India will need 34 years to dispose of pending cases under environment protection act

In 2022, over 88,400 environment-related cases were pending trial in India, and the courts will need to dispose of at least 242 cases every day to clear the existing backlog in a year, according to the latest data released by the National Crime Records Bureau. 

This disposal rate is almost twice as high as the current pace. In 2022, the courts resolved an average of 129 cases each day.  

Environment-related cases refer to cases filed under seven acts: The Forest Act, 1927 and the Forest Conservation Act, 1980, The Wildlife Protection Act, 1972, The Environmental (Protection) Act, 1986, air and water prevention and control of pollution acts, The Cigarette and Other Tobacco Products Act, 2003, The Noise Pollution (Regulation and Control) Rules, 2000, National Green Tribunal Act, 2010.

At the current rate, Indian courts will take between eight and 33 years to clear a backlog of cases for violations under the air & water prevention and control of pollution acts, wildlife protection act, forest conservation act and the environment protection act.

The analysis of environment crimes data for 2022 released by the National Crimes Records Bureau revealed that the cases under the Environment Protection Act are being disposed of at the slowest rate. 

At the current rate, the courts will take over 34 years to dispose of the existing backlog of cases under this act. So, the courts will need to dispose of at least six cases every day to clear the existing backlog under this act in a year. This is six times the current rate. 

At the existing pace of disposal, clearing the pending air and water pollution related cases will take over eight years. At least two cases need to be disposed of every day, for clearing the existing backlog of cases pending under the air and water pollution control acts in a year. This is double the current disposal rate.

It is necessary to recognise and solve the sluggish pace of disposal under the air and water pollution control acts and the Environment Protection Act. There has been a rise in environmental crimes / violations reported under both categories between 2021 and 2022.

For instance, between 2021 and 2022, the number of crimes registered under the Environmental (Protection) Act, 1986 increased by around 31 per cent.

During the same period, crimes registered for violating the Air (Prevention and Control of Pollution) Act and the Water (Prevention & Control of Pollution) Act also increased by around 42 per cent, according to an analysis by Down To Earth of the recent NCRB estimates released Dec 5, 2023.

An examination of the environmental cases that the India Environment Portal monitors and records reveals an increase in the number of cases that are brought before the courts, particularly the National Green Tribunal. The Centre for Science and Environment, a New Delhi-based global environment policy think tank, manages the India Environment Portal.

Over the last three years — 2020, 2021 and 2022 — the number of wildlife crimes in the country have consistently decreased, according to NCRB data. Court cases are being resolved, but far less frequently than is necessary. There are delays and a backlog as a result. In this instance, it will take the courts more than 14 years to clear the backlog of cases involving wildlife crimes.  

Between 2020 and 2022, the violations registered under the Forest Act have increased by 19 per cent. In 2022, 2,287 cases / crimes were registered under this act, compared to 1,921 in 2020. 

While there has been an increase in the number of forest-related crimes in the country, the cases are also piling up, the data showed. The courts will take at least 17 years to dispose of all the cases at the current rate of about three cases per day. 

According to the NCRB’s data on forest-related crimes, the courts will need to dispose of at least 54 cases each day in order to clear a backlog of over 19,700 cases pertaining to forest crimes in a year. 

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