DECRIMINALIZING ENVIRONMENTAL OFFENSES: IMPLICATIONS OF REMOVING PENALTY PROVISIONS IN INDIAN ENVIRONMENTAL LAW

The decriminalization of environmental offenses in India has sparked intense debate among policymakers, legal experts, and environmental advocates. This study examines the implications of removing penalty provisions from key environmental laws such as the Environment Protection Act, 1986, and the Water (Prevention and Control of Pollution) Act, 1974. The study critically examines the rationale behind decriminalization, its potential impact on compliance and deterrence, and whether alternative enforcement mechanisms such as administrative penalties, restorative justice, and economic incentives can effectively replaces criminal sanctions. Drawing on case studies, global practices, and empirical data, this study highlights the challenges and opportunities posed by the policy shift, offering recommendations for a balanced and sustainable regulatory framework. The findings aim to contribute to the ongoing discourse on modernizing environmental governance in India without compromising ecological and public health priorities.