“CLIMATE CHANGE AS ENVIRONMENTAL CRIME: NEED FOR CRIMINAL LAW RESPONSE”
AUTHOR – SUPRIYA KUMARI, LLM STUDENT AT AMITY UNIVERSITY, PATNA
BEST CITATION – SUPRIYA KUMARI, “CLIMATE CHANGE AS ENVIRONMENTAL CRIME: NEED FOR CRIMINAL LAW RESPONSE”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 744-750, APIS – 3920 – 0001 & ISSN – 2583-2344.
Climate change is usually discussed as a policy failure, a market failure or a civil liability issue. This article argues that the scale, foreseeability and unequal distribution of climate harm also justify a carefully designed criminal law response. The purpose is not to criminalise every emitter, ordinary energy use or development activity, but to address knowing, reckless and profit-driven conduct that creates severe, widespread or long-term climate-related environmental harm. Drawing on current scientific data, India-specific greenhouse gas information, climate litigation trends and emerging international criminal law debates on ecocide and environmental crimes, the article explains why criminal law should become part of a broader climate governance framework. It proposes a graded model that combines corporate criminal liability, individual responsibility of decision-makers, climate-related fraud offences, mandatory disclosure duties, sentencing principles, restorative remedies and protection against over-criminalisation. The argument is that climate criminality must be attached to culpable conduct, not mere contribution to emissions, and must be supported by science-based attribution, due process and proportionality.
Keywords – Climate change; environmental crime; ecocide; corporate criminal liability; greenhouse gas emissions; criminal law; India; climate justice; environmental governance.