In most environmental legislation in India, commons are treated as ‘public’ or ‘government’ property, and there is no legal distinction made in punitive provisions between the legitimate uses of commons by local communities and the exploitation and privatisation of commons by private companies for commercial gain. In this document, we have laid down the punitive provisions based on offences, but it should be noted that these provisions apply across the board. Where legislations have provided specific exceptions for local communities, those are mentioned in the remarks. Since the passing of the Forest Rights Act, 2006, offences under the Indian Forest Act, 1924 and the Wild Life Protection Act, 1972 may no longer be treated as offences in areas where the community has been given community forest rights.
It is also important to acknowledge that many of these provisions are based on ‘permissions’ that are much more easily obtained by private companies, and there is a long history of criminalisation and further marginalisation of natural-resource dependent communities through these same legislations. Nevertheless, these legislations can also provide spaces to protect commons by punishing those that are illegally extracting or damaging common resources.
| Offence | Land category | Act and sections | Penalty | Remarks |
| PORT/COAST | ||||
| Removing soil, stones etc. or any artificial protection from any part of the port, without permission. Sinking mooring-post, anchor or anything which may injure the shore, without permission. | Port | Section 30 of the Indian Ports Act, 1908 | Fine up to Rs. 100 +Repair expenses for any damage caused. | |
| Undertaking any reconnaissance operation, exploration operation or production operation for minerals in offshore areas without required permits. | Offshore area, i.e., territorial waters, continental shelf, exclusive economic zone and other maritime zones of India | Section 23 of Offshore Areas Mineral (Development and Regulation) Act, 2002 | Imprisonment upto 5 years, ORFine upto Rs. 50,000 or both + Confiscation of gear, boat, cargo | |
| Shipping, transport, offer for sale, sale, purchase, import, exports, or has custody, control or possession of, any mineral recovered, processed or retained in violation of this Act | Section 23 of Offshore Areas Mineral (Development and Regulation) Act, 2002 | Imprisonment upto 3 years OR Fine Rs. 50 lakhs or both. | ||
| FORESTS | ||||
| Making fresh clearings, kindling a fire, trespassing cattle, felling or damaging trees, quarrying stone, unauthorised collection/removal of forest-produce, breaking land for cultivation, hunting/shooting/fishing/poisoning water/setting traps etc. | Reserved Forest | Indian Forest Act, 1924 – S. 26, 52, 55 | Imprisonment for up to 6 months ORFine up to Rs. 500, ORBoth. Additional penalties at the discretion of government – Suspension of rights if a fire is caused willfully/gross negligence; Seizure/confiscation of forest produce and tools; | After the passing of the Forest Rights Act, 2006, this section must now be read along with S. __ of the FRA. |
| In Protected Forests, these offences include – felling/girdling/tapping any reserved trees, quarrying stone/lime/charcoal, breaking up land for cultivation in contravention of government order,The State Government may make rules to regulate the cutting of trees, grant licences to remove timber and other forest produce, hunting/shooting/fishing/poisoning water/setting traps etc. | Protected Forests | Indian Forest Act, 1924S. 30, 33, 52 and 55 | Imprisonment for up to 6 months ORFine up to Rs. 500, ORBoth. Additional penalties at the discretion of government – Suspension of rights if a fire is caused willfully/gross negligence; Seizure/confiscation of forest produce and tools; | |
| The State government has the power to make rules regarding the transit of timber, through water or through land, including prescribing routes and passes etc. Penalties for contravention of these rules may be prescribed. | Forests | Indian Forest Act, 1924; S. 41 and S. 42 | Imprisonment for up to 6 months ORFine up to Rs. 500, ORBoth. | |
| PROTECTED AREAS | ||||
| Hunting of animals listed in Schedule I, II, III and IV is prohibited. | Wild Life (Protection) Act, 1972; S. 9S. 51 | Imprisonment up to 3 years ORFine max. Rs. 25,000 ORBoth Hunting of animals in Schedule I and II has Imprisonment 3-7 years ANDmin. Rs. 10,000 fine Subsequent offence – 3-7 years imprisonment AND min. Rs. 25000 fine | ||
| Willfully uprooting/damaging specified plants or trading in them is prohibited. Cultivating specified plants without licence is also prohibited | Wild Life (Protection) Act, 1972S. 17A, 17C;S. 51 | Imprisonment up to 3 years ORFine up to Rs. 25,000 ORBoth | ||
| Trade of animals under schedule I and II, or trophies or meat or other parts of scheduled animals is prohibited | Wild Life (Protection) Act, 1972S. 49B (Chapter VA); S. 51 | Imprisonment 3-7 years ANDmin. Rs. 10,000 fine | ||
| Destroying or removing any wildlife, including forest produce; Damaging the habitat of a wild animal;Diverting the flow of water; Causing fire; Entry with a weapon is prohibited Entry into sanctuary is restricted | Wildlife sanctuary and National Park | Wild Life (Protection) Act, 1972S.29, 30, 31; S. 35; S. 51 | Hunting in national park/sanctuary has Imprisonment 3-7 years ANDmin. Rs. 10,000 fine | The section provides an exception for the bona fide needs of the people living in and around the sanctuary, but not for commercial use. It also provides an exception for grazing with permits in wildlife sanctuaries. This section has to be read with the rights under the FRA. |
| Teasing, molesting, injuring, feeding or causing disturbance to any animal in a zoo is prohibited | Zoo | Wild Life (Protection) Act, 1972S. 38J; S. 51 | Imprisonment upto 6 months OR Rs. 2000 fine Subsequent offence – imprisonment upto 1 year OR Rs.5000 fine | |
| Any offence committed in the core area of a Tiger Reserve/hunting anywhere in a Tiger Reserve/altering its boundaries/abetment of the offence | Tiger Reserve | Imprisonment of 3-7 years, and fine of Rs. 50,000-2,00,000. In the event of a second conviction, imprisonment of not less than 7 years, and fine of Rs. 5,00,000-50,00,000. | ||
| AIR AND WATER | ||||
| Previous consent of the State Pollution Control Board (SPCB) is required to establish and operate any industrial plant in an air pollution control area (S.21 provides details and provisos for this general rule) | Air (Prevention and Control of Pollution) Act, 1981 S. 21; S. 37 | Imprisonment of 1.5-6 years and fine If offence continues, fine of upto Rs. 5000 per day. If continued after conviction for 1 year, 2-7 years imprisonment and fine. | ||
| Air pollutants discharged by an industrial plant in an air pollution control area must not exceed the standards set by the SPCB | Air (Prevention and Control of Pollution) Act, 1981 S.22; S.37 | Imprisonment of 1.5-6 years and fine If offence continues, fine of upto Rs. 5000 per day. If continued after conviction for 1 year, 2-7 years imprisonment and fine. | ||
| The PCB can issue directions to any person, officer or authority, including for closure of industry or process, or stoppage of electricity or water supply. These directions must be complied with. | Air (Prevention and Control of Pollution) Act, 1981 S. 31A; S.37 | Imprisonment of 1.5-6 years and fine If offence continues, fine of upto Rs. 5000 per day. If continued after conviction for 1 year, 2-7 years imprisonment and fine. | ||
| Causing or permitting noxious or polluting matter to enter into a stream, well, sewer or land. | Water (Prevention and Control of Pollution) Act, 1974S. 24; S. 43 | Imprisonment of 1.5-6 years and with fine. Subsequent offence – imprisonment of 2-7 years, with fine | ||
| Previous consent of the SPCB is required to establish any industry, operation or process which is likely to discharge sewage into any stream, well, sewer or land. | Water (Prevention and Control of Pollution) Act, 1974S. 25; S. 44 | Imprisonment of 1.5-6 years and with fine. Subsequent offence – imprisonment of 2-7 years, with fine | ||
