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Writer's picturethelila500
Feb 3, 20232 min read

Is Littering A Punishable Offence In India?

One of the most important projects of the present government is the Swatch Bharat Mission, which aims to achieve clean streets, roads, and infrastructure of India’s cities, towns and rural areas. As per the Mission in rural areas, over 9 crore toilets have been built, with 5.5 lakh villages having been declared as open defecation free resulting in sanitation coverage in over 99% rural areas and various other such achievements in the urban sector as well.


However, other than this staggering success, another aspect of cleanliness has remained unnoticed from the radar of the Swachta Abhiyan which is littering in public areas. Instances such as littering anywhere or spitting gutkha is quite common.


Punishment for littering as per the Indian Law-

  • In accordance to the Indian Penal Code, 1860, littering could be understood as a crime under Section 27 which criminalises making atmosphere noxious to health. If a person is found littering a public place in India, he could be fined up to Rs.500.

  • Another law, i.e. the Environment Protection Act, 1986 provides for the protection and improvement of the human environment and the prevention of hazards to the human beings

  • It has to be mentioned that the subject of sanitation falls under the constitutional scheme while the criminal law related to matters in the IPC are provided in the Concurrent List.

Hence, it could be understood that the law for sanitation could be made by the State governments only, but to make an effective law on littering as a criminal offence, both state government and the Union government could make a law.


Laws related to littering in various parts of the country-

  • In Agra, for example, littering is now a non-cognizable offence. Offenders committing such crime could be imprisoned for a period up to six months and could be fined up to Rs.100 as provided under Section 188 of the IPC for throwing garbage on the roads or for the offence of littering on a public place. With this decision Agra becomes the first city to make littering a punishable crime.

  • As per a new solid waste management by-law passed in Delhi, Rs.500 could be charged for throwing garbage on the streets or for not cleaning their pets’ poop, also a person could also be charged for a maximum jail term of six months.

  • Kolkata Municipal Corporation has decided to impose penalties on individuals who litter on the roads with a fine of Rs.525 for the first offence, Rs.735 for the second offence while a fine of Rs.1050 for the third time.

Conclusion

It could be inferred from the above discussion, that littering is an offence in India and criminal charges could also be imposed on the wrongdoer. In case you are facing similar legal situation, you may seek legal advice from experienced Criminal Lawyers in Hyderabad or Criminal Lawyers in Kolkataor your own city.


For further information, you may seek legal advice from experienced advocates as offered by Lead India. Hence, to talk to lawyer or to seek Free Legal Advice Online, you may contact us.


Call Us: +91–8800788535

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