. There are many live victims
of these many acts, not just humans. Environmental justice activists and
1
academics have developed the concepts of "Green Crimes" and "Green Justice."
The existing Environmental Law and its implementation takes the conventional,
single-issue 'adjudication' conflict between the parties outside the courthouse door
with its tacit and often overt formation of a scientifically based approach that aims
to ensure minimum harm the environment and to protect the broader interests of
society and industries. Scientific experts extend the pragmatic analysis to widen
the application of the rules and regulations where the operation is adverse to
public health and the community. Such an understanding represents the general
interest as opposed to private or human interest.

Keywords: Green Criminology, Corporate crime Environment Justice,

conservation, Policy, Deforestation, Loss of Species Protection, Preservation.

2
 Introduction

In the absence of a healthy ecosystem, human existence is practically impossible.

In the modern world, environmental protection is a concern that affects all
countries and regions equally. Although environmental legislation is debatably a
foundation of environmental protection, it still suffers from poor implementation
in the majority of the world that results in the failure of environmental justice.
Specialized laws are introduced by each nation to protect the environment and to
make access to environmental justice easier. The implementation of both
environmental law protection and the idea of sustainable development has faced
significant obstacles related to national access to judicial systems.
The Stockholm Statement is regarded as Magna Carta in the history of
environmental protection and accomplishing the goal of sustainable development;
the declaration, in addition to 26 preambles, also consists of seven universal
truths. It also made a number of significant decisions, resolutions, and
recommendations to address the issue, one of which was to take urgent action and
create an action plan to address environmental degradation and climate change.
The conference and the general assembly adopted its resolutions prepared the
stage for the constitutional Amendments in of the signatory countries. In India two
new articles were specifically incorporated i.e. Articles 48-A and 51A(g) into the
guiding principles of state policy. As a result of this meeting, the Indian
parliament passed a number of laws, including the Water (prevention and control
of pollution) Act 1974, the Air (prevention and control of pollution) Act, the
Environment Protection Act, the Forest Act, and many others.
The term "green criminology" was introduced by Michael J. Lynch in 1990, and
expanded upon in Nancy Frank and Michael J. Lynch's 1992 book, Corporate
Crime, Corporate Violence.1 The terms gained further momentum after the article
on “Theoretical Criminology edited by Piers Beirne and Nigel South in 19982”
was published in the special issue. Now, green criminology has begun to appear in

1. Frank, Nancy and Michael J. Lynch 1992 Corporate Crime, Corporate Violence. Albany, NY:
Harrow and Heston.
2
South, Nigel; Beirne, Piers (May 1998). "Editors' Introduction". Theoretical Criminology. 2 (2):
147–148.
3
university-level texts and curricula in criminology and other disciplinary subjects. 3
In simpler terms, Green crimes are unauthorized act or omissions which are
perpetrated against the nature or wildlife. Air pollution, water pollution,
deforestation, extinction of species, and improper disposal of hazardous material
are all examples of environmental crimes. Though, the term is new, however, the
crime like deforestation, hunting, poaching, illegal trade of wildlife, illegal
logging, air pollution, water Pollution, illegal mining, water dumping in water
bodies etc. are some activities which were being followed by generations without
knowing the fact that they are contributing to environment pollution.
The Stockholm Declaration, a 1972 multinational attempt to address the issue of
sustaining and developing the human environment, this was the marked the first
time that crime gained widespread attention. It was the first significant effort to
examine the effects of humans on the environment globally.
The Rio Declaration of 1992 established the guiding principles that emphasize the
importance of environmental protection and set forth international standards for d
oing so, following the Stockholm Declaration
The National Green Tribunal of India (NGT) was established after a lengthy and
complex process that was influenced by a number of issues. The first aspect that
needs to be highlighted is the constitutional background, which demonstrates a
continuous evolution from a lack of environmental protection principles (in the
original text of the Constitution, in force since 1950) to the development of a
bewildering array of environmental legal instruments and judicial actions. These
successes were made possible by the constitutional amendments of 1976. 4 The
constitutional amendments mandate active participation from both the state and
the citizen under Article 48(A) to safeguard the environment as they contain a
reference to the state government as well as "a constitutional reference to the state
and a constitutional duty to the citizen of India not only to safeguard but also to
improve , Protect the environment and also to preserve the forest, the flora and
fauna, the rivers and lakes, and all other water resources of the country.5
This constitutional amendment created the path for judges to actively participate i
n environmentalissues. The right to healthy and clean environment is basic
3
White, R., & Heckenberg, D. (2014) 'Green Criminology: An Introduction to the Study of
Environmental Harm' London: Routledge.
4
INDIA CONST. Art. 48 & art. 51(g), amended by The Constitution (Fortysecond Amendment) Act,
2007
5
GURDIP SINGH, ENVIRONMENTAL LAW IN INDIA 69 (2011).
4
necessity of right to life itself, and as it was stated, " The Supreme Court of India
exercised its original authority under Article 32 of the Constitution by way of
enforcement, and this is where the genuine advancement in the field of
environmental law occurred.."6
The structure of National Green Tribunal in India is divided into five zones North,
Central, East, South, and West. Headquarters of National green tribunal is in
Delhi, the Principal Bench is located in the North Zone. The East Zone Bench is
in Kolkata, the South Zone in Chennai, the West Zone in Pune, and the Central
Zone Bench is in Bhopal. The total number of members in Tribunal is 10 and it
may extend to not more than twenty judicial members, the Chairperson, who sits
on the Main Bench.

Central Zone (Bhopal)

Western Zone Principal Branch Eastern Zone

(Pune) Kolkata
(New Delhi)

Southern Zone
(Chennai)

Structure of National Green Tribunal

Section 14 of the Act establishes the tribunal's jurisdiction, stating that it applies to
"all civil cases where a substantial question relating to environment is involved,
including enforcement of any legal right relating to environment and such
question arises out of the implementation of the enactments specified in Schedule
I."7
Although the National Green Tribunal was established, there are still some issues

6
Harish Salve, Justice Between Generation: Environment and Social Justice, in SUPREME BUT
NOT INFALLIBLE: ESSAYS IN HONOR OF THE SUPREME COURT OF INDIA 360, 366
(B.N. Kirpal, Ashok H. Desai, Gopal Subramanium, Rajeev Dhavan & Raju Ramachandran eds.
2000).
7
. Schedule I lists the main environmental laws of the Indian union: (1) The Water (Prevention and
Control of Pollution) Act, 1974; (2) The Water (Prevention and Control of Pollution) Cess Act,
1977; (3) The Forest (Conservation) Act, 1980; (4) The Air (Prevention and Control of Pollution)
Act, 1981; (5) The Environment (Protection) Act, 1986; (6) The Public Liability Insurance Act,
1991; and (7) The Biological Diversity Act, 2002. See The National Green Tribunal Act, No. 19 of
2010, INDIA CODE (2010), vol. 19.
5
with the courts' jurisdiction because the Act specifically states that it only applies
to civil matters and excludes criminal offences. The National Tribunal Act
therefore does not apply to Green Crimes. The Wildlife Act and Forest Act are
excluded from Schedule I for this alleged purpose. Due to the complexity of the
legal system and the ongoing cases in criminal courts, environmental cases should
not be kept in existing courts. Instead, the judicial system must be completely
reevaluated in order to make room for new courts and prevent a miscarriage of
justice.

6
 Research Problem

The specialised environmental laws are the foundation for environmental

protection, but a large portion of the world continues to experience poor
application of environmental laws, which results in the failure of environmental
justice. Development is one of the main reasons why environmental justice
initiatives have failed. According to studies, laws protecting the environment are
unquestionably violated in favour of "growth," which directly affects
environmental justice. Establishment of environmental courts at district level are
the nearest solution to solve the problems related to environmental justice. While
these environmental courts hold immense potential for administration of
environmental justice, their implementation poses several key challenges. Some
of the key challenges are:
 Comprehensive Legislation: In India we have several legislations to deal
with cases relating to green crimes. Indian Penal Code, 1860 -(Section
268-294-A) of the Penal Code deals with the offences related to safety,
public health, etc. These sections make public health a priority and any act
which pollutes environment and make the life of an individual dangerous
is punishable under the Code. The Wildlife Protection Act, 1972’-To
prohibit the hunting of specified wild animals, birds and plants. The Water
Act, 1974-To punish the violators of the act and provides for the
criminalization of the corporate personnel who pollutes the environment.
The Air Act, 1981 The Forest Conservation Act, 1980.The Environment
Protection Act, 1986-An umbrella legislation with many objectives. Public
Liability Insurance Act, 1991. Hazardous Wastes (management, handling
and trans-boundary) Rules, 2000. Noise Pollution (regulation and control)
Act, 2000. Biological Diversity Act, 2002. To put all laws into a straight
jacket would be a difficult task.

 Institutional Framework: The implementation of environmental courts at

grassroot level requires various systems and platforms to work together,
which can be challenging.
 Establishment of Green Courts: In order to establish a Green Court at
the local level, judges with expertise in environmental science would need
7
 to be appointed, broadening the purview of environment courts. As
environmental law and other fields are related, it is important to make a
distinction between environmental matters from other cases.
 Regulation and legal framework: Since they are still in their infancy,
there is uncertainty on how Green Crimes and Environmental Courts
should be regulated and run.
 Education and awareness: The study of green crimes is a complicated
field that calls for specialised training. There is a need to inform and
educate college and high school students to these issues.

Moreover, the existing regulatory framework for environment Protection needs

to be examined with jurisdiction of existing courts and the execution of the
judgment in current scenario. This is important to ensure that the authorities
presiding the court have the special experience relating to the subject matter. In
India the government have taken steps to adjudicate matters relating to green
crimes and also established National Green Tribunal for the speedy disposal of
cases. The central government have launched various schemes for conservation of
environment i.e. nagar Van Udyan Scheme, project Tiger and one of the most
well-known scheme is Swachh Bharat Abhiyan are some of the important
measures taken by government for environment protection
However, it is important to ensure that these scheme are effective in addressing
the protection of environment from Green Crimes. The need of Environment
Courts is essential for creating strict punitive measures as the preservation of
nature is crucial because it significantly affects human health, both in regards to
minimizing infectious disease and its appearance. Having a wild habitat stops
infectious diseases from spreading from animals to people. One well instance is
the Novel Coronavirus outbreak. Additionally it is essential to explore how the
regulatory Framework of environmental legislation can be designed with respect
to jurisdiction of environment court so that the purpose of conservation of
environment from green crimes could be achieved.

8
 Literature Review

i. Professor Usha Tandon (2018), “Environmental Courts and Tribunals:A

Comparative Analysis of Australia’s LEC and India’s NGT ”, The
Indian Yearbook of Comparative Law, Oxford University Press.

"Environmental Courts and Tribunals: A Comparative Analysis of Australia’s

LEC and India’s NGT" is a article by Professor Usha Tandon, originally published
in 2014. The article compares the environment courts and Tribunals in Australia
and India and closely explains the function and procedure administration of
environment justice. The author includes the discussion on the environmental
disputes settlements at the international level and setting up of an International
Court for Environment within United Nations.

The author have not discussed the establishment of environmental courts at grass
root level

Research Gap:
The potential research gap that could be explored is the degree to which Usha
Tandon’s article is that the author have done comparative analysis between the
National Green Tribunal and Australia’s Land and Environment Court with
respect to their functioning, statutory provisions and historical background. The
author made recommendations for a number of stakeholders, particularly the
Ministry of Environment and Forests and Climate Change, to remove obstacles
from its effective and efficient operation, including by providing infrastructure
and hiring staff with the necessary skills to handle the many issues that are
brought to its attention. However, it may be worth considering how Usha
Tandon’s work has influenced the development of the field of environment court
and new research questions have emerged regarding existing jurisdiction of
National Green Tribunal

9
 ii. Lal Kurukulasriya and Kristen A Powel.(2010), “History of
Environmental Courts and UNEP’s Role”, Journal of Environmental
Law, Volume 32, Issue 3

Lal Kurukuasriya and Kristen A Powel’s article “History of Environmental Courts

and UNEP’s Role” explains the development of environmental court at
international level. The article provides an overview of environmental courts and
discuss vairious conferences where the matter relating to environment court were
considered.

The article discusses various programme that have been organized by United
Nation Environment Programme (UNEP). author also explores the challenges that
arise o Environment Court or Environment Tribunal in decision-making, such as
the need for transparency and accountability.

Research Gap:

“History of Environmental Courts and UNEP’s Role” by Lal Kurukuasriya and

Kristen A Powel was published in 2010 at the time when National Green Tribunal
established in India and exercising its jurisdiction in India on the issues relating to
civil matters.

Researcher explains the history of environment Courts and explains that Since late
1960s, widespread public awareness of environmental issues has resulted in a
growing number of movements that aim to confront environmental degradation to
protect environment from illegal practices that are harmful on Environment
Problems on execution of Environmental law not covered.

Overall, Lal Kurukuasriya and Kristen a Powel’s article provides an important

foundation for exploring the development of environment court in International
level through programs, conferences and conventions, there is a need for
continued research on the topic to address the emerging issues and challenges
associated with the Jurisdiction of environment court in decision-making.

10
 iii. Brian J Preston. (2018). Environmental Courts and Tribunals:
Improving Access to Justice and Protection of the Environment Around
the World, Pace Environmental Law Review.

The article " Environmental Courts and Tribunals: Improving Access to Justice
and Protection of the Environment Around the World " by Brian J Preston
discusses the role of environment court in decision-making. The authors describe
the development of an environments and Tribunals around the world, which was
designed to provide environment justice.

Author discussed the establishment of Specialized Environment Courts and

Tribunals (ECT) in 20 countries, and noted that 15 additional countries have
authorised them but have not yet done so, while 7 countries had operated them
before deciding to stop. Traditional judicial and administrative systems as well as
the way environmental disputes are decided are all being rapidly altered by these
new specialised adjudication bodies.

Research Gap:

The article " Environmental Courts and Tribunals: Improving Access to Justice
and Protection of the Environment Around the World " by Brian J Preston,
published in the journal Pace Environmental Law Review in 2018, Compared the
ecvironmental court of various countries and their jurisdiction with respect to
green crimes.
The author has done the comparative analysis of environment court in India,
United states, Australia and United Kingdom. The researcher conveys that there
are two main objectives are cited for the creation of Environment Court First is
rationalization and the second is specialization.

One potential research gap in this article is the lack of discussion on, the
rationalization as to the hierarchy of environment courts in the judicial system.
. While the authors touch on the benefits and drawbacks of using such a system,
11
they do not fully explore the legal considerations for the setup of environment
courts at grass root level

iv. Gill, Gita (2012). The National Green Tribunal, India: Evolving Adjudicatory
Dimensions of a Specialized Environmental Forum, Journal of
Environmental Law,

In this article, Gill Gita discusses the objectives of ECT and makes suggestions for
the efficient resolution of environmental disputes as well as for increasing
awareness of the importance of procedural and substantive justice in relation to
environmental issues.

The author also highlights a thorough investigation on ECTs conducted in 2009 by

eminent researchers George Pring and Catherine Pring, which found over 350
ECTs in 41 countries. 3 In 2016, there were over 1,200 ECTs operating in 44
countries, spanning all governmental tiers and encompassing all main legal
systems (civil law, common law, mixed law, Asian law, and Islamic law), with the
majority having been established in the previous years..

Research Gap:
While Gill Gita's article provides a comprehensive framework for understanding
the procedurl and substantive justice in relation to environment issues, there are
several areas that could be further explored by future research. Some potential
research gaps include:

 Application of the framework: While Gill Gita’s framework provides a

comprehensive overview of the various types of ECT’s around the world,
it would be interesting to see how this framework applies to civil cases
only.

 Dynamics of procedural and substantive justice: Gill Gita emphasizes that

procedural and substantive justice, but does not delve deeply into the

12
 factors that drive substantive and procedural change over time. Further
research could explore the area of green crimes that shape the evolution of
procedural and substantive justice.

v. Raghav Sharma. (2016). Green Courts In India: Strengthening

Environmental Governance, Environment law and Development Journal.

In his article "Strengthening Environmental Governance," Raghav Sharma This

emphasises the issues plaguing the Indian court system that have led to a request
for a specialised judiciary. The author explored the evolution of environmental
jurisprudence in India as the essay's background. In light of the international
experience pertaining to similar courts in Australia and New Zealand, the author
discusses the Law Commission of India's key recommendations addressing many
aspects of the proposal for a "green" court.

The author also emphasises how, despite being exhaustive as well as

comprehensive on well-known aspects of the issue, the Law Commission's
186th Report fails to comprehend and explore the relatively obscure anomalies
that beset the idea of having Green Courts in the recommended form. This gap
makes the proposed institutional arrangements myopic.

Overall, Scherer's article provides a comprehensive overview of the risks and

challenges associated with establishment of Green Court and highlights the need
for a regulatory framework that is adaptable to the ever-evolving field.

Research Gap:

While Raghav Sharma’s article on "Strengthening Environmental Governance,"

provides a comprehensive overview of the challenges and potential risks
associated with establishment of Green Courts, it does not provide a detailed
analysis of the specific legal and regulatory frameworks that are currently in place
or being developed to address these challenges.

13
The researcher in this article discussed the provisions relating to development of
environmental jurisprudence. The author propose to showcase the Law
Commision of India’s significant recommendations regarding various dimensions
of the ‘green’ court project in light of the international experience concerning such
courts in Australia and New Zealand. Could have added individual participation
in Policy making
.

vi. Domenico Amirante (2012). Environmental Courts in Comparative Perspective:

Preliminary, Pace Environmental Law Review Volume 29 Issue 2

The article " Environmental Courts in Comparative Perspective: Preliminary " by

Domenico Amirante, published in 2012, From comparative standpoint, this article
addresses the "pros" and "cons" of the creation of Green Tribunals in the Indian
judicial system. It starts by reviewing current trends showing a significant
preference for specialised jurisdictions and compares them to the European and
American experience, which is normally more favourable to generic courts and
tribunals.

In addition, the author argues that, in terms of effectiveness and social legitimacy
of a "sustainable legislation," "green tribunals" appear to be highly helpful tools to
serve the expanding needs of environmental protection and sustainable
development.

Research Gap:
While " Environmental Courts in Comparative Perspective: Preliminary by
Domenico Amirante provides a thorough analysis of the legal frameworks
governing environment court in various countries, there are some potential
research gaps that future research could address:

The article focuses primarily on legal and regulatory frameworks and does not
explore the broader aspect of Green Courts. Future research could examine the
impact of establishment of Environment court in India, including issues related to
environment protection, environment justice, and the jurisdiction of court.

14
The article primarily focuses on the legal frameworks governing Environment
laws in developed countries and does not examine the regulatory landscape in
developing countries. Future research could explore how developing countries are
addressing the challenges on Green Crimes, and whether there are differences in
the approaches taken by developed and developing countries.

vii. Nicholas A. Robinson (2012). Ensuring Access to Justice Through

Environmental Courts. Pace Environmental Law Review Vol. 29

The article “Ensuring Access to Justice Through Environmental Court” by Nichlas

A. Robinson, discusses the The phrase "grass roots" is often used to describe
social movements that start locally and spontaneously. These movements
Primarily rely on their local roots, direct service to affiliated contituents, and
inimum reliance on on upper echelons of social decision-making for their survival

"Grass roots" appears appropriate when used to describe the global rise of
environmental courts and tribunals over the past ten years. In more than 41
nations, there are already more than 350 environmental courts and tribunals.

Overall, the article suggests that establishment of green courts at grass root level
would be an important step towards protecting environment in India and could
have positive implications for the development environment justice.

Research Gap:
One potential research gap in “Ensuring Access to Justice Through Environmental
Court”, is the lack of discussion around the procedural aspect of environmental
courts. While the article does touch on the procedural or statutory aspect of
environmental courts for research and development, it does not explore the
potential challenges that may arise for establishment of such courts.

Another research gap is the jurisdictional aspect of Environmental court and the
qualification of the authorities to preside such courts of protecting environment
15
from green crimes and ensuring environment justice. While the article provides an
overview of the green courts and further research in this area could provide
valuable insights.

viii. Reece Walters & Diane Solomon Westerhuis (2013). Green crime and the
role of environmental courts, Crime Law and Social Change
The article "Green crime and the role of environmental courts " by. Reece Walters
& Diane Solomon Westerhuis (2013), provides an overview of various
environmental crimes and offences, rising as a result of recent environmental
changes. Environmental or “green crime” judicial processes are expanding quickly
in many countries.

Article also highlights regulatory and legal frameworks of nation states to

guarantee adherence to international environmental law, ranging from
various Conventions and Protocols i.e. convention on International Trade in
Endangered Species of Fauna and Flora (CITES), the Montreal Protocol, Basel
Convention, and Kyoto Green crime and the role of environmental courts 281
Protocol.

Finally, the article goes on to mention that there were at the time 41 nations
offering "green chambers," specialised judges, and tribunals. Many of these
environmental judicial settings play specialised roles while keeping national or
local characteristics. The jurisdiction of these courts varies nation to nation: some
are civil (non-criminal) courts, some are criminal courts and some are
administrative courts

Research Gap:
While the authors discuss the environmental courts or green chambers of 41
national states and highlighted the legal and regulatory framework of nation state
to guaranteed adherence to international environmental law, ranging from
various Conventions and Protocols, they do not provide a detailed analysis of
regulatory framework that could be effective in India to impart environment

16
justice
Additionally, the author has outlined the emergence of green courts and conducted
a thorough analysis of cases of green crimes; nevertheless, Green justice with
regard to land management and development has not been covered.

Therefore, future research could focus on evaluating the establishment of

environment court at different level and addressing the challenges associated with
implementing legal framework and regulatory measures for environment justice.

ix. Tim Stephins (2005) “The Role of International Courts and Tribunals in
International Environmental Law”, Journal of Environmental Law, Volume 30,
Issue 2

The article provides an overview of the ways in which, the author discusses a
number of fundamental topics that have already started to garner international
consensus, such as the responsibility of governments for transboundary harm. But
it also went beyond, highlighting the necessity for governments to safeguard the
environment for their own sake and the sake of future generations, as well as to
nudge them towards implementing an integrated and coordinated approach to
environmental management.

Overall, the article provides a comprehensive introduction to improve the

effectiveness of the national legal system This study has been incorporated into
these discussions in the particular context of environmental regime, which may
improve its effectiveness. It has attempted to explain situations in which
international environmental litigation may successfully contribute to international
environmental law by examining the real potential and function of international
courts and tribunals.

Research Gap:
One potential research gap in the article “The Role of International Courts and
Tribunals in International Environmental Law”, Tim Stephins (2005) is the
limited discussion of challenges and limitations in the application of environment
law at the grass root level for effective administration of environment justice. For
17
example, issues related to the green crimes at international level and the
procedural measures to dispose uch cases, or the potential for unintended
consequences or unforeseen acts associated with Green crimes, are not extensively
explored in the article.

x. George Pring & Catherine Pring (2016) “Environmental Courts and

Tribunals”, Book Published by UN Environment, law division

In this book “Environmental Courts and Tribunals”by George Pring and

Catherine, authors discuss the global demands for significant improvement in
access to justice. Author elaborates the explosion of Environmental Courts and
Tribunals in the past 15 years, which reflects widespread discontent with current
adjudication institutions for resolving environmental disputes. Additionally, the
author discovered that properly designed and run Environmental Courts and
Tribunals do, in fact, increase access to justice in ways that are quicker and less
expensive than traditional court systems, improve environmental governance, and
better promote the rule of law.

This book serves as a detailed resource for Environment Courts and Tribunals
planning and capacity building, the various Environment Court and Environment
Tribunal models, an expert list of best practices, and a 4-step assessment
procedure. It offers a mechanism to assess if an ECT is the best option to increase
access to justice, public engagement, and information, as well as environmental
justice, community credibility, the rule of law, sustainable development, and "fair,
rapid, and affordable" environmental dispute resolution.

Research Gap:
The research gap in this book is that author has detailed the resource of
Environment court by comparing Environment Courts and Tribunals of various
Nations however the legislative framework of Environment court was very limited
to such Nations. While the article provides a valuable comparison of the
Environment Courts and Tribunals in nations like Australia, Brazil and New
Zealand, it does not explore other countries or regions, which limits the

18
generalizability of the findings.

Additionally, the article focuses primarily on the legal framework of

Environmental court and regulations but does not address how these legal
frameworks will be implemented in practice or how they will execute the
decisions. Furthermore, the article does not explore the potential challenges and
barriers to implementing these laws or the potential unintended consequences of
environment Court regulation.

Therefore, future research could expand on this study by conducting a more

comprehensive comparative analysis that includes other countries or regions, as
well as by exploring the practical implementation of Environment Court and
Tribunals. Research could also investigate the perspectives and concerns of
various states to assess the effectiveness of current policies in promoting the
protection of environment from Green Crimes.

xi. Tseming Yang and Robert V. Percival (2009) The Emergence of Global
Environmental Law, Ecology Law Quarterly Vol. 36, No. 3/ University of
California, Berkeley

The Book " The Emergence of Global Environmental Law" by Tseming Yang and
Robert V. Percival, in this the author of this starts off by outlining some of the
global patterns that show the formation of international environmental law. Also,
it outlines the intellectual underpinnings of international environmental law as
well as the primary processes by which it is being developed: mostly through
transplantation and convergence, and to some extent by integration and
harmonizing.

The author also looks at some of the factors influencing the development of this
brand-new discipline and explains why international environmental law is now
taking shape.

The author concludes with a few words on reasons for the emergence of
international environmental law might mean for the teaching and practise of

19
environmental law and discusses some of the applications of
international environmental environmental law to the significant case of China.
The author then discusses the implications for the practice and development of
environmental law across the globe.

Research Gap:
The paper "The Emergence of Global Environmental Law" by Tseming Yang and
Robert V. Percival proposes many global trends that demonstrate the development
of international environmental legislation from a global perspective. The author in
this book only focuses on the idealistic situations that do not necessarily fit to the
local situations.

The authors acknowledge that the proposed framework that author compared with
china and requires further research and development before it can be implemented
in a real-world setting. Therefore, there is a need for more research to validate the
feasibility and effectiveness of the proposed framework. Additionally, the paper
does not discuss the potential challenges and limitations of the proposed
framework, which may need to be addressed in future research.

Furthermore, the paper does not provide a comprehensive analysis of the existing
literature on Environment court at the grassroot level. Many global trends that
demonstrate the development of international environmental legislation

Therefore, even though the suggested framework is a novel approach, more

investigation, development, and field testing are required to confirm its viability
and efficiency in solving the problems with the present healthcare system.

20
 Research Gap

As the Legislation on Green crimes in India, is becoming increasingly important

to study their regulatory framework and how these laws be implemented in grass
root level. Despite the growing interest in this area, there is still a significant
research gap in the regulatory analysis for environment court and Green crimes in
these two domains.
Lack of comprehensive regulatory frameworks: Despite the growing interest in
Green crimes, there is a lack of comprehensive regulatory frameworks that
address the unique challenges in this field. In addition to this, there is lack of clear
guidelines and regulations. While there are some international and national
conventions and programmes in which India is have actively participated, there is
still no comprehensive regulatory framework for the jurisdiction of Green crimes.
There is a need for regulatory guidelines that can cover not only civil matters but
also criminal matters related to environment for administration of environment
justice.

Limited Jurisdiction of national Green Tribunal: There is little study

comparing the regulatory frameworks of various jurisdictions, despite studies on
National Green Tribunals and Environment Courts in several countries. To find
gaps, best practises, and chances for international cooperation, a comparative
study is required.

Lack of empirical research: Empirical studies are required to determine how

Green Crime and Environment court legislation will protect the environment. The
efficiency of current regulatory frameworks as well as prospective areas for
change can be determined with the use of this research.

Another area that requires research work is the qualifications of various

authorities or departments dealing with the matters relating to green crimes. While
certain measures to combat green crimes are already under progress in India, it is
yet unclear how the system would function at the local level.

21
Additionally, there is also need to study the judicial system and the National
Green tribunal. the study include the penal proisions and the criminal jurisdiction
of green crimes under a blanket framework. The administration of environmental
justice must be ensured by creating strong regulatory frameworks that handle
these issues for the environment court.

22
 Research Questions
1. What are the underlying assumptions for Environment Courts?
2. Whether governments are adopting wide jurisdiction to Green courts to
adjudicate on Green crimes?
3. Whether the Environment policies are drafted keeping the future vision of
this dynamic world with the continuous increase in Green Crimes?
4. What is the loophole in the implementation of the guidelines/policies?

23
 Research Hypothesis

1. To ensure that the environment is protected from green crimes, the

current regulatory framework—which includes extensive legislation in
Green Crime and a National Green Tribunal—needs to be improved.

2. Hypothesis: Jurisdiction of criminal matter inn environment law is a

major concern which can be assessed and managed effectively by
establishing environment court and adhering to strict implementation
of international conventions, guidelines and regulations.

3. Hypothesis: In order to ensure that local environment courts will serve

to safeguard the environment, regulatory analysis is crucial to the
process of collaboration between the federal government and the state
in developing guidelines for their development.

4. Hypothesis: To ensure institutional framework for the proper

administration of environment matters with respect to green crimes in
Uttarakhand.

24
 Research Objectives

1. To identify and analyze the concept of Green crime its nature, scope and
its interrelation with the existing legislation in India i.e. Environment
(Protection) Act 1986, The Indian Forest Act 1927, Air (Prevention and
Control of Pollution) Act 1977, Water (Prevention and Control of
Pollution) 1974 Act, The Wildlife Protection Act 1972, Indian Penal Code
1860 etc.
2. To analyze the effects of establishing Green Courts and Qualification for
appointment of authorities adjudicating the matters relating to green crime
3. To evaluate the existing regulatory framework and Specialised
Jurisdiction, with a focus on Green Crime, and to determine whether it is
in compliance with relevant laws and regulations.
4. To assess and analyze the special education, Workshop and Training
Program by the experts in Environmental Law, and to develop effective
strategies for managing the challenges.
5. To explore the design of a regulatory framework for Environment Courts
that promotes Environment Education on Green Crimes and strict penal
provisions on violation of these laws, while protecting public interest, and
to identify key elements of such a framework, including standards healthy
ecosystem.

25
 Significance of Study
The Environmental Protection Act of 1986 served as India's first codification of
environmental legislation, which has a long history. Currently, the Ministry of
Environment, Forestry, and Climate Change (hereinafter MoEF), which was
established in 1985, is the top administrative authority in the nation for
formulating environmental protection laws and regulations. During the 1970s,
there have been a lot more environmental rules. The MoEF is the industry's central
administrative and regulatory body, along with the regional and federal pollution
control agencies.

Environmental cases are heard in courts or tribunals that are being established
gradually. In truth, environmental courts have a number of benefits, including
quick decisions, effectiveness, and qualified, specialised judges who have
previously collaborated with local non-judicial specialists.

Article 21, Article 48A, and Article 51A of the Indian Constitution specifically
address the environment in order to secure environmental justice for people (g).
However, there are also significant challenges associated with the environment
court at local level. To address these challenges, regulatory frameworks are
needed to ensure that it only applies to civil proceedings and excludes criminal
offences, there are still some problems with the courts' jurisdiction
notwithstanding the National Green Tribunal's establishment. Hence, Green
Crimes are not covered by the National Tribunal Act. For this purported reason,
Schedule I excludes the Wildlife Act and Forest Act. Environmental cases
shouldn't be kept in the current courts due to the intricacy of the legal system and
the ongoing criminal trials. Instead, a thorough evaluation of the legal system is
required to make place for additional courts and avert injustice.

26
 Conceptual Framework

The Indian legal system has proven its dedication to environmental protection
with its expansive jurisprudence, which has significantly increased Indian
residents' access to environmental justice. The Supreme Court, in particular, has
taken a proactive role in defending the environmental rights ingrained in the
Indian Constitution.

Legal and Policy Framework: The first aspect of regulatory analysis is the legal
and policy framework that establishes the environment court at local level. In
India, the National Green Tribunal of India (NGT) was established after a lengthy
and complex process that was influenced by a number of issues. The first aspect
that needs to be highlighted is the constitutional background, which demonstrates
a continuous evolution from a lack of environmental protection principles (in the
original text of the Constitution, in force since 1950) to the development of a
bewildering array of environmental legal instruments and judicial actions. With
the help of this research the researcher would like to propose a comprehensive
Law covering various issues with regard to the green crimes. The present study
come up with the precise evaluation and inquisition of the present jurisdiction as
well as the system dealing with this environmental wrongs. In absence of
specialized legislation relating to green crimes this research carries more
importance.

Existential Legislation in India: The legal guidelines for environmental

protection in India are as follows. Safety, public health, and other relevant
offences are covered in Sections 268–294–A of the Indian Penal Code, 1860.
These parts prioritise public health, and any action that endangers an individual's
life or pollutes the environment is prohibited by the Code. The Wildlife Protection
Act of 1972 (WPA) was passed to outlaw the hunting of a number of wild
animals, birds, and plants. The Water Act of 1974 was passed to penalise those
who break the law and to make it illegal for company employees to harm the
environment. The 1981 Air Act 1980's, Forest Conservation Act. The
Environment Protection Act of 1986 is a comprehensive law with numerous goals.
The 1991 Public Liability Insurance Act.
27
International Standards and Cooperation: The regulatory framework for
Environmental court and Green Crimes is also influenced by international
standards. In India, the The Ministry of Environment, Forests, and Climate
Change (hereafter MoEF), has initiated programs and schemes for the adoption of
international conventions on environment law.
Overall, while India, the Australia, and the US have different regulatory
environments for environment Protection, and efforts are underway to develop
frameworks to achieve this. The evolving nature of the regulatory environment for
protection from Green crime is necessary to keep up with developments in this
field.

28
 Research Design
Research Methodology: Both empirical and non-empirical research
methodologies were used in this study. Case studies, surveys, and interviews with
experts, stakeholders, policymakers, and business leaders will be used to gather
the primary data.
Secondary data can be collected from government reports, publications, existing
laws and regulations, and other relevant sources like various text books, reference
books, te cases decided by the courts, Laws Passed by the legislature and another
relevant Treaties, conventions and research Articles.

During the non-empirical study, a comparative research design approach shall also
be adopted which would include analysis of the regulatory frameworks in India,
US, and Australia. This would involve a critical examination of the legal and
regulatory structures, policy approaches. The research will also involve a review
of relevant literature, reports, and case studies on Green Crimes and Environment
Court regulation in healthcare and smart cities.

Sample: The sample for this study will consist of policymakers, authorities,
experts, academics, from India, the United States, and the Australia. The sample
size will be determined based on the feasibility and availability of participants.

Data Collection: The primary data will be collected through surveys, interviews,
and case studies. Surveys will be conducted with the participants to collect their
opinions and perceptions about the regulatory frameworks on Environment Court
at local level. Interviews will be conducted with the policymakers, environment
experts, and Authorities dealing with these matters. Case studies will be
conducted to examine the implementation of the regulatory frameworks in specific
healthcare and smart city projects. The secondary data will be collected from
various sources, such as government reports, academic publications, and
judgements.

Data Analysis: Both qualitative and quantitative research techniques will be used
to assess the information gathered from the surveys, interviews, and case studies.

29
To find the themes and patterns in the qualitative data, content analysis will be
used to analyses it. In order to determine the distinctions and affinities among the
regulatory frameworks in India with various nations., the quantitative data will be
statistically evaluated.

Expected Outcome: With the help of this research the researcher would like to
propose a comprehensive Law covering various issues with regard to the green
crimes. The present study come up with the precise evaluation and inquisition of
the present jurisdiction as well as the system dealing with this environmental
wrongs. In absence of specialized legislation relating to green crimes this research
carries more importance.

The research would be of great significance and assistance for the current
examination and drafting specific and comprehensive code on one of the most
important aspect of human life that is Environment.

30
 Chapterisation
Chapter 1: Introduction
 Background and context of the study
 Problem statement and research questions
 Significance and scope of the study
 Objectives and methodology

Chapter 2: Historical Perspective of Green Crime

 Historical Evolution of Green Crime
 Understanding the concepts Green Crime
 Development of Green Crime in India

Chapter 3: Legislative framework for Green Crimes in India

 Comparative analysis of the regulatory approaches
 Analysis of key laws and regulations, such as Environment Protection Act,
Forest Act 1927, Indian Penal Code 1860 etc.
 Discussion of the impact of regulatory frameworks on Green Crime.

Chapter 4: National Green Tribunal

 Overview of NGT its establishment, purpose and objective.
 Jurisdiction of National green tribunal in India
 Discussion on Landmark judgments given by NGT

Chapter 5: Jurisdiction of Indian courts on matters related to Environment

 Comparative analysis of jurisdiction of in Indian courts with various other
countries
 Discussion of the impact on other courts considerations on the
establishment of environment court at local level

Chapter 6: Examination and sustainability or specific jurisdiction and model

legislation
 Comparative analysis of specific jurisdiction India with various other
nation
 Formulation of model legislation.

Chapter 7: International Concept of Environment courts

 Overview of international organizations on environmental law

31
  Comparative analysis of international conventions.
 Analysis of key organizations and initiatives, such as UNEP, UNFCCC,
IPCC, WNO, etc.

Chapter 8: Findings, Conclusion, Recommendations and Suggestions

 Analysis of findings and key takeaways
 Implications for policymakers, regulators, and Schemes by government
 Limitations of the study and future research directions
 Recommendations and Way forwards

32
 Proposed Plan of Work

S. No. Proposed Work Tentative Date

1. Thesis Proposal Defense March 2023

2. Extended Literature Review April, 2023

3. Identify Stakeholders and collect May, 2023

Empirical Data

4. Chapter 1 & 2 June, 2023

5. Chapter 3 & 4 July, 2023

6. Chapter 5 &6 September, 2023

7. Chapter 7 & 8 November, 2023

8. Publications November, 2023

9. Thesis Submission January, 2024

33
 Bibliography

Books:
 Matthew Hall, 2015, Exploring Green Crime: Introducing the Legal,
Social and Criminological context of Environmental Harm, Palgrave
 Angus Nurse, Gary R. Potter, Matthew Hall, 2016, “The Geography of
Environmental Crime
 Conservation, Wildlife Crime and Environmental Activism”, Palgrave
Macmillan UK
 Stuart Bell, Donald Mcgillivary, Ole W Pederson (2013), Environment
Law, The Oxford University Press
 Richard J Lazarus, 2023 The making Of Environment Law, The
University of Chicago Press, London
 Brian J. Preston, (2014), Characteristics of Successful Environmental
Courts and Tribunals, The Oxford University Press.
 M J Lynch, P B Stretesky (2016), “Exploring green criminology:
Toward a green criminological revolution”
 P Beirne, N South (2013) Issues in green criminology
 TA Green (1985) Verdict According to Conscience: Perspectives on
the English criminal trial jury 1200-1800
 MJ Lynch, SF Pires, (2019), “Quantitative studies in green and
conservation criminology: The measurement of environmental harm
and crime”
 Josephine Walwema, Jared S. Colton &Steve Holmes, (2023) The Ethics
of Inclusion, Exclusion, and Protection in The Green Book
 A Nurse, (2022), Cleaning up greenwash: Corporate environmental crime
and the crisis of capitalism, Green Criminology and the Law,
 D Rothe, D Kauzlarich, (2022), “Crimes of the Powerful: White-collar
Crime and Beyond”
 VA Greenfield, L Paoli, (2022), Assessing the harms of crime: A new
framework for criminal policy

Research Papers/ Articles:

 Brian J Preston “Environmental Courts and Tribunals: Improving Access

to Justice and Protection of the Environment Around the World”, Pace
Environmental Law Review

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 Professor Usha Tandon (2014), “Environmental Courts and Tribunals:A
Comparative Analysis of Australia’s LEC and India’s NGT ”, The Indian
Yearbook of Comparative Law
 Lal Kurukulasriya and Kristen A Powel , “History of Environmental
Courts and UNEP’s Role ”, Journal of Environmental Law, Volume 32,
Issue 3
 Gill, Gita, “The National Green Tribunal, India: Evolving Adjudicatory
Dimensions of a Specialized Environmental Forum”, Journal of
Environmental Law,
 Raghav Sharma, “Green Courts In India: Strengthening Environmental
Governance”, Law Environment and Development Journal
 Domenico Amirante (2012), “Environmental Courts in Comparative
Perspective: Preliminary Reflflections on the National Green Tribunal of
India”, Pace Environmental Law Review Volume 29 Issue
 Nicholas A. Robinson. (2012) “Ensuring Access to Justice Through
Environmental Courts”, Pace Environmental Law Review t Vol. 29
 Reece Walters & Diane Solomon Westerhuis (2013) “Green crime and the
role of environmental courts”, Crime Law and Social Change
 Tim Stephins (2005) “The Role of International Courts and Tribunals in
International Environmental Law”, Journal of Environmental Law,
Volume 30, Issue 2
 George Pring & Catherine Pring (2016) “Environmental Courts and
Tribunals”, Book Published by UN Environment, law division
 Tseming, Yang & Robert V. Percival. (2009). “The Emergence of Global
Environmental Law”, Ecology Law Quarterly Vol. 36, No. 3/ University
of California, Berkeley.
 Zander S. Venter, (2022), “Is green space associated with reduced crime?
A national-scale study from the Global South Author links open overlay
panel”, Science of The Total Environment Volume 825,
 MJ Lynch, (2022), “Punishing environmental offenders: criminal
environmental sentencing in Louisiana, 2004-2014”, Journal of Crime and
Justice, 2022 - Taylor & Francis

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 SM de Froideville, (2022), “Storied experiences of the Havelock North
drinking water crisis: A case for a 'narrative green victimology'”,
International Review of Victimology, 2022
 R White , (2022), “Environmental Crime, Ecological Expertise and
Specialist Environment Courts”, Green Criminology and the Law, 2022

36