INTRODUCTION
One of the greatest challenges of the twenty-first century has been environmental degradation, fuelled by rapid industrialisation, deforestation, illegal mining, pollution and loss of biodiversity. These activities have caused serious ecological damage, threatening public health, livelihoods and sustainable development. Environmental disasters in India have revealed the deficiencies of the current legal system, which is based largely on regulatory penalties, civil liability and a limited criminal liability that is often inadequate to deal with widespread or irreversible damage to the environment.
In response to such concerns, the concept of ecocide has emerged as a significant development in international environmental law. Ecocide refers to the large-scale or long-term destruction of the environment.[1] Although ecocide is not currently recognised as an international crime under the Rome Statute of the International Criminal Court,[2] its inclusion as a fifth international crime has been proposed by the Independent Expert Panel for the Legal Definition of Ecocide, convened by the Stop Ecocide Foundation. This proposal has not yet been adopted, but it has raised the level of global debate on the criminal liability of persons responsible for such serious environmental damage.
Against this backdrop, an important question arises before India: is its existing constitutional and environmental criminal law framework sufficient to deal with catastrophic ecological damage, or should ecocide be recognised as a separate criminal offence? This blog examines India’s legal framework on environmental crime and international developments on ecocide, and weighs the benefits and challenges of making ecocide a crime, while balancing environmental protection with the developmental and economic priorities of the country.
UNDERSTANDING ECOCIDE: MEANING AND INTERNATIONAL DEVELOPMENTS
The word “ecocide” is derived from the Greek word oikos (home or environment) and the Latin caedere (to kill), and refers to the destruction of the natural environment. It denotes serious, extensive, or long-term harm to the environment that puts ecosystems, biodiversity, and the well-being of present and future generations at risk. Ecocide, however, is a distinct matter — it concerns damage of such magnitude that it threatens ecological integrity and cannot be adequately addressed through ordinary regulatory penalties or civil liability, as in the case of typical environmental offences.
In 2021, the global movement to criminalise ecocide gained traction when an Independent Expert Panel convened by the Stop Ecocide Foundation proposed a definition of ecocide for inclusion as the fifth international crime under the Rome Statute of the International Criminal Court. The Panel defined ecocide as unlawful or wanton acts committed with knowledge of a substantial likelihood of “severe and either widespread or long-term” damage to the environment.[3] This proposed definition has not yet been adopted by the Assembly of States Parties, but it has already triggered significant international debate on expanding criminal liability for serious environmental destruction. It later formed the basis of the formal amendment proposal submitted by Vanuatu, Fiji and Samoa in September 2024.[4]
Several countries and international organisations have begun to recognise the need for tougher environmental criminal laws, indicating a shift from viewing environmental degradation as a purely regulatory issue to treating it as a criminal justice issue. These developments prompt India to consider whether its constitutional, environmental and criminal law framework is adequate to address catastrophic ecological harm, and whether ecocide as a separate criminal offence would strengthen environmental protection and accountability.
INDIA’S EXISTING LEGAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION
India has an extensive system for environmental protection through the Constitution, special legislation, and case law. Nevertheless, the laws governing environmental protection deal with pollution and conservation of the environment but do not address environmental catastrophe as a specific crime.
Environmental protection through the Constitution is founded on Article 21, under which the Supreme Court has interpreted the right to life to encompass the right to live in a clean and healthy environment.[5][6] Article 48A of the Constitution requires the State to protect and improve the environment,[7] whereas Article 51A(g) obligates citizens to conserve natural resources such as forests, rivers and wildlife, among others.[8]
The Environment (Protection) Act, 1986 is the principal Indian statutory framework that empowers the Central Government to control pollution and establish environmental standards.[9] Other important legislation includes the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Forest (Conservation) Act, 1980, the Biological Diversity Act, 2002, and the National Green Tribunal Act, 2010, which provides specialised adjudication and compensation for environmental disputes.[10]
Environmental governance has also been strengthened by judicial decisions. The Supreme Court in M.C. Mehta v. Union of India enunciated the doctrine of absolute liability for hazardous industries.[11] In Vellore Citizens’ Welfare Forum v. Union of India, it recognised the Precautionary Principle and the Polluter Pays Principle,[12] while in Indian Council for Enviro-Legal Action v. Union of India, it endorsed the obligation of polluters to remediate environmental damage.[13]
Despite these safeguards, the legal framework in India remains largely based on regulatory penalties, civil liability and limited criminal sanctions. It does not contain a specific offence for serious, widespread or long-term ecological destruction, raising the question of whether criminalising ecocide as a distinct offence would enhance environmental accountability.
SHOULD ECOCIDE BECOME A CRIMINAL OFFENCE IN INDIA?
The rising frequency of catastrophic environmental destruction has become one of the reasons for advocating a separate crime of ecocide in India. India’s environmental laws provide civil relief, administrative penalties and limited criminal punishments, but do not adequately address severe, extensive and long-lasting environmental destruction. This gap is what has brought the debate on criminalising ecocide to the fore.
Advocates of ecocide believe that its criminalisation will bring greater accountability to environmental law. The punishment under existing laws does not act as an effective deterrent against activities that cause severe ecological devastation. Criminalising ecocide would elevate such destruction to the level of a serious crime against society, fulfilling the constitutional duty to protect the environment under Articles 21, 48A and 51A(g).[14] It would also strengthen corporate accountability, since criminal law would make it possible to hold individuals and organisations responsible where such destruction is caused intentionally or recklessly.
Making ecocide a crime would bring India in line with the latest developments in international environmental law. India is not a State Party to the Rome Statute of the International Criminal Court,[15] but recognising the crime of ecocide under national law would be a testament to India’s commitment to global environmental protection and sustainable development.
At the same time, some practical challenges must be acknowledged. The concepts of “severe”, “widespread” and “long-term” harm to the environment may be broad and difficult to interpret with precision, and if drafted imprecisely, the offence could become excessively wide-ranging and deter legitimate investment and economic activity. These are not reasons to abandon criminalisation, but reasons to ensure that any such offence is defined with sufficient clarity and precision.
A well-drafted law on ecocide would address these difficulties. A narrowly and precisely defined offence of ecocide would strengthen India’s existing environmental laws by improving deterrence, ensuring accountability of offenders, and safeguarding the country’s ecological security.
THE WAY FORWARD: REFORMING INDIA’S ENVIRONMENTAL CRIMINAL LAW
India needs to develop a stronger criminal legal framework to deal with cases of environmental degradation. While the existing constitutional provisions and environmental laws provide a measure of protection, there is significant scope to increase the effectiveness of this framework. A legal regime specifically addressing ecocide is needed — either by criminalising it as an independent offence or by integrating it into existing criminal laws. Any such law must clearly define the threshold of environmental harm required, such as damage that is severe and either widespread or long-term, and the mental element required for criminal liability, such as intentional or reckless conduct, since these are central to defining ecocide as an offence.
Institutional improvements are also required for effective implementation. Coordination among environmental regulators, investigative agencies and prosecuting authorities, coupled with the development of investigative teams comprising legal, scientific and forensic experts, will enhance the ability to prosecute serious environmental crimes. Strengthening the National Green Tribunal will further improve environmental governance.
Further, accountability can be enhanced by conducting rigorous environmental due diligence, audits, reporting, and risk assessment. Appropriate criminal liability should attach to prominent corporate figures responsible for causing catastrophic environmental damage.
Finally, it is necessary to achieve a balance between environmental conservation and economic development, resorting to criminal action only in the most serious cases of ecological deterioration, while addressing lesser instances through other regulatory means.
CONCLUSION
India has a robust constitutional and statutory framework for the protection of the environment. Nevertheless, the existing legal framework is overly dependent on regulatory measures, civil liability and limited criminal sanctions, leaving serious gaps in addressing catastrophic environmental destruction. The international campaign to make ecocide an international crime reflects the demand for greater accountability for serious, widespread or long-term damage to the ecology. Any move to criminalise ecocide in India would have to strike a balance between legal certainty and economic development, but a tightly and clearly defined offence aimed at intentional or reckless environmental destruction could complement existing laws. Such reforms, together with stronger enforcement, institutional capacity and corporate accountability, would reinforce constitutional values, bolster environmental justice, and better secure India’s ecological security and its promise of sustainable development for present and future generations.
Author(s) Name: Akshal. M (Sathyabama Institute of Science and Technology)
References:
[1] Independent Expert Panel for the Legal Definition of Ecocide, Commentary and Core Text (Stop Ecocide Foundation, June 2021).
[2] Rome Statute of the International Criminal Court (adopted 17 July 1998, entered into force 1 July 2002) 2187 UNTS 90, art 5.
[3] Independent Expert Panel (n 1) 5.
[4] Letter dated 9 September 2024 from the Permanent Representatives of Vanuatu, Fiji and Samoa to the United Nations addressed to the Secretary-General, Proposal of Amendment under Article 121(1) of the Rome Statute (Crime of Ecocide) C.N.523.2024.TREATIES-XVIII.10.
[5] Constitution of India 1950, art 21.
[6] Subhash Kumar v State of Bihar AIR 1991 SC 420; MC Mehta v Union of India AIR 1988 SC 1037.
[7] Constitution of India 1950, art 48A.
[8] Constitution of India 1950, art 51A(g).
[9] Environment (Protection) Act 1986.
[10] Water (Prevention and Control of Pollution) Act 1974; Air (Prevention and Control of Pollution) Act 1981; Forest (Conservation) Act 1980; Biological Diversity Act 2002; National Green Tribunal Act 2010.
[11] MC Mehta v Union of India (Oleum Gas Leak case) AIR 1987 SC 1086.
[12] Vellore Citizens’ Welfare Forum v Union of India (1996) 5 SCC 647.
[13] Indian Council for Enviro-Legal Action v Union of India (1996) 3 SCC 212.
[14] Constitution of India 1950, arts 21, 48A and 51A(g).
[15] Rome Statute of the International Criminal Court (n 2) preamble and art 125.
