Ecocide is derived from Greek and Latin, translating to ‘killing one’s home’ or ‘environment’. Currently, there is no universally recognized legal description of ecocide, but a group of lawyers from the NGO Stop Ecocide Foundation proposed a definition in June 2021 to align environmental devastation with crimes against humanity. According to their proposal, ecocide refers to “”unlawful or reckless actions carried out with the awareness that there exists a substantial probability of causing severe and either extensive or enduring harm to the environment.””
In 1970, biologist Arthur Galston connected environmental devastation to genocide, during his address about the U.S. military’s use of Agent Orange during the Vietnam War, marking the first noteworthy connection between the two. The term was also used by Swedish Prime Minister Olof Palme at the United Nations when he spoke about industrialization causing irreversible harm to the environment.
Status of Ecocide Acknowledgment in India
India’s relationship with the concept of ecocide is complex. While the country has not signed or ratified the Rome Statute of the International Criminal Court (ICC) nor expressed any official stance on the proposal to criminalize ecocide, it has ratified several international environmental treaties and conventions like the Convention on Biological Diversity, the United Nations Framework Convention on Climate Change, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Moreover, India has implemented multiple national laws and policies to protect its environment, such as the Environment Protection Act 1986, the Wildlife Protection Act 1972, and Compensatory Afforestation Fund Act, 2016 (CAMPA).
Despite this, the term ‘ecocide’ is not formally integrated into Indian law, and its usage in court judgments is casual at best.
Arguments for and Against Ecocide Criminalisation
The criminalisation of ecocide is a globally divisive issue, with equally compelling arguments on both sides.
Proponents argue that it acknowledges the importance of preserving ecosystems in their natural state for intergenerational justice and climate change mitigation. Recognition of ecocide as a crime could deter activities harmful to the environment and holds individuals and entities accountable for harm to the climate.
On the other hand, critics worry it might pit development goals against environmental conservation and infringe upon a nation’s sovereignty. It also has the potential to hinder scientific research and pose enforcement challenges.
Future Path for Environmental Protection
Regardless of whether ecocide is criminalized, the paramount objective should always be the protection and preservation of the environment. Suggestions for future measures include introducing ecological restoration bonds and implementing mandatory environmental education.
Ecological restoration bonds could enforce companies with significant environmental impacts to contribute to restoration efforts. Mandatory environmental education would raise awareness about environmental rights and responsibilities and empower citizens to advocate for the environment.
Past UPSC Civil Services Examination Questions Related to Ecocide
In the past, there have been several questions in the UPSC Civil Services Examination related to the topic of environmental protection, including specific questions about Environment Impact Assessment (EIA) studies, the draft EIA Notification 2020 vs the existing EIA Notification 2006, and the constitutionalization of environmental problems by the Supreme Court in India. The inclusion of these questions underscores the growing importance of understanding and addressing environmental issues in the civil services exam.
