ECOCIDE AND ENVIRONMENTAL JUSTICE: A CRITICAL STUDY ON THE RECOGNITION OF ECOCIDE AS A CRIME IN INDIA

Environmental degradation has intensified in scale, complexity, and long-term impact, revealing the structural limitations of traditional environmental governance models. Although India has developed an extensive constitutional and statutory framework for environmental protection, large-scale ecological destruction continues to be addressed predominantly through regulatory penalties, administrative sanctions, and compensatory mechanisms. Criminal accountability for grave environmental harm remains comparatively limited in scope and enforcement. The global discourse on “ecocide” proposes a paradigm shift by conceptualising severe, widespread, or long-term environmental damage as a serious criminal offence. Several jurisdictions have introduced ecocide-like provisions into domestic criminal law, while international advocacy continues to seek recognition of ecocide under the Rome Statute of the International Criminal Court. This emerging movement reflects a normative transition from regulatory environmentalism to criminal environmental justice. This article critically examines whether recognition of ecocide as a distinct criminal offence is necessary within the Indian legal framework. It analyses constitutional environmental jurisprudence, evaluates statutory mechanisms, examines ecocide-like incidents within India and abroad, and undertakes a comparative assessment of legislative developments in other jurisdictions. The article further explores institutional and doctrinal challenges that may arise in incorporating ecocide into Indian criminal law. It argues that while India’s environmental framework is progressive in constitutional principle, it remains largely remedial in operation. Recognition of ecocide could strengthen environmental justice, provided that legislative drafting is precise, institutional capacity is enhanced, and the reform is harmonised with constitutional safeguards and federal principles.