Climate change has ceased to be a matter of regulation and has become a crisis of a criminal responsibility crisis. Although the nature of environmental destruction is massive, the criminal law is structurally ill-fitted to deal with the harm caused by climate change. This chapter takes a critical look at the doctrinal, procedural, and jurisdictional loopholes that make it impossible to prosecute crimes that are climate-related and environmental in nature. It says that the ecological devastation of massive scope, be it through industrial contamination, deforestation, activities requiring excessive use of carbon, or because of corporate misinformation, should be recalculated as a grave criminal offense as opposed to non-conformity to regulations. The chapter examines the principles of mens rea, causation, corporate criminal liability and transnational jurisdiction to determine the structural limitations in the current legal systems. It suggests broad criminal law reforms based on international ecocide movement, climate lawsuits, and Indian environmental law, using concepts of ecocide and climate litigation, and Indian environment law, using concepts of ecocide and climate litigation, and Indian environmental law. The chapter ends with the conclusion that a radical shift in turning grey laws to enforceable green justice is essential to any significant climate responsibility and intergenerational justice.
Sajeda Zaman (Sun,) studied this question.