Model Answer
0 min readIntroduction
Environmental crime, encompassing illegal activities harming the environment and wildlife, is increasingly recognized as a serious threat globally. Coastal ecosystems, particularly seashores, are exceptionally vulnerable due to their biodiversity and economic importance. Corporates, driven by profit motives, often engage in activities that severely damage these fragile environments. While general environmental laws exist, direct legislation specifically addressing corporate-caused havoc to coastal wildlife is conspicuously lacking in many jurisdictions, including India. This deficiency allows for significant environmental degradation with limited legal recourse, necessitating a critical examination of the current situation.
Corporate Activities Impacting Coastal Wildlife
Corporates contribute to the destruction of coastal wildlife through a variety of activities:
- Industrial Pollution: Discharge of untreated effluents from industries like textiles, chemicals, and pharmaceuticals into coastal waters contaminates the environment, harming marine life.
- Port and Harbour Development: Construction of ports, harbours, and associated infrastructure leads to habitat destruction, sedimentation, and noise pollution, impacting breeding grounds and migration patterns.
- Tourism Infrastructure: Unplanned and unsustainable tourism development, including hotels, resorts, and recreational facilities, encroaches upon coastal habitats and generates waste.
- Oil and Gas Exploration: Offshore oil and gas exploration and extraction pose risks of oil spills, noise pollution, and habitat disruption.
- Aquaculture: Intensive shrimp farming and other aquaculture practices can lead to mangrove destruction, water pollution, and disease outbreaks.
- Shipping Activities: Ballast water discharge introduces invasive species, while ship groundings and collisions cause physical damage to coral reefs and other sensitive habitats.
Existing Legal Framework and its Shortcomings
India’s environmental legal framework, while comprehensive in some aspects, falls short in directly addressing corporate-caused harm to coastal wildlife. Key legislations include:
- Environment (Protection) Act, 1986: Provides a broad framework for environmental protection but lacks specific provisions for coastal wildlife damage caused by corporates.
- Coastal Regulation Zone (CRZ) Notification, 2011 (amended 2019): Aims to regulate activities in coastal areas, but enforcement is often weak, and loopholes allow for violations.
- Wildlife (Protection) Act, 1972: Focuses on protecting scheduled species but doesn’t adequately address habitat destruction caused by corporate activities.
- Water (Prevention and Control of Pollution) Act, 1974: Addresses water pollution but often struggles to effectively regulate industrial discharge.
- Forest (Conservation) Act, 1980: Protects forests, including mangroves, but its application to coastal ecosystems is sometimes limited.
The shortcomings are manifold:
- Lack of Specificity: Existing laws lack specific provisions defining ‘environmental crime’ in the context of coastal wildlife damage and assigning direct liability to corporations.
- Weak Enforcement: Insufficient monitoring, inadequate penalties, and bureaucratic delays hinder effective enforcement of environmental regulations.
- Absence of Strict Liability: The principle of strict liability, where corporations are held responsible regardless of fault, is not consistently applied.
- Limited Public Participation: Lack of transparency and limited opportunities for public participation in environmental decision-making processes.
- Fragmented Jurisdiction: Multiple agencies with overlapping jurisdictions create confusion and impede coordinated action.
Comparative Analysis: Unlike some European nations (e.g., Germany’s stringent environmental liability laws) and the US (Clean Water Act with significant penalties), India’s legal framework relies heavily on post-facto remediation rather than preventative measures and robust corporate accountability.
Way Forward
Addressing this gap requires a multi-pronged approach:
- Specific Legislation: Enact a dedicated law addressing corporate environmental crimes impacting coastal wildlife, defining offenses, establishing strict liability, and prescribing stringent penalties.
- Strengthened CRZ Regulations: Revise CRZ regulations to incorporate stricter environmental safeguards, promote sustainable tourism, and enhance enforcement mechanisms.
- Enhanced Monitoring and Enforcement: Invest in advanced monitoring technologies, increase the number of environmental inspectors, and streamline legal procedures for prosecuting environmental offenders.
- Corporate Environmental Responsibility: Promote corporate social responsibility (CSR) initiatives focused on coastal conservation and sustainable practices.
- Public Participation: Ensure greater transparency and public participation in environmental decision-making processes.
- Inter-agency Coordination: Establish a dedicated task force comprising representatives from relevant government agencies to coordinate enforcement efforts.
Conclusion
The unchecked exploitation of coastal ecosystems by corporations poses a significant threat to India’s biodiversity and ecological security. While existing environmental laws provide a basic framework, they are demonstrably inadequate to address the specific challenges posed by corporate-caused harm to coastal wildlife. A dedicated legal framework, coupled with strengthened enforcement, enhanced corporate responsibility, and greater public participation, is crucial to safeguard these vulnerable ecosystems for future generations. A proactive, preventative approach is essential, shifting away from reactive remediation.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.