NOTE: The Karnataka High Court applies the principle of “Ecocide” in a case involving Air and Water pollution by trader who stacked iron ore in open place causing Air and Water pollution. Ecocide is criminalized human activity that violates the principles of environmental justice, as by substantially damaging or destroying ecosystems or by harming the health and well-being of a species. Though Ecocide has not yet been accepted as an internationally punishable crime by the United Nations, the municipal laws worldwide have made destruction of the environment, fauna and flora as punishable offences. In India, the Water (Prevention and Control of Pollution) Act- 1974 and the Air (Prevention and Control of Pollution) Act- 1981 have occupied the filed.
M/s. Dream Logistics Company vs Karnataka State Pollution Control Board. Criminal Petition 101728/2017 decided on 6 November 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348072/1/CRLP101728-17-06-11-2020.pdf
Relevant paragraphs: 10.11 In the present case, the Petitioner is stated to have dumped iron ore in the area allocated to it in an open space. Iron ore as a term would indicate is the mineral iron ore contained in soil, which needs to be extracted therefrom. Thus, in a sense what is dumped in port area is soil containing iron ore. Once the soil dries up, there is a great possibility of dry soil being blown away by the air spreading the dry soil along with iron ore in and around the area of port. If not for the Petitioner having used the area for dumping of the iron ore, no pollution could have occurred. Whether it occurred or not is a subject matter of trial? However, the allegation as regards occurrence of the air pollution on the basis of the iron ore being dumped by the Petitioner in the allocated area is something which requires investigation and if found to be true and correct, the same would require the Petitioner to stand trial.
10.15 The fact that the allocated area is a port area, there are villages around the area also ocean beside the area would also be of considerable importance. Since apart from dry iron ore being blown away by the wind, in the event of rains occurring, the water which mixes with the said iron ore could seep into the ground, polluting the groundwater and mixing with the ocean nearby, which would cause environmental damages to the habitat as also adversely affecting the fishes and other living creatures in the ocean. If there is large scale pollution of this kind, it could also result in an ecological disaster causing untold harm and misery to human beings and the environment, even resulting in large scale death of aquatic life.
10.16 Encyclopedia Britannica defines Genocide as “the deliberate and systematic destruction of a group of people because of their ethnicity, nationality, religion, or race. The term, derived from the Greek genos (“race,” “tribe,” or “nation”) and the Latin cide (“killing”), was coined by Raphael Lemkin, a Polish-born jurist who served as an adviser to the U.S. Department of War during World War II.”
10.17 The United Nations Office on Genocide prevention gives the background of Genocide asunder: The word “genocide” was first coined by Polish lawyer Raphäel Lemkin in 1944 in his book Axis Rule in Occupied Europe. It consists of the Greek prefix genos, meaning race or tribe, and the Latin suffix cide, meaning killing. Lemkin developed the term partly in response to the Nazi policies of systematic murder of Jewish people during the Holocaust, but also in response to previous instances in history of targeted actions aimed at the destruction of particular groups of people. Later on, Raphäel Lemkin led the campaign to have Genocide recognised and codified as an international crime.
10.18 In my opinion, the large scale destruction of environment and habitat of animals is no less than the offence of Genocide, since it is the destruction of the environment, the offence would qualify to be “Ecocide”, which would amount to causing the death and destruction of the environment and other living creatures. It is time that this aspect is recognised and due action thereon taken in our country, like that taken in other countries.
10.19 Dictionary.com defines ecocide as: “the destruction of large areas of the natural environment by such activity as nuclear warfare, overexploitation of resources, or dumping of harmful chemicals.”
10.20 Merrium Webster defines ecocide as: “the destruction of large areas of the natural environment as a consequence of human activity”.
10.21 It is now absolutely required for the preservation of human life as we now know it, to preserve the environment and nature. It is only by preservation of the environment and nature that mankind can be preserved. There is an absolute and imperative need for all to adopt sustainable living and development. Man must not only sustain himself but also sustain nature, which sustains him.
10.22 In view thereof, the Pollution Control Authorities are required to be ever vigilant to avoid, if possible, the occurrence, if not, when it occurs to stop such pollution, by taking necessary steps immediately. Thereafter to initiate necessary action by following due procedure of law to punish the guilty so that the same has a deterrent effect as against future violators. The principle of “Polluter Pays” would also be applicable to take restorative action for such pollution or environmental destruction caused.
Compiled by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 