Scientific temper essential to protect environment, says former Supreme Court judge
GS3Economy · S&T · Environment · Security· Biotechnology & health research· Mains·
Why in news
Former Supreme Court judge Abhay S. Oka criticized the 2023 amendment to the Environment (Protection) Act for replacing imprisonment with monetary penalties.
Background
The lecture was hosted by the Rakesh Law Foundation in Chennai. Judge Oka argued that the shift from criminal liability to monetary penalties weakens environmental protection efforts.
Facts for Prelims
- Act / BillEnvironment (Protection) Act: Amended in 2023 to replace imprisonment with monetary penalties for violations
- PostAbhay S. Oka: Retired Supreme Court Judge
- PlaceRakesh Law Foundation: Hosted the lecture in Chennai
For Mains
Q. Critically analyze whether the shift from criminal liability to monetary penalties in environmental legislation undermines the principle of 'Polluter Pays'.
Dimensions to cover in your answer
- Deterrence gap: Monetary penalties may be viewed as a 'cost of doing business' rather than a deterrent for large corporations
- Regulatory dilution: Weakening of criminal sanctions may reduce the urgency of compliance in high-pollution zones like religious festivals
Keywords: Scientific temper · Environmental jurisprudence · Polluter Pays Principle · Regulatory compliance · Criminal liability
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