Volume 9, Issue 12, December – 2024 International Journal of Innovative Science and Research Technology

ISSN No:-2456-2165

Green Criminology an Overlooked Area :

A Threat to our Future
Dr. Tejaswi Avhad
Incharge Principal
Balaji Law College
Tathawade, Pune

Abstract:- Understanding and studying green journal Theoretical Criminology, which led to the term's
criminology is essential given the growing number of widespread use[2].
environmental issues, particularly in India, such as
pollution, climate change, deforestation, water scarcity, Green Criminology differs from traditional approaches
and habitat destruction. This is because the study of this in two areas:
field helps in identifying the criminal activities that may
lead to these issues and their effects on the ecosystem  This approach examines the causes and consequences of
and environment. The study of environmental law that environmental harm, regardless of whether it is lawful.
focuses on offenses against the environment is known as  Unlike most criminology, it focuses on harm to animals
"green criminology." This topic looks at and investigates and plants in ecosystems.
how human activity might degrade the environment and
hurt its inhabitants in the process. This paper addresses Since crimes are social constructs with no ontological
the concept of 'Green Criminology', which is concerned basis, they are defined as harmful activities or behaviors that
with environmental crimes and Earth jurisprudence. society has made illegal and that must be punished in
Crimes against the environment are rapidly growing as a accordance with the criminal law of the state. These defined
result it is important to understand function, core areas crimes include offenses against someone's body, reputation,
and significance of green criminology. Humans can or property, and are dealt with by the criminal justice system
cause lasting environmental damage through both by punishing the perpetrator. Street crimes, or crimes
development and ignorance of nature. The lack of committed by someone against another person or their
appropriate legislation in this regard also makes it property, have been the primary focus of criminology.
possible for opportunists to harm the environment. The
punishment imposed for environmental violations is The incorporation of a green viewpoint was a turning
likewise quite light, giving criminals the option of point in the development of the idea of green criminology
avoiding prosecution by paying a small sum of money. around the turn of the millennium[3].While trying to define
The researcher examines the impact of environmental green criminology, two different interpretations of the term
crimes and also examine legal barriers, providing a "green" were offered: environmental justice and the idea that
comprehensive overview of India's legal framework in corporations were mostly to blame for environmental crimes;
environment. However, strict legislation and government as a result, both harm and crime are essential to green
implementation are necessary for this to occur. criminology[4].
Countries must work together to protect the
environment and follow principles outlined in Although radical and critical in its goal of incorporating
international environmental conventions. ecological crimes within the discipline of criminology, green
criminology is a subfield of criminology[5]. Street crime was
Keywords:- Green Criminology, Environment, Green the primary emphasis of existing criminology theories, which
Crimes, Justice, Climate Change, Earth Justice. sought to explain, quantify, theorize, and comprehend
criminal conduct. It was discovered that these ideas were
I. INTRODUCTION mostly focused on explaining the motivations for crimes
done by individuals against other people[6]. The inability of
Green Criminology examines environmental harms and the current theories of criminology to account for
crimes, including environmental law and policy, corporate environmental effects was demonstrated by the attempts of
environmental crimes, and environmental justice, from a green criminologists to integrate green crimes within the
criminological perspective. Michael J. Lynch coined the domain of classical criminology[7].The goal of the school of
phrase "green criminology" in 1990 and built on it in Nancy green criminologists' research and endeavors has been to
Frank and Michael J. Lynch's 1992 book, Corporate Crime, provide a theory that can be used to successfully handle
Corporate Violence[1]. The book explored the political and green crimes.
economic roots of green crime and injustice, as well as the
scope of environmental laws. In 1998, Piers Beirne and Nigel
South produced a special issue on green criminology in the

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Volume 9, Issue 12, December – 2024 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165

II. FUNCTION OF GREEN CRIMINOLOGY Green criminology investigates issues such as water
theft and ocean plastic pollution, in addition to climate
A. Several Sociological Perspectives have been put out to change. This article connects environmental challenges to
Comprehend the Function of Green criminology: broader social issues and provides strategies to mitigate and
 According to certain criminologists, we should only prepare for future changes. Green criminology seeks to
concentrate on the people and organizations that violate understand the impact of human behaviour on the
the environmental regulations that have already been environment and identify potential solutions. Green
established by national and international organizations. criminology is a relatively new phrase, coined around 30
These offenses are referred to as Primary Green Crimes. years ago. However, its importance has grown due to its
Secondary Green Crimes are offenses that arise from direct impact on our environment.
disobeying laws intended to safeguard the environment.
 According to other criminologists, every action that Climate change is a major subject that is often
negatively impacts the environment should be the main overlooked. This persistent issue is constantly transforming
focus of criminology. This implies that it will encompass the earth, with regular reports of extraordinary superstorms,
those actions that are not unlawful as well. typhoons, droughts, and floods. The dynamics are radically
changing our common reality. Green criminology addresses
Green criminology may have many definitions and the impact of industry, such fracking, on carbon emissions,
theories. However, in reality, it is an assault on a person's environmental degradation, and global warming. Green
conscience. The mirror is attempting to display humanity's criminology views climate change as ecocide, implying the
nasty side, which we willfully and persistently ignore. The annihilation of everything valued and known.
focus is on the behaviors that need to be considered crimes
since they are the slow poison that is steadily and We must discuss eco justice and adopt an eco-centric
continuously destroying Mother Earth. perspective on our connection with nature. Climate change
is a human-caused phenomenon, Criminology can identify
B. Core areas of Green Criminology: specific industries and individuals responsible for
environmental destruction through concepts like ecocide and
 Ecological Justice: carbon criminals.
Evaluating human impact on ecosystems, which are
made up of both living and non-living elements, is necessary Humans are systematically ruining the earth. Green
for ecological justice. For example, damage to mountains, criminology addresses environmental harm. The study
rivers, forests, and the creatures that live there is a cause for examines not only climate change, but also plastics in the
concern. It's about recognizing the harm that humans are ocean and water theft. Water theft is increasingly linked to
causing to the environment and taking action. droughts, which in turn are linked to climate disruption and
change. Green Criminology explores the relationship
 Environmental Justice: between environmental changes and societal interventions to
It is primarily concerned with people and the mitigate and adapt to them.
inequalities and conditions that exist for various
demographic groups, including children, the impoverished, The United Nations Crime and Justice Research
the weak, and indigenous people. Institute defines 'Environmental Crimes' as illegal activities
such as wildlife trafficking, ozone layer smuggling,
 Species Justice: hazardous waste trade, unregulated fishing, and illegal
This element focuses on how animals are treated. It logging. An 'environmental crime' is defined as an act or
handles issues like ecocide, which is the taking of human life omission that harms the environment and is clearly
combined with harm to the health of other species, and prohibited by law.
justice.
Environmental crime refers to a wide range of crimes
C. Significance & Necessity of studying Green that have negative implications for the environment and
Criminology: human well-being. Infractions include administrative or
Green criminology is important because it advocates record-keeping errors, as well as illegal pollution discharges.
for the natural world and the environment. It aims to prevent
environmental harm and protect the earth from it. By D. Aims of Green Criminology:
combining it with academia, it seeks to provide the future  Green criminology aims to detect and address
generation a fresh outlook on the world. The focus is on environmental damages at both national and global
adopting an ecocentric perspective that considers our levels.
interdependence with the natural world and promoting eco-  Explain the grounds for such environmental violations.
justice. Given that we know that climate change is  Once the reasons and causes have been identified,
happening and that humans are to blame; green criminology propose solutions.
examines why it is still happening. It introduces concepts  Preventing environmental harm for humans, non-
like ecocide, which is the destruction of the ecosystem, and humans, and ecological systems.
designates certain companies and individuals as "carbon
criminals."

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Volume 9, Issue 12, December – 2024 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165

E. Hindrances of Green Criminology: based on the same reasoning as the declaration of the
 Going beyond criminology to embrace eco-philosophy Whanganui river as a living person. However, unlike the
as a comprehensive answer, Eco philosophy needs structures erected to safeguard Whanganui through
shifting from a human-centered mind-set to one that extensive talks, this judgement was more of a wishful order
prioritizes ecological. without any foundation. The Uttarakhand government
 Green crimes can be classified under criminology. contested this ruling of the Uttarakhand High Court in the
 There is little interest in mainstream criminology. Supreme Court, arguing that flood victims might sue the
 The field of 'green criminology' has been hindered by river's guardians. This argument is fundamentally faulty
value positions within it. Many researchers prefer to be because the major issue was the protection of rivers,
in a neutral value space, while 'green criminology' has a glaciers, and tributaries from pollution [10]. It was also
bias towards exposing environmental destruction and contended that such an order was unsustainable under the
criticizing the legal, political, and economic frameworks law. The High Court aimed to grant the river the right to
that allow such activities to occur. exist, fulfil its job, and naturally evolve [11]. The Supreme
 Fails to provide comprehensive solutions that can be Court temporarily halted the order before overturning the
effectively applied. High Court's verdict. Although the Supreme Court did not
 It focuses on the political-economic nexus rather than the approve earth jurisprudence, indeed judicial incorporation
individual as the cause of environmental degradation. has begun [12].
 Branding Issue - The term 'green' has been a topic of
G. Contributing Environmental offences:
dispute in this discipline. Corporations involved in
harmful operations, such as oil extraction and thermal
 Illegal Wildlife Trade:
power production, have used green branding to reassure
shareholders and consumers about their ecologically Illegal wildlife trade is the world's third-largest
criminal activity, after drug and arms trafficking, and it
beneficial practices.
poses a substantial threat to biodiversity survival. Buyers
play a crucial role in this crime, and reducing supply and
F. Earth Jurisprudence:
How do we perceive nature internally? This is an outrageous prices on the illicit market could eliminate it.
important question for humanity to solve. The response to
this question will determine the types of environmental laws Surprisingly, the financial value of a species increases as its
status becomes more endangered. Popular species include
that will be enacted. Currently, the anthropocentric
tropical birds (parrots, macaws), arachnids (particular
perspective prioritizes man as the top of the pyramid of
tarantula species), monkeys (capuchins, chimps, lemurs),
living beings, implying that nature exists solely for human
and more. Trafficking elephant and rhinoceros ivory for
consumption and utility. Earth jurisprudence is a
methodology that prioritizes the earth system and natural ornamental or traditional Chinese medicine is a serious
crime, in addition to selling them as pets.
processes[8]. Laws based on this approach are referred to as
'wild law'. 'Earth jurisprudence' refers to a legal philosophy
 Unregulated Logging:
that prioritizes earth systems. Similar to green criminology,
this is a perspective and attitude rather than a formal theory. Unregulated logging for timber, furniture, or
agricultural uses is the principal cause of deforestation and
Green criminology's eco-philosophy encompasses constitutes a significant environmental hazard. The
destruction of the Amazon rainforest and unregulated tree
three approaches: anthropocentrism, biocentrism, and eco-
harvesting for diverse purposes is a serious environmental
centrism. Wild law is based on eco-centrism, which holds
crime.
that all things in the universe have equal value and moral
standing[9]. Hinduism and Jainism appreciate all living
things and believe in 'wholeness', which aligns with Mason's  Mismanagement of Electronic Waste:
theory of earth jurisprudence. Berry's concept of 'great Developed nations generate an estimated 50 million
jurisprudence' emphasizes the interconnectedness of all tonnes of electronic garbage annually, including computers,
living creatures and the need to consider the earth TVs, mobile phones, and appliances. Up to 75% of
community as a whole. electronic garbage may be illegally transferred to places
such as Africa, China, or India. Ghana's waste disposal
Recently, some countries have passed laws and receives a significant amount of electronic waste from
Western countries, indicating a troubling trend.
included clauses in their Constitutions to safeguard nature
and the environment. In India the High Court used earth
 Dumping Toxic Waste in Rivers:
jurisprudence to recognize nature's rights and green
criminology to make abuses of these rights punishable. Toxic waste is improperly disposed of in rivers, lakes,
and aquifers, a common environmental violation committed
The Uttarakhand High Court awarded River Ganga a by businesses, corporations, and government agencies.
living personality, requiring both the State and people to Unregulated garbage disposal into the environment can
cause pollution and harm local wildlife. This crime not only
maintain its health and vitality. This decision called for the
formation of a Ganga Management Board and designated a harms the local species, but also contaminates the land and
number of authorities as the river's parents. This ruling was food chain.

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Volume 9, Issue 12, December – 2024 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165

To address environmental concerns, the country has [8]. Jack Lampkin, UNITING GREEN CRIMINOLOGY
implemented actions to mitigate them. The steps include the AND EARTH JURISPRUDENCE, 23 (2021).
following Acts that have been passed: The following laws [9]. L. Hosken, Reflections on an Inter-Cultural Journey
apply: National Green Tribunal Act, 2010, Air Act, 1981, into Earth Jurisprudence, in: Burdon, P.D. (ed)
Water Act, 1974, Environment Protection Act, 1986, EXPLORING WILD LAW: THE PHILOSOPHY OF
Wildlife Protection Act, 1972, Hazardous Wastes EARTH JURISPRUDENCE (2011).
(management, handling, and trans-boundary) Rules, 2008, [10]. The Director of NAMAMI Gange, the Chief Secretary
Forest Conservation Act, 1980, Public Liability Insurance of the State of Uttarakhand and the Advocate General
Act, 1991, Biological Diversity Act, 2002, and Noise of the State of Uttarakhand were declared persons in
Pollution (regulation and control) Act, 2000. loco parentis.
[11]. Lalit Miglani v State of Uttrakhand & others.
III. CONCLUSION WITH SUGGESTIONS [12]. Orissa Mining Corporation v. Ministry of Forest and
Environment 2013 (V) AD (SC) 289.
Environmental legislation is based on sustainable [13]. Carter, Jacob, and Gretchen Goldman, Strengthening
development, which allows for harm to the environment as Scientific Integrity at the Environmental Protection
long as it is less than the benefit of use. Giving rights to Agency, Union of Concerned Scientists, 2020.
nature and its elements will reorient jurisprudence toward [14]. Gagnon , S.C. Thompson, and M.A. Burton, Eco
protecting the rights granted to the environment [13]. The centric and Anthropocentric Attitudes Toward the
punishment inflicted on the community teaches civil society Environment, 14(2) JOURNAL OF
the importance of adhering to rules[14]. ENVIRONMENTAL PSYCHOLOGY,149–157
(1994).
International environmental law has been instrumental [15]. Rule 4 of the Solid Waste Management Rules, 2016.
in establishing environmental rights, but has been hesitant to
criminalize environmental misdeeds [15]. Strengthening the
international framework for green crimes is important.
Currently, international environmental law is
anthropocentric, with limited criminalization of green
crimes and no focus on earth jurisprudence. The primary
goal remains to protect human welfare from environmental
harm. Green criminology can boost deterrence and raise
awareness of environmental problems, but offers limited
punitive flexibility. Incorporating earth jurisprudence fosters
a duty-oriented approach to the world and its inhabitants.
This concept has the potential to influence human behaviour
and ideas. We must safeguard and cherish our loved ones,
including both humans and environment.

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