1.1.          ABSTRACT

Environmental law has been in the limelight in the recent years due to the growing problems of climate change, global warming, etc. However, countries across the world, including India, have not paid much attention to corporate environment crimes which have also been on the rise due to globalization and industrialization. This paper focuses on the crime of corporate homicide and points out why companies need to be held criminally liable for this crime even if it is difficult to establish mens rea. It then shows the ways in which companies avoid liability and the legal defences used. The paper lays down the various models used to ascertain mens rea for corporate homicide and the ways to affix liability. Theempirical research has been done and, finally, suggestions that include concepts like body burdening, Stake Holder Capitalism Metrics, fingerprinting, etc. have been analyzed.

1.2.          INTRODUCTION

Environmental law has been growing in importance as many nations try to reach the UN Sustainable Development Goals[1]. Countries are trying to remodel these laws to cater to corporate environmental crimes as well as they are on the rise in this age of globalisation.[2] However, through the development of principles like absolute liability, companies paid heavy fines forviolating environmental standards.[3] However, To hold directors or employees criminally liable for crimes like corporate homicide that occurs due to evasion of environmental norms is important.[4]

Globalization has led to The control of companies, whose turnover is more than the  total GDP of 100 poorest countries, presents a challenge.[5] Therefore, as a means to cutcosts, some companies do not use environmentally friendly methods which has led to environmental problems.

[1], UN Sustainable Development Goals, https://www.un.org/sustainabledevelopment/sustainable-development-goals/.

[2] RichardJ.Lazarus,MensReainEnvironmentalCriminalLaw:ReadingSupremeCourtTeaLeaves863,Fordham Environmental LawReview,Volume7, Number3, (2011).

[3] M.C.Mehtav.Union ofIndia,1987 SCR(1)819

[4] Henry M. Hart,TheAimsoftheCriminalLaw 23,LawandContemporary Problems401-441,(1958).

[5]Calling corporations        into        account,               UNRSID,https://unrisd.org/80256B3C005BCCF9%2F(httpAuxPages)%2FB96146B4A1B270AFC1256BDF004F7979%2F%24file%2Fchap5.pdf.