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  • leadindia836
    • Feb 11, 2023
    • 3 min read

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.


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