Is Littering A Public Place A Punishable Offense In India

The Swachh Bharat Mission, which strives to improve the infrastructure of India's cities, towns, and rural areas, is one of Prime Minister Narendra Modi's most notable accomplishments during his first term. Swachh Bharat Mission Gramin (Rural) has built over 9 crore toilets, eliminated open defecation in 5.5 lakh villages, and increased sanitation coverage in rural regions to over 99%.

Around 60 lakh individual toilets and 5 lakh community restrooms have been built as part of the Swachh Bharat Mission (Urban), and approximately 75 thousand wards have 100% door-to-door collection.

Beyond this astounding achievement, however, there is another part of Swachta—the aspect of littering in public places—that has escaped the attention of the Swachta Abhiyan. In my home state of Uttar Pradesh, where I was raised, spitting gutkha is the hippest thing going, we as a society are very oblivious to trash gleefully everywhere we go. The same Indians who travel overseas maintain impeccable hygiene standards and never litter.

Legal Provision

  • The closest portion of the Indian Penal Code, 1860 that criminalizes littering is section 279, which declares an atmosphere to be noxious to health and carries a maximum fine of Rs. 500.
  • The Environment Protection Act of 1986 is another piece of legislation that serves as a general framework for environmental protection. The threat of littering is not specifically included in this legislation, which instead focuses on the protection and improvement of the human environment as well as the prevention of risks to people, other living things, plants, and property. It should be made clear that the current constitutional framework includes references to sanitation in the State list and criminal law, including all topics covered by the Indian Penal Code at the time the Constitution was enacted, in the Concurrent list.

Therefore, only the separate State governments can pass laws for sanitary purposes, while both the State and Union governments can pass laws to properly deal with littering as a criminal offense.

The actual issue that has to be addressed is one of implementation. Although the West Bengal Prohibition of Smoking and Spitting and Protection of Health of Non-Smokers and Minors Act, 2001 contains a penalty clause to address such offenses, the chief minister may have formed a committee to develop stricter measures to discourage spitting and littering in public places.

Although the law has been in effect in Bengal since 2003, few people are actually charged for breaking it. Given that both law enforcement and government representatives frequently consider such offenses to be trivial, this is not surprising.

It is logical to anticipate that despite the current increase in the fee, this attitude will endure. This is due to the fact that the propensity for people to litter public areas and even the civic bodies' practice of dumping untreated waste into the Hooghly river, which is still severely polluted despite a National Green Tribunal order prohibiting the dumping of trash within half a kilometer of the Ganga, both point to a deeply ingrained cultural issue that transcends legal and common sense concerns.

Instead of simply raising a fee that was rarely levied even when it was a minimal Rs 50, a comprehensive approach to the issue is likely to be more effective. Such a strategy must entail raising public awareness and sensitivity as well as making sure the law change is properly applied. Cleaning up the mess won't be easy if none of these strategies cooperate.

The fundamental tenet of the deterrence theory is that the punishment meted out to an offender should be sufficient to prevent both that offender and future offenders from committing the same crime. In his influential book "An Introduction to the Principles of Morals and Legislation," the famous British jurist Jeremy Bentham made the case that individuals are motivated by both pain and pleasure. Therefore, the cost of the penalty must be high enough to balance the enjoyment or gain that the offense brings.

Criminal Lawyers in Hyderabad can be consulted if the cause of action has occurred in Hyderabad. Likewise, if the cause of action has occurred in Kolkata then Criminal Lawyers in Kolkata should be consulted.

One can also visit Lead India in order to consult a lawyer. You can take Free Legal Advice Online. You can also ask a legal question and talk to lawyer in order to get best advice.

SOURCE:-

Visit us: — https://www.leadindia.law

Call Us: +91–8800788535

Email: care@leadindia.law

YouTube: — https://www.youtube.com/c/LeadIndiaLawAssociates

Facebook: — https://www.facebook.com/leadindialaw

LinkedIn: — https://www.linkedin.com/company/76353439

Twitter: — https://twitter.com/leadindialaw

Pinterest: — https://in.pinterest.com/lawleadindia

Instagram: - https://www.instagram.com/leadindialawofficial

Location: Vikas Marg, Delhi, India

Comments

Post a Comment

Popular posts from this blog

What is the fee for a court marriage on the same day with a Certificate?

Image
The fee for the same day varies depending on the lawyers in delhi, court marriage lawyers in Mumbai, or any other place in India such as lawyers in Delhi charges the amount around  twenty thousand rupees court marriage lawyers in delhi also help the couple to register their marriage on the same day and provide them with the marriage certificate, other places family lawyer have the different fee structure for the same day process marriage, the amount may varies from place to place as in Mumbai it cost approximately twenty five thousands rupees to get your marriage registered so the fees for the marriage registration is not fixed it depends on the place and the lawyers by whom the couples are guided for the marriage registration. Now lets understand this article what is the same day or one day marriage registration process One day Marriage Registration process  The marriage registration is done at the sub magistrate office of the particular area where either of the spouse’s has ...
Read more

I'm Charged With Cases, But Can I Challenge My Father's Will?

Image
A will is a written legal document that specifies how property will be inherited by legal heirs, including how shares will be distributed among beneficiaries. It is advised to register the document under the Indian Registration Act even though it is not required because doing so would help it stand out as reliable legal proof. Grounds for challenging a will Improper execution: A will must be in writing, signed by the testator in the presence of two witnesses, and attested by the witnesses in order to be considered legitimate. The will may be contested in court if the procedure is not strictly followed. Absence of a testamentary purpose: The person in this situation must demonstrate that the testator did not intend to form a will. Due to the difficulty of proving it, this defense is rarely used. Lacking the ability to make a will: The age requirement for will-making under the legislation is 18. Adults are assumed to have the competence to make testaments. It can be contested on...
Read more

Process To Hire Delhi High Court Lawyer For Child Custody After Divorce

Image
Managing a divorce is never simple, and when kids are involved, it becomes even more challenging. During a difficult and emotionally taxing time, it can be frightful to consider the possibility that a parent might lose accessibility to their kid or that one may not interact with him or her as frequently as one would like. It becomes challenging to navigate the complexities of child custody while you are still getting over your divorce. It is wise to retain the services of an experienced child custody lawyer who can guarantee a favourable outcome that benefits both you and your kids. Process to Hire Delhi High Court Lawyer for Child Custody It is essential to know how to choose a good child custody lawyer for your case since different lawyers focus on different areas of law. The first step to success is locating a lawyer for hire that practices the type of law you require, and who is within your price range. Recommendations from Family and Friends- It's a good idea to start looking...
Read more