Green Crimes and Climate Justice : Rethinking Criminal Liability for Environmental Harm

Environmental degradation has reached a scale that transcends administrative violations and civil wrongs, demanding recognition as serious criminal conduct. The concept of "green crimes" — encompassing illegal deforestation, wildlife trafficking, industrial pollution, and climate manipulation — calls for a transformative shift in environmental jurisprudence. Traditional regulatory mechanisms under Indian environmental law, including the Environment (Protection) Act, 1986 and the Water and Air Acts, rely heavily on administrative penalties rather than criminal accountability. However, as climate change intensifies ecological and social harm, the need to integrate climate justice within criminal frameworks becomes imperative. Globally, the movement to recognize "ecocide" as an international crime under the Rome Statute of the International Criminal Court has gained traction, reflecting a moral and legal awakening to hold corporate and state actors liable for large-scale environmental destruction. In India, courts have invoked constitutional provisions under Articles 21 and 48A to protect environmental rights, yet criminalization remains fragmented and underdeveloped. This article critically examines the conceptual evolution of green crimes, evaluates the feasibility of introducing ecocide in Indian law, and analyses comparative models from the European Union and Latin America.