NEW KINDS OF CRIMES SUCH AS TERRORISM, POLLUTION & ADULTERATION
Topics
TERRORISM
The word' Terrorism' has no specific definition because it includes many activities within its ambit aircraft hijacking, the killing of ethnic minorities challenging the sovereignty emanation, etc. Worldwide efforts have been made to fight terrorism which has proved unsatisfactory that's why the different nations of the world have enacted laws, controlling and punishing terrorism. The terrorism and destructive activities prevention and controller act 1987 was enforced till the year Dec. 1994, when it was repealed due to certain loopholes and demands by certain human rights activists. But after that year India again faces a grave problem from the terrorist. The unity and integrity of India again were threatened as J 8s K was in serious problem at the hands of terrorists that's why the parliament enacted a new law to combat (fight) terrorism namely POTA [Prevention of Terrorism Act, 2002]. It is noteworthy that the act does not define terrorism or what is terrorist Act but in Sec. 3 subsections (1) a category of acts are included in the term terrorist act means the definition is not exhaustive but is inclusive.
Pollution
The term pollution means anything that is foreign to the environment. The term environment denotes totally all extrinsic, physical & biotic factors affecting the life & behavior of all living things. It is therefore important that the environment of which land, water, air, human beings, plants & animals are components be preserved & protected from degradation to enable maintenance of the ecological balance. Considering that these natural resources sustain life on the planet being the basis of all over activities whether agriculture or industry or science, their conservation both quantitatively and qualitatively is of vital important & protection of the environment has assumed even more importance in recent times with increased Industrialisation resulting not only in overdraw of natural resources but also pollution of air, water, flora & fauna. While development is essential to every economy it is also essential that no irreparable damage be caused to the ecosystem. The responsibility of the state is to protect the life of the subject. Certain acts by industrialists & individuals threaten the environment directly or indirectly. This act in turn affects the life of an individual. Some acts are also directly hazardous to human life keeping in view new enactment which try to prevent pollution in the environment and other related aspects are introduced.
They create certain new offenses for which punishment prescribed. Such legislation are:
1) Environmental protection act 1986
2) Water (prevention & control of pollution) act 1974
3) Air (prevention & control of pollution) act 1981
In these three specific enactment, the definition of environmental pollution water pollution & air pollution has been given respectively. The first act fixes responsibility on the person carrying on industrial operations for handling hazardous substances & the act requires, such person to comply with (follow) certain safeguards for the prevention control and abatement (removal) of environments • pollution & also strict duties have to be followed by such persons in furnishing certain information regarding the nature of business handling of hazardous substances the discharge of waste materials etc. Th,e central govt. has been granted general powers under the act for taking all necessary measures for protecting the quality of the environment and also for laying down standards for omission or discharge of environmental pollutant. It also imparts duty on certain central govt. for laying down standard of quality, which must be environmental friendly, the handling of hazardous substances, requirements of certain persons in submitting information etc.
Section 16 of the act punishes a company and every person who-at the time of the offence was directly in charge of & was responsible to the company for the conduct of the business.
Section 17 punishes the govt. departments by punishing the head of the department. These punishments are prescribed in case of any of the duty imparted by the act on any person is contravened.
Section 15 provides that contravention of any of the provisions of the act or any rules made there under shall be punishable with rigorous imprisonment upto 5 years or with fine of Rs. 1,00,000. An additional fine of Rs. 5,000 would also be levied for every day of continuing default subsection (2) of section 15 further provides that where such contravention continues beyond a period of one year from the date of conviction, the offender shall be punishable upto 7 years.
Note: The environment protection act deals with matters connected with environment in general.
The water (P & C) of pollution act 1974 was enacted to provide, for the prevention and control of water pollution & maintaining or, restoring the wholesomeness of water, establishment of Boards with a view to carry out the enforcement of the act.
This act contains provisions relating to penalties and failure to comply with directions under subsection (2) or subsection (3) of section 20. Under sec. 20(2) a state board may give direction requiring any person who in its opinion is abstracting water from any such stream or well in the area in qualities which are substantial in relation to the flow or volume of that stream or well or is discharging sewage or trade effluent into any such stream or well, give such information as to the abstraction or discharge at such time & in such form as may be prescribed in the direction.
Whoever fails to comply with the direction given in sub-section (2) & (3) of section 20 shall on conviction be punishable with imprisonment for a term, which may extend to three months, or with a fine, which may extend to ten thousand rupees or both. In case of failure continues with an additional fine which may extend to five thousand rupees for everyday default.Failure to comply with an order issued under section 32(1)(c) (restraining or prohibiting the person concerned from discharging any poisonous, noxious or polluting matter into the stream or well or on land or from making insanitary use of the stream or well) & section 33(2) or any direction under section 33A shall on conviction be punishable with imprisonment for a term. which shall not be less than one year & six months but which may extend to six-year and with fine and in case the failure continues with an additional fine which may extend to five thousand rupees or every day during which default continues after the conviction for the first such failure of the failure continues beyond a period of one year after the date of conviction be punishable with imprisonment for a term which shall not be less than two year but which may extend to 7 years & with fine. Under section 42, whoever does the following acts is punishable with imprisonment for three months or fine upto Rs. 10,000 or both.
Adulteration
The provisions relating to food adulteration are contained in section 272 to 276 of I.P.C. Adulteration of food or drink or drug is made punishable under the I.P.C. But in order to provide *comprehensive provisions relating to food adulteration separate legislation is enacted i.e., prevention of food adulteration act 1954. The definition of adulteration is given under section 2(i-a) as under: "adulterated" - an article of food shall adulterated -
I) the nature, subst ce A if the article sold by a vendor is not o to his prejudice quality demanded by the purchaser and is Quality y which it purport;:h: not of the nature, substance or qual represented to be ;
2) if the article contains any other substance which affects, or the article is so processed as to affect, injuriously the substance or quality thereof ;
3) if any inferior or cheaper substance has been substituted who or in part for the article so as to affect injuriously the nature substance or quality thereof ;
4) if any constituent of the article has been wholly or in pa r abstracted so as to affect injuriously the nature, substance or t quality thereof ;
5) if the article had been prepared, packed or kept ' .unde, insanitary conditions whereby it has become contaminated injurious to health;
6) if the article consists wholly or in part of any filthy, putrid, rotten, decomposed or diseased animal or vegetable substan4 or is insect-infested or is otherwise unfit for hump consumption 7) if the article is obtained from a diseased animal ;
8) if the article contains any poisonous or other ingredient which renders it injurious to health 9) if the container of the article is composed, whether wholly or part, of any poisonous or deleterious substance which rende its contents injurious to health ;
10) if any colouring matter other than that prescribed in resp thereof is present in the article, or if the amounts of prescribed colouring matter which is present in the article not within the prescribed limits of variability ;
11) if the article contains any prohibited preservative or permitt preservative in excess of the prescribed limits ;
12) if the quality or purity of the article falls below the prescri standard or its constituents are present in quantities not wi the prescribed limits of variability, which renders it injurious health
13) if the quality or purity of the article falls below the prescrib,e standard or its constituents are present in quantities not Withi the prescribed limits of variability but which does not renderi injurious to health :
