GREEN CRIMINOLOGY AND ENVIRONMENTAL JUSTICE

GREEN CRIMINOLOGY AND ENVIRONMENTAL JUSTICE

Author: Chinni Poojitha, , a Student of BBA- LLB, Department of Law, Koneru Lakshmaiah Education Foundation, Vaddeswaram, Guntur, Andhra Pradesh

INTRODUCTION

In an era marked by unprecedented environmental challenges, the intersections of criminal behavior and ecological harm have given rise to a field of study known as “Green Criminology”. Green criminology is a unique and burgeoning field of study that examines the intersection of environmental harm, ecological degradation, and criminal activities. It focuses on understanding and analyzing how both individuals and corporations contribute to environmental destruction and how these actions can be considered criminal offenses. Simultaneously, environmental justice emphasizes the need for fair and equitable distribution of environmental benefits and burdens, advocating for marginalized communities disproportionately affected by environmental harm.

At its core, green criminology challenges traditional notions of crime by expanding the concept to encompass offenses against the environment. It investigates a wide range of activities, from illegal logging, wildlife trafficking, and toxic waste dumping to white-collar environmental crimes committed by corporations. These offenses not only harm ecosystems and wildlife but also impact human health and communities. By examining the legal, social, and economic aspects of these actions, green criminology seeks to hold perpetrators accountable for their environmental transgressions.

THEORETICAL APPROACH

Environmental Justice – “Environmental Justice” is a concept that falls within the realm of green criminology, a field that examines the interactions between environmental issues and criminal justice. Environmental justice is concerned with the fair and equitable distribution of environmental benefits and burdens across different social groups, particularly focusing on the disproportionate impacts of environmental harms on marginalized and vulnerable communities.

Ecological Justice – “Ecological Justice” is a concept within the field of green criminology that emphasizes the fair and equitable distribution of environmental benefits and burdens among different social groups and communities. Green criminology is a subfield of criminology that focuses on the study of environmental harm, including crimes against the environment, animals, and humans, as well as the socio-legal responses to such harm.

Species Justice – “Species Justice” is a concept within the field of green criminology that focuses on the rights and interests of non-human living beings and the need to address harm inflicted upon them by human actions. Green criminology is a branch of criminology that examines environmental harm and its intersections with social, economic, and political factors

LEGISLATIVE APPROACH

The major threats to the survival of humanity have been environmental problems including carbon emissions, climate change, and ozone depletion, which have taken center stage since the United Nations Conference onman the Environment in 1972 and the Paris Agreement signed in 2016. Countries have partially criminalized environmental offenses through local legislation and are punishing offenders through their criminal justice systems. International environmental law has developed in a fragmented manner under various conventions, which forbid the trade in wildlife and endangered species, outlaw whaling, transboundary pollution, non-commercial use of Antarctica, prevent pollution of the seas, regulate the dumping of nuclear waste in the seas, preserve biodiversity and prevent pollution of space, to name a few notable areas governed by conventions. These agreements tend to be declarative and persuasive, and they place duties on nation-states to enact domestic legislation to implement the convention, or in monistic nations, the convention becomes a part of the law once ratified. The majority of environmental treaties have their roots in international humanitarian law, which views the environment as a shared human possession. However, it is up to the ratifying nation to choose to apply the convention by its legal framework and policy. Therefore, international environmental law adopts a soft law strategy, whereas international criminal law adopts a hard law strategy. 

CONCLUSION 

Green criminology and environmental justice are critical areas of study and action in today’s world. They intersect at the nexus of environmental harm and social justice, highlighting the injustices that often result from environmental degradation and the pursuit of profit at the expense of the planet and vulnerable communities. 

Green criminology has shown that environmental harm is not a victimless crime. It disproportionately affects marginalized communities, exacerbating existing inequalities. Environmental justice is about recognizing and rectifying these injustices by ensuring that all individuals, regardless of their socio-economic status or background, have the right to a clean and healthy environment. Green criminology sheds light on the role of corporations in environmental harm. 

Both green criminology and environmental justice benefit from raising awareness and educating the public. Laws must evolve to address emerging environmental challenges. Legal reforms should prioritize stricter penalties for environmental crimes, incentives for sustainable practices, and the protection of environmental defenders.