Reforming India’s Legal Framework for Environmental Crimes: Integrating Technology and Global Best Practices for Climate Justice
Year: 2025
Type: article
Abstract: Environmental crimes, including illegal mining, pollution crimes and wildlife trafficking, undercut India’s climate agenda, undermine the safety and security of vulnerable communities and compound climate injustice. Even with the legislative protection of acts, such as the Environment Protection Act (1986) or the National Green Tribunal (NGT), enforcement mechanisms themselves create a legitimate impediment to accountability. This paper investigates India's regulatory processes to examine how effective they can be as tools to prevent environmental crimes and how closely those regulatory processes align with principles of climate justice. The legal analysis of statutes and NGT rulings are supplemented by case studies (such as the Bellary illegal mining issue or the Ganga Pollution) that help highlight the issues of enforcement as well as the severity of penalties or monitoring. Examining international instruments like the European Union's Environmental Crime Directive and enforcement initiatives of the United States Environment Protection Agency (EPA) shows best practice in compliance and prosecution. The paper sets out options for reform, including the establishment of specialist environmental courts and examples of technology-driven approaches (e.g., satellite monitoring and using blockchain for product supply chain transparency) that could enhance enforcement. Given the disproportionate impact on Adivasi and coastal communities, the paper argues that strong regulation can improve equity in climate action. The paper relies on (1) recent data from the Ministry of Environment, Forest and Climate Change; (2) UNEP reports (2023 to 2025); and (3) expertise and best practices obtained through Interpol's Environmental Crime Programme to provide concrete recommendations. With an emphasis on global learning and technology, the research framework aims to inspire a reshaped legal framework that reinforces accountability and adheres to the conference's theme of rethinking environmental law and policy for climate action.
Author: Mohd Arsh Shery
Institution: Villa College
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4415323286