The domino effect of the USA- Iran war has affected our country and our homes in many ways. Be it the LPG crisis, the falling share market or the appeal by the Prime Minister to reduce travel, reduce buying of gold or to work from home. But what about the real effect on our ‘homes’? and by ‘home’ I mean Mother Nature herself, an innocent silent victim who bears the brunt of every war and conflict and often takes generations to heal. From atom bombs in Japan, Agent orange in Vietnam to oil spill in Persian Gulf and black rain in Tehran the ecosystem has seen it all. The first two weeks of this war had been so intense that the constant military operations across both the countries emitted more than 5 million tons of CO2 in the environment. and within the first few weeks the emissions surpassed the annual emissions by Kuwait , a country with the highest per capita emission due to its heavy reliance over fossil fuels.
These examples are just the tip of the iceberg. Little do we realise that such constant wars have long lasting effects on the environment and the disruption that it creates makes it difficult for the planet to recover. Such wanton acts which lead to widespread destruction of the environment with multi-generational effect, is known as Ecocide . The term Ecocide, much like genocide means killing one’s home i.e. the environment or simply put, the deliberate act to harm the environment. A term used since the 1970s has been only a part of discussions in India rather than being enacted as a law. There is an immediate need to broaden our horizons and to include in our discussions not just global warming but ecocide as well. Time and again there have been discussions regarding the inclusion of Ecocide as the 5th International crime under the Rome Statute yet it is far from the inclusion. Many countries criminalised it, Vietnam being the first country to do so .
India on the other hand, after amending its environmental protection laws has decriminalised environment destruction. In the name of technological and country development the Indian ecosystem is sacrificed. BJP MP Mr Sujeet Kumar proposed the much-needed law the Ecocide (Prevention and Accountability) Bill, 2025 last year which provides for the protection of intergenerational equity through criminalising ecocide. But unfortunately, the bill not yet seen the light of the day as private member bills face constant hurdles on the way. The statement of the object of the Bill very clearly lays down the bitter truth about our country. Due to the decriminalisation of acts that lead to largescale environmental harm, for corporations with deep pockets, environment destruction is simply an added expense in their books. The fear of punishment and retribution is gone. Despite there being a fundamental duty mentioned in the Indian Constitution, i.e. Article 51A (g), to protect and improve our environment it is only in the papers that our Indian ecosystem survives, otherwise it is silently suffering its own mass destruction.
One of the ways to rectify this situation is through passing of this bill in the Parliament.
Section 2 (e) of the Bill defines Ecocide. It is as follows-
“ecocide” means any unlawful or wanton act or omission, committed with knowledge of substantial likelihood of severe, widespread or long-term damage to the environment, including harm to ecosystems, biodiversity, and natural resources;
Section 3 describes the meaning of “wanton” and section 5 includes military activity in the possible lists of acts that may lead to ecocide . The bill is clear in its mandate that this act should be enacted to defend our constitutional values of environment protection. The bill treats ecocide as a non bailable, cognizable and non compoundable offence with 10 years of jail to life imprisonment and or a fine of upto Rs 5Lakhs . The bill proposes the establishment of a Ecocide Restoration Bond wherein the court may direct the convicts under this bill to contribute towards this bond which will be further used for restoration activities. Apart from this, the bill also discusses about the establishment of a National Ecocide Remediation Fund . The purpose of this Fund is to provide relief and compensation to the tribal, forest or the coastal community victims of large scale environmental disruption.
It is high time that India realises the requirement for a law addressing the problem of ecocide. The existing laws simply not enough to protect the environment. Payment of fines and penalties or ecologically inappropriate afforestation is not the solution anymore. There needs to be criminal accountability. There have been several incidents ‘worthy’ of being equated to ecocide and yet India has failed to open its eyes. The Endosulfan case in Kerala, the Chardhaam yatra project, the destruction of the Aravali range, the Great Nicobar Island Project or the illegal mining in Western Ghats and Indian river beds are just some of the incidents in India that have occurred or are still underway and yet there is no authority being held responsible for such annihilation of the environment. The Supreme Court too time and again has deliberated on the point that our Right to life is intrinsically linked to a healthy and clean environment. Be it the MC Mehta vs Union of India A.I.R. 1987 S.C. 1086 or Vellore Citizens Welfare Forum vs Union of India AIR 1996 SC 2715 or the T. N Godavarman v Union of India Writ Petition (Civil) No. 202 of 1995 the court keeps on discussing the importance of protection, conservation over commercial exploitation, intergenerational equity and duty to take care. The judiciary alone cannot be the sole torch bearer for environment protection; the legislation needs to do its part. Perhaps the enactment of this bill could be the answer to this all.