Criminalising Environmental Harm: Lessons for India from the EU Environmental Crime Directive (2024)

On 11 April 2024, the European Union adopted a revised Environmental Crime Directive (ECD), marking a significant shift in the global approach to environmental criminal law. By recognising that environmental harm can be criminally prosecutable even when committed under the guise of regulatory compliance, the Directive introduces the concept of autonomous environmental crimes based on a ‘manifest breach of relevant substantive legal requirements. This development challenges the traditional doctrine wherein administrative permits often shield polluters from criminal liability. For a country like India, which continues to rely heavily on civil sanctions and weak criminal enforcement under environmental statutes such as the Environment (Protection) Act, 1986, and the Water and Air Acts, the ECD offers critical lessons. This paper analyses the transformative features of the revised ECD and explores their applicability within the Indian context. It argues that adopting similar mechanisms—such as recognising ecocide as a grave criminal offence, codifying substantive environmental duties, and removing immunity for actions conducted under valid permits—could significantly strengthen India's environmental jurisprudence. However, the challenge lies in ensuring such reforms align with fundamental criminal law principles like legality and legal certainty.