essay on environmental protection act 1986

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Environment Protection Act 1986

Environment (Protection) Act, 1986

The Environment (Protection) Act was enacted in the year 1986. It was enacted with the main objective to provide the protection and improvement of the environment and for matters connected therewith.

Environment (Protection) Act, 1986 Download PDF Here

Important acts and bills that regularly feature in the daily news are very relevant for the IAS and other govt exams. Questions are asked directly about them and also, a good knowledge of acts like the Environment Protection Act will help candidates write better answers.

In this article, you can read all about the Environment (Protection) Act, 1986, its objectives and significance. This is an important topic from the IAS Exam perspective and aspirants must refer to the information discussed below .

Environment Protection Act (EPA)

India’s original Constitution did not contain any provision for the protection of the natural environment. However, the Fundamental Duties , which were added by the 42nd Amendment to the Constitution, prescribed the protection of the environment including forests, lakes, rivers and wildlife as a duty of the citizens of the country.

Also read: Important International Conventions and Protocols for UPSC

This amendment also added new Directive Principles of State Policy , one of which was Article 48A, which directed the State to protect and improve the environment and to safeguard forests and wildlife.

These developments were a result of the United Nations Conference on Human Environment, held in Stockholm in 1972. First, the Wildlife Protection Act, 1972 was enacted. Then, the Water (Prevention and Control of Pollution) Act, 1974 was passed, followed by the Air (Prevention and Control of Pollution) Act 1981. Then in 1986, the EPA was passed by the Parliament, in the wake of the Bhopal Gas Tragedy, which occurred on Dec 2, 1984 (Know more about the tragedy in the link).

Get detailed notes on all the important acts passed by the Indian Parliament in the link.

Aims and Objectives of the Environment Protection Act

The chief aims and objectives of the Environment Protection Act, 1986 are listed below.

Implementing the decisions made at the United Nations Conference on Human Environment held in Stockholm.
Creation of a government authority to regulate industry that can issue direct orders including closure orders.
Coordinating activities of different agencies that are operating under the existing laws.
Enacting regular laws for the protection of the environment.
Imposing punishments and penalties on those who endanger the environment, safety and health. For each failure or contravention, the punishment includes a prison term of up to five years or a fine of up to Rs. 1 lakh, or both. This can also be extended for up to seven years in cases.
Engaging in the sustainable development of the environment.
Attaining protection of the right to life under Article 21 of the Constitution.

Main Provisions of Environment Protection Act

The EPA empowers the Centre to “take all such measures as it deems necessary” in the domain of environmental protection.

Under the law, it can coordinate and execute nationwide programmes and plans to further environmental protection.
It can mandate environmental quality standards, particularly those concerning the emission or discharge of environmental pollutants.
This law can impose restrictions on the location of industries.
The law gives the government the power of entry for examination, testing of equipment and other purposes and power to analyse the sample of air, water, soil or any other substance from any place.
The EPA explicitly bars the discharge of environmental pollutants in excess of prescribed regulatory standards.
There is also in place a specific provision for handling hazardous substances, which is prohibited unless in compliance with regulatory requirements.
The Act empowers any person, apart from authorised government officers, to file a complaint in a court regarding any contravention of the provisions of the Act.

IAS exam aspirants can get the detailed prelims and mains UPSC Syllabus for the upcoming Civil Services Exam at the linked article and accordingly start the preparation.

Frequently Asked Questions about Environment Protection Act 1986

What is the main provisions of the environment protection act of 1986, what is the objective of environment protection act 1986.

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Environment Protection Act, 1986 – An Overview and Analysis

The latter half of the 20th century had the environmental concerns on a rise. It was during this time that the issues surrounding the environment were being discussed. The United Nations Conference on the Human environment was the first such initiative at Stockholm in 1972. India, who was a signatory to this, raised various environmental concerns along with many other developing countries. This led to all the countries resolving to protect and enhance the environment.

It is not just because of this conference that led to the enactment of the Environment Protection Act, 1986 but the Indian Constitution also provides for the protection of the environment. Although, the purpose was to implement the decisions of the UN Conference, it was the Bhopal Gas Tragedy, 1984 which was the trigger. Hence, came about the Environment Protection Act, 1986, passed in March but came into effect in November, soon after the Bhopal Gas Tragedy.

Salient Features of the Act

The Act was passed under Article 253 of the Indian constitution and extends to the whole of India. It has been compiled in 26 sections and divided into four chapters. Let us run through the salient points from the act:

(1) Preliminary

This part begins with defining some important terminologies closely related to the environment under section 2, and they are:

Environment Environmental Pollutant Environmental Pollution Handling Hazardous substance Occupier

(2) General Powers of the Central Government

This part grants power to the central government to take all such measures as it deems necessary for protecting and improving the quality of the environment. That also translates into a duty to prevent, control and abate environmental pollution.

Powers of the Central Government to take measures:

The government has the power over the coordination of actions by the State Governments, officers and other authorities, related to this Act or other laws whose goal is in sync with the objects of this Act. It can also frame a national programme for the prevention, controlling and abatement of environmental pollution, along with its implementation.

The main power entails instruction on the standards for the quality of the standards of the environment. To assert the standards for emission or discharge of environmental pollutants from various sources. Provided that these standards be instructed under this clause and should have regard for the quality or composition of the emission or discharge of environmental pollutants from such sources.

The government may restrict the areas in which any of the industries, class of industries, or any operation shall not be carried out. Or if so, safeguard measures shall be followed. It is also the power and duty of the government to lay down the procedure to carry forward safeguards for the prevention of accidents which may culminate into more environmental pollution. Further, proposals of remedies should be put forth as preventives for future events. Same is the case with the handling of hazardous substances.

Even the materials used in the manufacturing processes, might cause pollution, so proper examination should be done. Along with that, the power to inspect at various premises, equipment, material and substances, and, to direct the authorities to facilitate the same.

One of the most important duties is the establishment and recognition of environmental laboratories. They would help the collection and dissemination of information relating to environmental pollution. Moreover, the government should very well support the dissemination of information and research work. Lastly, preparation of manuals, codes, guides which are considered suitable controlling measures.

Power to give directions:

To exercise its powers, the central government may issue directions in writing to a person, officer or authority. As a result, they shall be bound to comply with such directions. The government has the power to direct closure, prohibition or the regulation of any industry and its operational process. Also to order stoppage or regulation of the supply of electricity or water or any other service.

Rules pertaining to the Act:

The Central Government may, at its discretion make laws pertaining to the premises stated in section 3. It has the authority over the merit of the quality of air, water or soil. It also gets to decide on the maximum permissible limit for the accumulation of environmental pollutants.

It could lay down procedures and safeguards for the handling of hazardous substances. Along with that, on guiding its prohibition and restrictions too. It also has a say in the prohibition and restriction on the location of industries and wherever their operations get carried out.

Control over the subject of accidents is another prominence in power. It could direct on procedures and safeguards so as to prevent accidents which may cause environmental pollution. Remedial measures for such accidents is yet another. Therefore, the rules that the government is empowered to make could revolve around all or any of the aforementioned matters.

(3) Prevention, Control and Abatement of Environmental Pollution

Section 7 of this Act mentions that no person in the country shall carry out any pursuit in which there is a large emission of gases or other jeopardising substances which may lead to the environment getting polluted. It also provides for certain benchmarks that ought to be maintained. This is to be done by allowing no person to damage the environment and if at all a person is found guilty of fostering damage to the environment by polluting then the polluter pays principle will follow. In such cases, the offender can be asked for ‘exemplary damages’.

The next section says that any person who is handling the hazardous substance must comply with the procedural safeguards and guidelines. If the emission is huge or is apprehended so through an accident, the person concerned along with the in-charge is obliged to minimize the environmental pollution.

Further, the persons must also intimate the higher authorities about it and must fully assist the authorities if called upon. And on receipt of any information, the concerned authorities should take remedial measures as early as possible to curb on the spread of environmental pollution.

Penalty and Offences:

Section 15 provides for imprisonment up to five years, with fine which may extend to the term of one lakh rupees, or both. And in case violation continues for one year, the punishment can extend up to seven years.

But there is a provision that if any offence is punishable under this Act and also under any other Act, then the person shall not be punished under this Act, but only the other Act.

Section 16 deals with the offences committed by companies and lays down the principle of vicarious liability. This makes the person in charge such as the director, manager or secretary etc. liable for the offence committed by any company. An exception is a case when the offence is committed without the knowledge of the person in charge or if he has taken diligent care to prevent the commission of the offence.

(4) Miscellaneous

There is an explicit provision of no repercussions in any suit or proceedings against any government or its officials or authorised persons who act in good faith, with the motive of pursuing the objects of this Act.

Next is an explanation given on who can file a complaint. It has been clearly stated that the central government or any authority associated with the government has this right. Along with that, the Act has conferred upon the citizens, the privilege of locus-standi. This entails the right to approach a court of law provided, a notice of not less than 60 days of the alleged offence and of her intention to make a complaint to the competent authority has been given.

Another vital component mentioned is that of the bar of jurisdiction. The act bars the civil courts from acting upon or interfering with the actions taken by the central government. Since a few decades, Public Interest Litigation has been quite in trend, thus most cases in this regard have come this way.

Objectives and purposes of Environment Protection Act, 1986

The objectives and purposes of this act, first and foremost lie with the implementation of the aims of the UN Conference on the Human Environment, 1972. Apart from that, the increasing menace to the environment nationwide called for an enactment. This act acted as a deterrent to those offenders or activities that constituted harm to the environment. Not only that but the goals of sustainable development are also far related to this. In achieving these goals, the importance of protection of life has also been stressed upon, as rightly stated in Article 21 of the Indian Constitution .

For all this a tool was needed to coordinate the activities of various regulatory agencies already in existence, and, the establishment of new authority or authorities for environment protection. The act would subsequently facilitate the appointment of officers to keep a check on illicit activities.

Even the establishment of environmental laboratories was desired. This was aimed at ameliorating the strength of research and development in the country.

Thus, the Environment Protection Act of 1986 goals at preserving and safeguarding the environment, enhancing its merits, and averting perils to humans or other living beings and property collectively. The act was one that guided the several other specific legislations to unity by bridging the gaps.

Why was it enacted?

It is pertinent to mark the importance of the UN Conference on the Human Environment. It acted as a foundation ground for various future ambitions. As a result of this, several legislations were enacted in India. The Water (Prevention and Control of Pollution) Act, 1974 and The Air (Prevention and Control of Pollution) Act, 1981 are examples of it.

Despite the enactment of the aforementioned acts and establishment of the Ministry of Environment in 1985, there was an unattended gap. It was quite evident that the need for a general legislation was intense, amidst the specific ones. To curtail these shortcomings, the Environment Protection Act, 1986 was enacted. The infamous Bhopal Gas Tragedy expedited the Act’s coming into effect.

Moreover, the Constitution of India affirms that the state shall ‘protect and improve the environment and safeguard the forests and wildlife of the country’. The 42nd Amendment to the Constitution made relevant changes. One such was adding Article 48A and 51A(g), which come under the Directive Principle of State Policy and the Fundamental Duties respectively.

Landmark cases made under it

Let us now look at a few landmark cases under Environment Protection Act, 1986, to understand the intricacies better:

In “Indian Council for Enviro-Legal Action v Union of India (1996 AIR 1446)”, the Supreme Court considering the 600 km long coastline emphasized, that it would be the duty and responsibility of the respective coastal states and union territories in which the stretch exists, to see the proper implementation of the orders. Further, the manifold restrictions on setting up and expansion of industries, and its operations etc. in the regulation zone should be strictly enforced.

In the same case, the court stressed upon the ‘polluter pays principle’. If the activity carried out was precarious or inherently so, the person carrying on such activity is liable to indemnify any other person irrespective of the fact whether he took reasonable care while carrying on his activity.

In “Vellore Citizen Welfare Forum v. Union of India & others (AIR 1996 SC 2715)”, the polluter principle as interpreted by the apex court meant an absolute liability. It means the liability of the harm caused extends not only to compensate the victims of that wrongful act but also the cost required to undo the environmental degradation.

Remediation of the damaged environment is part of the process of “Sustainable Development” and that makes the polluter liable to pay the cost to the individual sufferer as well as the cost of reversing the damaged ecology.

In “Goa Foundation v. Diksha Holdings Pvt. Ltd (1999 (2) BomCR 550)”, the court was bent to protect the ecological balance in the coastal areas and notifications in this regard have been issued by the Central Government. There ought not to be any violation of the order. And the activities prohibited should not be allowed to occur within the area declared as a Coastal Regulation Zone (CRZ) notification.

Further, the court also highlighted that only those activities should be allowed which would ultimately lead to scientific and sustainable development and don’t pose any threat to the ecology.

Critical Analysis

Looking through the analytical lenses shows that the law has been rushed through the Parliament without proper deliberations on various accounts. The most dazzling lacuna is the exclusion of forests, that too in a country where half the energy consumed is ‘non-commercial’ or collected from fields and trees. Thus, making destruction of forests a ladder to progress in present times.

Secondly, the Environment Protection Act, 1986 (EPA) is criticised for its comprehensive approach regarding the rule of locus standi. It has been evinced ineffective by the requirement of 60 days’ notice which gives a long enough time for the offender to abscond any answerability. Thus, it indirectly paves the way for the citizens to escape liability.

Another major drawback of the EPA follows from its co-existence with the earlier Water and Air Acts. Section 24 lets the offender get away with a less stringent punishment in case the offender is liable in any other Act. This serves as a major hindrance to the effective implementation of this Act. Moreover, the areas of jurisdiction have not been demarcated and a possibility of conflict cannot be ruled out.

Lastly, the powers and responsibilities bestowed upon the central government are humongous. Power to call for information concerning pollution is remarkable as it could benefit the unaware. However, the Act gave extensive powers to the government that led to an unqualified centralisation.

The Environment Protection Act, 1986 was a desideratum in the Indian environmental law. Even though it had its fair share of shortcomings, it did bridge the existing rift between specific legislations. This was a prominent hole which was filled up to a great extent.

If we look at the bigger picture, it is apparent that an environmental crisis is a worldwide quandary. The current pandemic is being regarded as a crisis of our own making, by waging war against the environment. The pollution levels across even the most polluted cities have plummeted. This is because staying indoors we have no opportunity to tamper with the ways of nature nowadays. This significantly exhibits how much difference our attitudes can make. So, having numerous legislations in isolation doesn’t help. The problem lies with implementation, where often our behaviour acts as a hindrance. India has sufficient laws but lacks proper implementation. And one of the ways of achieving it could be through people’s participation.

About author –

Ayushi Shrivastava is a first-year LL.B. student at ILS Law College, Pune. She has developed an interest in constitutional law and corporate law. She has been writing for some years now and it has been a rewarding experience for her.

Also Read – Role of Statutory Bodies in Environmental Protection

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Environmental Protection Act 1986, Key Features, Current Status and Drawback

Environmental Protection Act of 1986 in India is a crucial legislative framework addressing environmental concerns and regulating activities impacting the environment.

Table of Contents

In the face of growing environmental concerns and the need for sustainable development, governments around the world have been enacting legislation to safeguard their ecosystems and promote responsible resource management. One such significant step in this direction is the Environmental Protection Act 1986, a pivotal legal framework that aims to address pressing environmental challenges and strike a balance between developmental activities and ecological preservation. This article delves into the various aspects of the Environmental Protection Act 1986, shedding light on its role in shaping the trajectory of environmental consciousness and conservation efforts.

Environmental Protection Act 1986

Environmental Protection Act of 1986 is a significant legislation in India that was enacted to address environmental concerns and regulate various activities that have an impact on the environment. The primary objective of the Act is to promote the conservation of the environment and the prevention of hazards to human beings, other living creatures, plants, and property. The legislation provides a framework for the coordination of activities of various central and state authorities established under the Act.

Key Points of Environmental Protection Act 1986

Features of environmental protection act, 1986.

Key features of the Environmental Protection Act, 1986, include:

Regulatory Authorities: The Act establishes the Central Pollution Control Board (CPCB) at the national level and State Pollution Control Boards (SPCBs) at the state level to implement and enforce environmental laws.
Environmental Clearance: The Act empowers the central government to take measures for the conservation and improvement of the environment. Industries and projects that have the potential to cause environmental pollution require clearance from the relevant authorities.
Pollution Control: The Act empowers regulatory bodies to set standards for emissions and discharge of pollutants. It authorizes the authorities to take measures to control and mitigate pollution.
Hazardous Substances: The Act gives the government the power to regulate and manage hazardous substances. It includes provisions for handling, transportation, and disposal of hazardous substances to prevent environmental and health hazards.
Penalties and Enforcement: The Act prescribes penalties for offences related to environmental pollution and violations of the provisions. It allows for the closure of industries that do not comply with environmental standards.
Public Participation: The Act emphasizes public participation in environmental protection. It allows citizens to file complaints and seek legal remedies in case of environmental violations.
Environmental Impact Assessment (EIA): The Act introduced the concept of Environmental Impact Assessment, making it mandatory for certain projects to undergo an assessment of their potential environmental impact before clearance is granted.

Current Status of Environment Protection Act, 1986 (EPA)

Offences and cognizance.

Non-compliance or contravention of EPA provisions constitutes an offence.
No court can initiate proceedings unless a complaint is filed by the Central Government, its authorized authority, or an individual who has issued a 60-day notice to the Central Government or the relevant authority.
Violators may face imprisonment for up to 5 years, a fine of up to Rs 1,00,000, or both.
In case of persistent violation, an additional fine of up to Rs 5,000 per day can be imposed after the initial conviction.
If the violation continues beyond one year post-conviction, imprisonment of up to seven years can be enforced.

Drawbacks of the Environment Protection Act, 1986

Complete Centralization: The Act’s concentration of powers in the Central Government raises concerns about potential arbitrariness and misuse, as state governments have limited authority.
Lack of Public Participation: The Act lacks provisions mandating public involvement in environmental protection initiatives, emphasizing the necessity to engage citizens to prevent arbitrary decision-making and enhance environmental awareness.
Incomplete Coverage of Pollutants: The Act falls short in addressing modern pollution concerns such as noise, transportation overload, and radiation waves, limiting its efficacy in tackling emerging environmental challenges. Updating the Act to encompass these aspects is crucial for comprehensive environmental protection.

Environmental Protection Act of 1986 UPSC

The Environmental Protection Act of 1986 in India is a crucial legislative framework addressing environmental concerns and regulating activities impacting the environment. Key features include the establishment of regulatory bodies, environmental clearance for polluting industries, pollution control measures, hazardous substance management, penalties for violations, and emphasis on public participation.

However, drawbacks include centralized power, insufficient public involvement, and incomplete coverage of modern pollutants. The Act’s penalties involve imprisonment, fines, and continuation fines. To enhance its efficacy, addressing drawbacks and incorporating broader pollutant coverage is vital for comprehensive environmental protection and sustainable development.

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Environmental Protection Act FAQs

What is the purpose of the environment protection act.

The purpose of the Environment Protection Act is to regulate and manage activities that could have a negative impact on the environment and human health.

What are the four environment protection act?

Four environment protection acts refer to specific legislations in different countries, such as the Environmental Protection Act of 1990 (UK), Environment Protection Act 1970 (Australia), and others.

What are the salient features of the Environmental Protection Act 1986?

Salient features of the Environmental Protection Act 1986 include the establishment of Pollution Control Boards, powers to regulate and manage hazardous substances, and penalties for violations.

What are the key features of National Environmental Policy Act?

Key features of the National Environmental Policy Act (NEPA) include requiring federal agencies to assess the environmental impact of their projects and involving the public in decision-making.

What are the 5 environmental laws in India?

Five environmental laws in India are the Environment Protection Act 1986, Water (Prevention and Control of Pollution) Act 1974, Air (Prevention and Control of Pollution) Act 1981, Forest (Conservation) Act 1980, and Wildlife Protection Act 1972.

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essay on environmental protection act 1986

Environment (Protection) Act of 1986 – Major Provisions – UPSC Environment Notes

The Environment Protection Act of 1986 is a legislative enactment of the Indian Parliament. Enacted in May 1986, it came into force on November 19, 1986, comprising 26 parts and four chapters.
Widely considered a reaction to the Bhopal gas tragedy, this Act was promulgated by the Government of India under the authority granted by Article 253 of the Indian Constitution.
This constitutional provision empowers the central government to formulate laws to implement international agreements entered into by the country.

Table of Contents

OBJECTIVES OF THE ACT

Implementing the pivotal resolutions on environmental safety and protection formulated at the United Nations Conference on the Human Environment in Stockholm in June 1972.
Establishing new authorities dedicated to safeguarding and enhancing the environment, while also coordinating the efforts of existing agencies established under prior legislation.
Imposing stringent and dissuasive penalties on individuals or entities causing harm to the safety and health of the natural environment.
Fostering the formulation of subordinate and delegated laws addressing environmentally sensitive issues and promoting environmental protection.
Encouraging sustainable development by achieving a harmonious equilibrium between overall progress and the conservation of the environment.

SALIENT FEATURES

Constitutional Foundation:
The Environmental (Protection) Act, 1986 derives its basis from the Directive Principles of State Policy under Article 48A and Fundamental Duties outlined in Article 51A(g) of the Indian Constitution.
Central Government Empowerment:
The Act grants authority to the Central Government to adopt comprehensive measures for the prevention and control of pollution. It also enables the establishment of effective machinery to protect, enhance, and regulate environmental pollution.
Special Procedure for Hazardous Substances:
The Act outlines a distinct procedure for managing hazardous substances, mandating strict adherence to its specified protocol.
Relaxed “Locus Standi” Rule:
The Environment (Protection) Act of 1986 relaxes the traditional “Locus Standi” rule, allowing even ordinary citizens to approach the Court. This can be done by providing a sixty-day notice of the alleged offense and expressing the intention to file a complaint with the Central Government or another competent authority.
Immunity for Government Officers:
Government officers are granted immunity for actions performed under the provisions of the Act or in the exercise of powers and functions assigned by it.
Restriction on Civil Courts:
The Act prohibits Civil Courts from entertaining suits or proceedings based on actions, directions, or orders issued by the Central Government or other statutory authorities under its purview.
Precedence Over Inconsistent Enactments:
Provisions of the Environment (Protection) Act, along with any rules or orders issued under it, take precedence over anything inconsistent in any other enactment. This underscores the paramount importance of environmental protection in legal considerations.

PROVISIONS UNDER THIS ACT

The Central Government holds the authority to take necessary actions for conserving and improving environmental quality in collaboration with State Governments.
The central government is empowered to plan and execute a national program for preventing, controlling, and abating environmental pollution.
Establishment of criteria for environmental quality in all components and for the emission or discharge of environmental contaminants from various sources.
Specifying areas where certain industries, operations, or processes can or cannot be conducted, subject to specified safeguards.
The Central Government may appoint officials for various purposes and assign them corresponding duties and tasks.
Prohibition on the discharge or emission of environmental pollutants exceeding statutory criteria.
Handling hazardous substances must adhere to specified processes and authorized safeguards.
The Central Government has the authority to establish environmental laboratories and recognize others capable of performing assigned responsibilities.
A Government Analyst is appointed by the Central Government to analyze samples of air, water, soil, or other substances in recognized environmental laboratories.
Offences under the Act may result in imprisonment for up to five years, a fine of up to one lakh rupees, or both.
In case of an offence by a company, individuals in direct control of the firm at the time are presumed guilty unless proven otherwise.
If a government department commits an offence, the Head of the Department is presumed guilty, unless proven otherwise. Other officers found responsible may be prosecuted and appropriately punished.
No court can take notice of any offence under this Act unless a complaint is filed by the Central Government or its authorized authority.

BODIES RELATED TO THIS ACT

Formed under the National Environment Appellate Authority Act of 1997 by the Central Government.
Established to hear appeals related to the restriction of areas for certain industries, activities, or operations under the Environment (Protection) Act of 1986.
Created in 2010 under the National Green Tribunal Act 2010.
Established due to the perceived insufficiency of the NEAA and the National Environment Tribunal.
Specialized in handling environmental disputes efficiently and effectively.
Hears civil disputes not only under the Environment (Protection) Act of 1986 but also under six additional statutes.
Formed under the Environmental Protection Act of 1986 with the nodal ministry being the Ministry of Environment and Forests.
Principal function is to grant permission for operations involving hazardous chemicals and recombinants in industrial production.
Responsible for authorizing applications related to the release of genetically modified species and items into the environment, with mandatory field testing before release.
Established in February 2009 under the Environment (Protection) Act of 1986.
A central and state planning, funding, monitoring, and coordinating agency.
Aims to achieve pollution abatement and protection of the Ganga through a river basin approach to planning and management.
Holds both regulatory and developmental responsibilities, working towards reducing pollution and conserving the Ganga in line with sustainable development goals.

FAQs Regarding the Environment Protection Act 1986:

1-what is the environment protection act of 1986.

A: The Environment Protection Act of 1986 is a legislative enactment by the Indian Parliament, aimed at conserving and improving environmental quality.

2-When was the Act enacted and when did it come into force?

A: The Act was enacted in May 1986 and came into force on November 19, 1986.

3-How many parts and chapters does the Act comprise?

A: The Act comprises 26 parts and four chapters.

4-What are the primary objectives of the Environment Protection Act?

A: The Act aims to implement resolutions on environmental safety from the United Nations Conference in 1972, establish new authorities for environmental protection, impose penalties for harm to the environment, foster laws on environmentally sensitive issues, and encourage sustainable development.

5-What is the constitutional foundation of the Environment Protection Act?

A: The Act is based on the Directive Principles of State Policy under Article 48A and Fundamental Duties under Article 51A(g) of the Indian Constitution.

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12 The Environmental (Protection) Act, 1986

Dr.Shilpa Jain

LEARNING OUTCOME:

Understanding the need for Environment protection.
In-depth study of the provisions of the Environment (Protection) Act, 1986.
Judicial approach towards Environment protection.
Understanding of the fact that the Act imposes vicarious liability as well.

Introduction

Environment Protection is a much discussed topic and has dominated the debates in the public fora, especially since the sixties. The quality of the environment has been degrading for centuries, ever since the mankind decided to exploit nature for its own good, but the degradation has escalated with the advent of the industrial revolution and the dawn of the era of machines.

Increased human population, increase in demand, decline in vegetation to accommodate the needs of the increased population, release of chemicals in the environment, disruption of food chains due to Activities like fishing are very few examples of how the environment is being exploited and abused. The result of all this is an increased concern over the health and safety of the environment, for which time to time numerous piece of legislations and treaties have resurfaced. In the Indian context, many legislations have emerged specifically focusing on the kinds of pollution, like The Air (Prevention and Control of Pollution) Act, 1981 or The Water Prevention and Control of Pollution) Act, 1974. But the Environment Protection Act, 1986 is one of the most exhaustive legislation for the protection for the environment. It is a general piece of legislation for the protection of environment. It was enacted under Article 253 of the Constitution. The world community’s resolve to protect and enhance the environment quality found expression in the decisions taken at the United Nations Conference on the Human Environment held in Stockholm June, 1972. India participated in the conference and strongly voiced the environmental concerns. While several measures had been taken for environmental protection, both before and after the conference, the need for general legislation further to implement the decision of the Conference had become increasingly evident. Therefore the Environment (Protection) Act, 1986 [hereinafter referred to as The Act] was passed.

The Act came into force on November 19, 1986, the birth anniversary of our Late Prime Minister Indira Gandhi, who was a pioneer of environmental protection issues in our country. The Act extends to whole of India. The Constitution of India clearly states that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’.

As compared to all other previous laws on environment protection, the Environment (Protection) Act, 1986 is a more effective and comprehensive measure to fight the problem of pollution.

The Environment Protection Act is a means to implement the decisions of the UN Conference on the Human Environment held in Stockholm (June 1972).
The Environment Protection Act also seeks to enact a general blanket law on environmental protection, dealing with all aspects of pollution and harm to the nature and not limiting its scope to just one type of pollution or pollutants.
The exhaustive nature of Environment Protection Act also ensures that no ambit of environmental protection is left and all hazards’ to the environment are absolutely roofed and addressed under the Act.
The Act also provides punishment (deterrent in nature) to those responsible for causing harm to the environment or endangering it.
The Act provides for a scheme and a mechanism of working of various already existing regulatory authorities and also creates more agencies for furtherance of environment protection.
The Act also aims at promoting sustainable development as a means to achieve the end of prosperity and opulence.

In the case of N D Jayal v Union of India, (2004) 9 SCC 362, it was held that If the Act is not armed with the powers to ensure sustainable development, then it will be a barren shell. Sustainable development is one of the means to obtain the object and purpose of The Act as well as the Protection of Life under “Article 21”.Acknowledgment of this principle will breathe new life into our environmental jurisprudence and Constitutional resolve.

Important Definitions:

Section 2 of the Environment (Protection) Act, 1986 deals with definitions.

Some of the important definitions are as under:

“ Environment ” includes water, air, and land and the interrelationship which exists among and between water, air and land and human beings, other living creatures, plants, microorganism and property [Section 2(a)].

“Environmental Pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious to environment [Section 2(b)].

“Environmental pollution” means presence in the environment of any environment pollutant [Section 2(c)]. It causes imbalance in environment. The materials or substances when after mixing in air, water or land alters their properties in such manner, that the very use of all or any of the air water and land by man and any other living organism becomes lethal and dangerous for health.

“Handling” In relation to any substance, it means the manufacturing, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance [Section 2(d)].

“Hazardous Substance” means any substance or prEnvironment Protection Actration which, by reasons of its chemical or physic-chemical properties, is liable to cause harm to human beings or other living creatures, plants, micro-organism, property or the environment [Section 2(e)].

“Occupier” It means a person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance [Section 2 (f)].

Powers provided by the Act to Central Government:

The Act provides the Central Government with the power to take measures to protect and improve the environment. It endows the Central government the power to take all measures which it deems necessary to protect, preserve and improve the environment. It can take measures to curb activities causing harm to the environment it can control and bring a halt to activities discharging pollutants. In particular, and without prejudice to the generality of the provision such measures may include measures with respect to all or any of the following matters, namely:-

under this Act, or the rules made there under, or
under any other law for the time being in force which is relatable to the objects of this Act;
Planning and execution of a nation-wide program for the prevention, control and abatement of environmental pollution;
Laying down standards for the quality of environment in its various aspects;
Laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources;
Restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards;
Laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;
Laying down procedures and safeguards for the handling of hazardous substances;
Examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution;
Carrying out and sponsoring investigations and research relating to problems of environmental pollution;
Inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution;
Establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act;
Collection and dissemination of information in respect of matters relating to environmental pollution;
Preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution;
Such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of the Act as per Section 3(2) of the Act.

Section 3(3) gives power to the central government to constitute an “authority” or “authorities” to assist in its functions which is tied with the duty to constitute such an authority so as to provide a better mechanism. This was highlighted in various cases such as Lafarge Umiam Mining (P) Ltd. v. Union of India , (2011) 7 SCC 338; T.N. Godavaram Thirumulpad v. Union of India and Others , (2014) 4 SCC 61.

The ambit of powers given to the central government under this Act is very wide and under this section the central government also can implement the suggestions of the Supreme Court. The Supreme Court in various cases such as F.B. Taraporawala v. Bayer India Ltd ., (1996) 6 SCC 58, has directed the Central Government to constitute an authority under Section 3(3) of the Environment (Protection) Act, 1986. The Central government has constituted the Loss of Ecology (Prevention and Payment of Compensation) Authority for the state of Tamil Nadu on the instruction of the Supreme Court. In Vellore Citizens’ Welfare Forum v. Union of India also known as T. N. Tanneries case, (1996) 5 SCC 647 where the Supreme Court observed:

“It is thus obvious that the Environment Act contains useful provisions for controlling pollution. The main purpose of the Act is to create an authority or authorities under Section 3(3) of the Act with adequate powers to control pollution and protect the environment. It is a pity that till date no authority has been constituted by the Central Government. The work which is required to be done by an authority in terms of Section 3(3) read with other provisions of the Act is being done by this Court and the other courts in the country. It is high time that the Central Government realises its responsibility and statutory duty to protect the degrading environment in the country. If the conditions in the five districts of Tamil Nadu, where tanneries are operating, are permitted to continue then in the near future all rivers/canals shall be polluted, underground waters contaminated, agricultural lands turned barren and the residents of the area exposed to serious diseases. It is, therefore, necessary for this Court to direct the Central Government to take immediate Action under the provisions of the Environment Act.”

The court concludes as follows:

“Keeping in view the scenario discussed by us in this judgment, we order and direct as under:

The Central Government shall constitute an authority under Section 3(3) of the Environment (Protection) Act, 1986 and shall confer on the said authority all the powers necessary to deal with the situation created by the tanneries and other polluting industries in the State of Tamil Nadu.
The authority so constituted by the Central Government shall implement the
“Precautionary Principle” and the “Polluter Pays Principle”.

In the case of M.C. Mehta v. Union of India, (1998) 2 SCC 435, the Supreme Court pointed out that the step taken by the government in constituting the Environment Pollution (Prevention and Control) Authority for the National Capital Region is appropriate and timely and the above authority will deal with entire matters relating to environmental pollution in the NCR. It was further pointed out that except for the chairman, central pollution control board being an ex-officio member of the authority

the remaining member would be in the committee not merely by virtue of their office but because of their personal qualifications on account of which they were included in the committee.

In the case of S. Jagannath v. Union of India , (1997) 2 SCC 87 the court directed the government to constitute an authority and to “confer on the said authority all the powers necessary to protect the ecologically fragile coastal areas, seashore, waterfront and other coastal areas and specially to deal with the situation created by the shrimp culture industry in the coastal States/Union Territories. The Central Government shall confer on the said authority the powers to issue directions under Section 5 of the Act and for taking measures with respect to the matters referred to in clauses ( v ), ( vi ), ( vii ), ( viii ), ( ix ), ( x ) and ( xii ) of sub-section (2) of Section 3.” The court further directed that “The authority so constituted by the Central Government shall implement “the Precautionary Principle” and “the Polluter Pays Principle”

In the case of Bittu Sehgal v. Union of India , (2001) 9 SCC 181, it was held:

“We direct the Central Government to constitute an authority under Section 3(3) of the Environment (Protection) Act, 1986 and also confer on the said authority all the powers necessary to protect the ecologically-fragile Dahanu Taluka and to control pollution in the said area. The authority shall be headed by a retired Judge of the High Court and it may have other members with expertise in the field of hydrology, oceanography, terrestrial and aquatic ecology, environmental engineering, development and environmental planning and information technology, to be appointed by the Central Government. The Central Government shall confer on the said authority the power to issue directions under Section 5 and for taking measures with respect to the matters referred to in clauses (v), (vi), (vii), (viii), (ix), (x) and of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986.”

The court further pointed out that the authority so constituted by the Central Government shall consider and implement the “precautionary principle” and “the polluter pays” principle in its implementation and work towards conserving the ecologically fragile Dahanu Taluka.

The Central government also has the power to give directions under the Act. It can issue directions to any person or any officer or any authority to exercise its functions under the Act and such directions are mandatory and are bound to be complied with. Under this the Central government can direct closure, prohibition or regulation of any industry, operation or process which is harming the environment or introducing pollutants in the environment. The Central government can also, in furtherance of stopping the Activities causing harm to the environment, regulate the supply of services like water or electricity (Section 5).

In the case of Vellore Citizens’ Welfare Forum v. Union of India Supreme Court held that the Central government should confer the above powers to the authorities constituted under the Act as well.

In the case of Mahabir Soap and Guakhu Factory v. Union of India , AIR 1995 Ori 218, the Government of India has issued directions to close down a factory which were accompanied with instructions to disconnect the water supply and electricity connections. Such measures were taken since the factory was situated in a thickly populated area and the untreated discharge was polluting the water reservoirs hence causing harm to the environment and jeopardising the health of the people living in the local limits. The court established the basis of such orders in accordance with Section 5 of the Environment (Protection) Act, 1986.

The Gujarat High Court also dealt with a similar question in the case of Narula Dyeing and Printing Works v. Union of India , AIR 1995 Guj 185, where the Narula Dyeing and Printing Works were discharging their untreated trade effluents into the stream which was an irrigation canal. The state government as well as the Gujarat State Pollution Control Board to whom the powers were delegated by the Central Government in accordance with Section 3(3) issued directions under Section 5 of the Environment Protection Act to close down the factory. In this case also the Petitioner’s challenged the powers of the State Government on the ground that no personal hearing was provided to them. The court did not accept the plea of the petitioner and further observed that the government is fully empowered to dispense with the opportunity of hearing being given for filing objections against the proposed directions in such cases of grave injury to the environment. It is intended to safeguard the environment from any grave injury to any component of the environment.

The Central Government also has the power to make rules to regulate environment pollution. The Government in exercise of this power has already enacted “The Environment (Protection) Rules, 1986” which also came into force w.e f. 19 November, 1986. These rules, inter alia, provide for (i) the standards of quality of air, water or soil for various areas and purposes, (ii) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (iii) the procedure and safeguards for the handling of hazardous substances; (iv) the prohibition and restrictions on the handling of hazardous substances in different areas (v) the prohibition and restriction on the location of industries in different areas (vi) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and providing remedial measures for such accidents.

Prevention, Control and Abatement of Environmental Pollution:

Section 7 of the Act specifically provides that no person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or be emitted any environmental pollution in excess of the prescribed standards. Section 7 of the Environment Protection Act provides that certain standards have to be maintained and no person or an industry can be permitted to cause damage to the environment. If any person is found guilty of causing damage to the environment then by applying the “polluter pays principle” he can be asked to pay the exemplary damages for polluting the environment. In D.S. Rana v. Ahmedabad Municipal Corporation , AIR 2000 Guj 45, the imposition of restrictions on the trade or operation of melting gold and silver which was causing public nuisance and a health hazard and damaging the environment was held to be proper.

Section 8 provides that persons handling hazardous substances are required to comply with procedural safeguards where the discharge of any environmental pollution in excess of prescribed standards occurs or is apprehended to occur due to accident or other unforeseen circumstances the people responsible for such discharge and the person in charge of the place where the discharge occurs shall be bound to mitigate or reduce the pollution. He is required to give intimation and render all assistance to the concerned authorities.

Section 9 provides that on receipt of such intimation or otherwise the concerned authorities shall take steps to prevent or mitigate the environmental pollution Section 10 provides that the Central government can give any person powers of entry, inspection of any place for the purpose of examining and testing equipment, industrial plant, record, register or document and make such seizures as is necessary to prevent or mitigate environmental pollution.

Power to take Samples and Procedure to be followed thereafter:

The Central government or any other officer empowered by it in this behalf has the power to take for the purpose of analysis, samples of –

(iii) Soil, or
(iv) Other substance.
(i) Factory
(ii) Premises, or
(iii)Other place .

In order to make the result of any sample admissible in the evidence in any legal proceedings the following procedure must be followed:-

a) Notice must be served on the occupier or his agent or person in charge of the place. The notice must indicate his intention to have the analysis of sample ;
b) The Sample must be collected in the presence of the occupier of his agent or his agent;
c) The sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent;
d) Send without delay, the container or the containers to the laboratory established or recognized by the Central Government under section 12 [i.e. Environmental Laboratory].

In a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required, the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recognised and such person shall inform the Government Analyst in writing, about the wilful absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers (Section 11).

The Central Government or the officer empowered to take samples under Section 11 shall collect the sample in sufficient quantity to be divided into two uniform parts and effectively seal and suitably mark the same and permit the person from whom the sample is taken to add his own seal or mark to all or any of the portions so sealed and marked. In case where the sample is made up in containers or small volumes and is likely to deteriorate or be otherwise damaged if exposed, the Central Government or the officer empowered shall take two of the said samples without opening the containers and suitably seal and mark the same. The Central Government or the officer empowered shall dispose of the samples so collected as follows:-

(i) One portion shall be handed over to the person from whom the sample is taken under acknowledgement; and
(ii) The other portion shall be sent forthwith to the environmental laboratory or analysis.

The Act provides that any person who fails to comply or contravenes any of the provisions of the Act, or the rules made or orders or directions issued under the Act or rules, shall be punished with

a) With imprisonment for a term which may extend to 5 years,
b) With fine which may extend to one lakh rupees,
c) With both.

In case the failure or contravention continues after the conviction for first failure or contravention, an additional fine which may extend to five thousand for every day can be imposed for a period during which failure or contravention continues. If the failure or contravention continues beyond a period of one year after conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years (Section 15).

Offences by Companies and Government Departments:

The Act incorporates the principle of vicarious liability of the person in-charge, Director, Manager, Secretary or other officer for the offence if committed by the company. When any offence is committed by the company, the company as well as the person directly in-charge of and responsible for the conduct and business of company shall be deemed to be guilty and liable to punishment. However the person in-charge and responsible for the conduct and business of the company is not held liable if he proves

(i) that the offence was committed without his knowledge; or
(ii) that he exercised all due diligence/care to prevent the commission of such

If it is proved that the offence has been committed by a company with the consent, or connivance, or negligence of any director, manager, secretary other officer of the company then such persons are deemed to be guilty of the offence and liable for punishment (Section 16).

When an offence under this Act has been committed by any Government Department, the head of the department shall be deemed to be guilty and liable for punishment. However, there is no liability of the head of the department if he proves (a) that the offence was committed without his knowledge; or (b) that he exercised all due diligence/care to prevent the commission of such offence.

Section 17 states that if it is proved that the offence has been committed by a Government Department with the consent, or connivance or negligence of any officer be that the head of the department, then such a person shall be deemed to guilty and liable for punishment. However, the Act provides protection for Actions taken in good faith (Section 18).

In U.P. Pollution Control Board v. Mohan Meakins Ltd, (2003) SCC 745 , the Supreme Court made it clear that directors and managers who were responsible for causing the pollution would be liable under section 16 of the Environment Protection Act and there was inordinate delay in taking up the case. The court further observed that it couldn’t afford to deal lightly with cases involving pollution of air and water.

In Suo Motu v. Vatva Industries Asson, AIR 2010 Guj 33 , it was held that the pollution control board and its officers are free and competent to take Action against any person on violating any provision of the environmental laws. They need not to wait for the direction of the court for taking Action under the law. In fact such a course of seeking direction from the court would amount to dereliction of duty.

The Act further empowers the Central Government to make rules for the purpose of carrying out the purposes of this Act. The Central Government has enacted various rules in furtherance of section 3, 6, 8 read with section 25. Some of the important rules enacted under the Act are:-

The Hazardous Waste (Management and Handling) Rules, 198
Manufacture, Storage and Import of hazardous chemical Rules, 1989
Hazardous Micro0organisms Rules, 1989
Bio- Medical Waste (Management and Handling) Rules,1998
Municipal Solid waste ( Management and Handling ) Rules , 2000
The Batteries ( Management and Handling ) Rules, 2001

Thus, the Act is a very important piece of legislation which is in the form of an umbrella legislation covering all forms of environmental pollution. However there are still many lacunas in the Act which remain such as no Minimum sentence is prescribed, thus diluting the deterrent effect of the Act. Also the Act emphasis on Criminal Liability rather than Civil Liability. It also lacks any incentive to the general public for taking steps to bring the culprit to books. The awareness towards improving the quality of environment has increased substantially and all efforts are being made at different levels to minimize environmental pollution and thus help in improving the quality of life. All in all it is a positive piece of legislation which is a way forward towards achieving sustainable development.

Efficacy of Environment Protection Act, 1986

Environment Law Subject-wise Law Notes
May 3, 2020

The Environment Protection Act 1986, is an umbrella legislation and was outcome of Bhopal Gas Tragedy of 1984. The Act of 1986 was enacted under Article 253[1] of Indian Constitution, for implementation of the decisions at United Nations Conference on Human Environment at Stockholm in 1972 in order to provide for progressive policy for protection of ecosystem and ecology.[2] The legislation aims at not only protection but also improvement of environment. It extends to air, water and land and their intercourse with natural and human environment. It considers the wholesome definition of ‘environment’.

When the bill was introduced, by the then Minister of State for Environment and Forest Z.R Ansari, he stated, that though there are many legislations in accordance with environment but there is a need for general legislation to allow coordination among different regulatory bodies and ensure speedy response in case of violation.[3] Under the statute, powers lie with the Central Government through Ministry of Environment, Forests and Climate Change to take any step to measure and control pollution and issue directions to stop or close any industry.[4] If there is violation of any provision of the Act, it leads to punishment.[5] A life has been brought to this legislation through further enactments like Environment Impact Assessment Notification, 2006 , Coastal Regulation Zone, 2011 and Hazardous Waste Rules, 2016 . Further, Environment (Protection) Rules were also laid down for setting up of standards for emission or discharge of environmental pollutants.

The Act characterizes certain activities like excess emission, handling hazardous substances in violation of procedural safeguards and obstruction of person empowered to enter and inspect as offences for which a penalty is imposed. The Act addresses offences committed by companies and Government departments separately.

Notification for protection of ecologically sensitive areas are issued from time to time in accordance to the need under Environment Protection Act.[6] It provides for stringent laws on pollution, hazard emissions or discharge, deforestation etc. which requires a pressing need to overcome such environmental problems. The very idea of locus standi as introduced in Air or Water Act provides for only concerned authorities to initiate an action. However, the concept of PIL has been given preference in the Act.

Powers can be issued by Court under the Act. For example, in M.C. Mehta v. Union of India [7], the court issued various directions in order to control the traffic and vehicular pollution. Further, in Indian Council for Enviro-Legal Action v. Union of India[8] , Supreme court emphasized that it is duty and responsibility of Union Territories and Coastal States to take care of the coastline by issuing notification and such to be implemented properly. Also, in Goa Foundation v. Diksha Holdings Pvt. Ltd. [9] , the court adhered to the idea that notification having being issued by central government, there should not be any violation and prohibited areas should not allow any industrial activity around CRZ notification to protect ecological environment. In Vellore Citizen Welfare Forum v Union of India & Ors .[10], the Supreme Court interpreted the polluter pay principle and held that absolute liability for harming the environment cover not only the victims but also includes the cost of restoring the environmental degradation.

In M.C. Mehta v. Union of India ,[11] the Court while dealing with water pollution of the river Ganga issued directions to the Nagar Mahapalikas which have jurisdiction over the areas through which the Ganga flows to submit to the SPCBs the plan regarding the disposal of waste, sewerage and treatment of trade effluents discharged into the river. The Court also held that it is the duty of the Central Government under Article 48A of the Constitution to introduce compulsory lessons on environmental protection in schools. Further, in M.C. Mehta v. Union of India ,[12] the Court gave directions in order to spread awareness on environment protection through mass media, information films and educational courses.

In M.C. Mehta v. Union of India (Taj Trapezium case) ,[13] the Court held that industries located in the Taj Trapezium Zone using coke or coal are causing pollution at higher levels and therefore, these industries have to switch over to natural gases or must stop functioning or try relocating themselves.

The court in M.C. Mehta v. Union of India [14], considered the rate of falling groundwater level and directed the Central Government to appoint the “Central Groundwater Board” as an authority under the Environment (Protection) Act, 1986. This Board would be empowered to regulate groundwater management and address the issue of indiscriminate withdrawal of groundwater.

In T.N. Godavarman Thirumulpad v. Union of India [15], a PIL was filed under Article 32 of the Constitution on behalf of the people living in and around the Nilgiri forests on the Western Ghats. The petitioner challenged the validity of the actions by the state authorities which amount to destruction of the tropical rain forests of the region which he alleged were a clear violation of the Indian Forest Act, 1927 and the Environment (Protection) Act, 1986. Reiterating the public trust doctrine, the Court held that common properties like rivers, seashore, forest and the air are held by the Government in trust for the free and unimpeded use of the general public.

Though the Act covers air, water and land, however, it ignored modern problems like traffic, noise, congestion, slums etc. Moreover, under Section 11[16], the growing technology has not been taken into consideration. The idea of checking the air or water samples can be done through mobile laboratories without causing any delay. The current provisions were formulated with the idea of protecting guilty rather than environment. It was a great deal to introduce such a heavy punishment in case of violation or environment degradation and the Act gained much publicity due to this, however, no minimum punishment has been prescribed which acts as a loophole here.

Under Section 24[17] of the Act, it is mentioned that in case of any act committed, counts as offence under this Act or any other law, then the offender shall be punished under the other act. The ever idea of formulation of the Act goes in vain. Moreover, there are many aspects left uncovered under different acts like noise pollution and hence, remedy lies just in torts or as nuisance in Code of Criminal Procedure. Also, ‘ Judicial review’ in case of decisions of State is not available.[18]

Also, there is an ambiguity in jurisdiction and distribution of powers. A lot of time and effort is required to understand the arrangements and regulations and hierarchy in institutions. This ultimately leads to delay and problems arises out of non-compliance. For example, considering the case of solid waste management, it involves municipality, concerned pollution board and the concerned department having jurisdiction over the land where the waste is dumped.[19]

There is lack of civil administrative authority thereby limiting the effectiveness of Pollution Control Boards efforts and ultimately needs a complete reliance on judiciary for the enforcement. Civil authority is suggestive as filing of criminal cases against violators in session or trial courts or through PIL consumes a lot of time and unpredictable too.

There lies a problem in coordination between Central Pollution Control Board and State Pollution Control Board in various matters like urban development and municipal waste management, industries and industrial facilities etc. Further there is institutional incapacity as proper training is not given to staff.[20] Even the study conducted in case of Andhra Pradesh Pollution Control Board, it was found that they were inefficient in handling the matter due to increase in responsibilities, lack of financial, human resources and deterrence mechanisms.[21]

Despite its disadvantages, the courts in India have been successful in implementing the legislation as evident from the cases above. Pollution level in the country has been controlled with time due to assistance of court.[22] However, if certain changes or amendments are done to the legislation as reflected above, it can surely increase its efficiency as well as the efficacy of the court to solve the matter.

[1] Indian Const. art. 253, Legislation for giving effect to international agreements : Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

[2] Critical Assessment of Existing Environmental Legislation and Policies in India, Its Benefits, Limitation, and Enforcement, Available at : https://www.researchgate.net/publication/322924578_Critical_Assessment_of_Existing_Environmental_Legislation_and_Policies_in_India_Its_Benefits_Limitation_and_Enforcement, Last Accessed: 10.04.2020.

[3] Shreekant Gupta, environment policy and governance in a federal framework: perspectives from India, Available at: http://econdse.org/wp-content/uploads/2016/07/chapter-1-gupta.pdf, Last Accessed: 10.04.2020.

[4] Environment Protection Act, 1986, Section 5.

[5] Environment Protection Act, 1986, Section 15.

[6] Ministry of Environment, Forest and Climate Change, Enforcement of important Environmental Laws, Press Information Bureau, Government of India, Available at : https://pib.gov.in/newsite/erelcontent.aspx?relid=51884, Last Accessed: 10.04.2020.

[7] M.C. Mehta v. Union of India, (1998) 6 SCC 63.

[8] Indian Council for Enviro-Legal Action v. Union of India, 1996 AIR 1446.

[9] Goa Foundation v. Diksha Holdings Pvt. Ltd., 1999 (2) BomCR 550.

[10] Vellore Citizen Welfare Forum v Union of India & Ors, AIR 1996 SC 2715.

[11] M.C. Mehta v. Union of India, (1987) 4 SCC 471.

[12] M.C. Mehta v. Union of India, (1992) 1 SCC 358.

[13] M.C. Mehta v. Union of India (Taj Trapezium case), (1997) 2 SCC 353.

[14] M.C. Mehta v. Union of India, (1997) 11 SCC 312.

[15] T.N. Godavarman Thirumulpad v. Union of India, (2013) 8 SCC 204.

[16] Environment Protection Act, 1986, Section 11- Power to take sample and procedure to be followed in connection therewith.

[17] Environment Protection Act, 1986, Section 24- Effect of other laws.

[18] K. Jayakumar, Environment Protection Act: A Critical Overview, Cochin University Law Review , pp. 33-39.

[19] Centre for Policy Research (CPR)-Namati Environmental Justice Program (2016). How effective are environmental regulations to address impacts of industrial and infrastructure projects in India. India: CPR-Namati Environmental Justice Program, Available at: https://in.boell.org/sites/default/files/how_effective_are_environmental_regulations_to_address_impacts_of_industrial_and_infrastructure_projects_in_india.pdf, Last Accessed: 10.04.2020.

[20] Environment compliance and enforcement in India: Rapid Enforcement, OECD, Available at: http://www.oecd.org/environment/outreach/37838061.pdf, Last Accessed: 10.04.2020.

[21] P. M. Prasad, Environment Protection: Role of Regulatory System in India, Economic and Political Weekly , Vol. 41, No. 13 (Apr. 1-7, 2006), pp. 1278-1288.

[22] Har Govind, Recent Developments in Environmental Protection in India: Pollution Control, Ambio , Vol. 18, No. 8, 1989, pp. 429–433, JSTOR , www.jstor.org/stable/4313633, Last Accessed: 10.04.2020.

Author Details: Naina Agarwal (Rajiv Gandhi National University of Law, Patiala)

The views of the author are personal only. (if any)

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What is the main purpose of the Environment Protection Act 1986? Will the recent proposal to ‘decriminalize’ its provision dilute its effectiveness? Critically analyse

Topic: Environment Conservation

5. What is the main purpose of the Environment Protection Act 1986? Will the recent proposal to ‘decriminalize’ its provision dilute its effectiveness? Critically analyse (10M)

Difficulty level: Moderate

Reference: The Hindu

Why the question: The Environment Ministry proposes to soften the provisions of the Environment Protection Act (EPA) by replacing a clause that provides for imprisoning violators with one that only requires them to pay a fine. Key Demand of the question: Write down the mandate of the act and analyse the recent changes brought in it. Structure of the answer: Introduction: Begin by giving a briefly describing EPA 1986 Body : Write down its main purpose e.g., The Act covers all forms of pollution; air, water, soil and noise. It provides safety standards for the presence of various pollutants in the environment. It prohibits the use of hazardous material unless prior permission is taken from the Central Government. Then briefly describe the recent changes brought it. Then answer, will the recent changes dilute its effectiveness- Yes/No: Give reasons for each. Conclusion: Give a balanced conclusion about what more need to be done in EPA 1986.

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Essay on Environmental Protection: 100 to 500 Words Long

Here we have written for you essays of various lengths. Check them out and pick the best one that suits your requirement.

Table of Contents

Essay on Environmental Protection (50 Words)

(Environmental Protection Essay)

The act of protecting the environment from being polluted is called environmental protection. The main objective of environmental protection is to protect the environment or natural resources for the future. in this century we, the people are continuously harming the environment in the name of development.

Now we have reached such a situation that we can’t survive for long on this planet without environmental protection. So, we all should concentrate on environmental protection.

Essay on Environmental Protection (100 Words)

Image of Essay on Environmental Protection

Environmental protection refers to the act of protecting the environment from being destroyed. The health of our mother earth is deteriorating day by day. Human being is mostly responsible for environmental degradation on this blue planet.

Environmental pollution has reached to an extent that we can’t recover from it. But we can definitely stop the environment from being polluted more. Thus the term environmental protection arises.

The environmental protection agency, a US-based organization is putting continuous effort to conserve the environment. In India, we have an environmental protection law. But still, the growth of manmade environmental pollution has not been seen as controlled.

Essay on Environmental Protection (150 Words)

We all know the importance of environmental protection. In other words, we can also say that we can’t deny the importance of protecting the environment. In the name of up-gradation of lifestyle, the human being is causing harm to the environment.

In this era of development, our environment is facing a lot of destruction. It has become very much necessary to stop the condition from getting worse than what it is now. Thus there arises awareness of environmental protection in the world.

Some factors like the growth of population, illiteracy, and deforestation are responsible for environmental pollution on this earth. The human being is the only animal on this earth who plays an active role in the destruction of the environment.

So it is none but the only human beings who can play a vital role in the conservation of the environment. A US-based organization the Environmental Protection Agency is doing a lot to spread awareness among people to conserve the environment.

In the Indian constitution, we have environmental protection laws that try to protect the environment from the cruel clutch of human.

Very short Essay on Environmental Protection

(Very Short Environmental Protection Essay)

The environment has been providing free service to all the living organisms on this earth from the very first day of this earth. But now the health of this environment is seen deteriorating on a daily basis due to the negligence of men.

The gradual deterioration of the environment is leading us towards doomsday. So there is an urgent need for environmental protection.

A number of environmental protection agencies are formed across the globe to protect the environment from being destroyed. In India, the environment protection act 1986 is forced in an attempt to protect the environment.

This environmental protection law is implemented after the Bhopal Gas Tragedy in 1984. All these efforts are only to protect the environment from more degradation. But still, the health of the environment has not been improved as expected. A united effort is required for environmental protection.

Environmental Protection Laws in India

There are six different environmental protection laws in India. These laws not only protect the environment but also the wildlife of India. After all, wildlife is also a part of the environment. The environment protection law in India are as follows: –

The Environment (Protection) Act of 1986
The Forest (Conservation) Act of 1980
The Wildlife Protection Act 1972
Water ( prevention and control of pollution) Act 1974
Air (prevention and control of pollution) Act 1981
The Indian Forest Act,1927

( N.B.- We have only mentioned the environmental protection laws for your reference. The laws will be discussed separately in the essay on Environmental protection laws in India)

Conclusion: – It is our responsibility to protect the environment from being polluted or destroyed. Life on this earth can never be imagined without the environmental balance. Environmental protection is required to survive on this earth.

Essay on Importance of Health

Long Essay on Environmental Protection

To write an essay on environmental protection with a limited word count is a difficult task as there are various types of environmental protection like protecting air and controlling water pollution, ecosystem management, maintenance of biodiversity, etc. Nevertheless, Team GuideToExam is trying to give you a basic idea of Environmental Protection in this Essay on Environmental Protection.

What is environmental protection?

Environmental protection is the way to protect our environment by increasing awareness among in our society. It is the duty of every individual to protect the environment from pollution and other activities which may lead to environmental degradation.

How to protect Environment in daily life (Ways to protect Environment)

Though there is an independent agency of the United States federal government for environmental protection called as US EPA, as a responsible citizens, we can follow some simple steps in our day-to-day life to protect the environment such as

We should minimize the use of Disposable paper plates: – Disposable Paper plates are mainly made from wood, and the manufacturing of these plates contributes to Deforestation. In addition to that, a huge amount of water is wasted in the production of these plates.

Maximize the use of reusable products: – One-time usable products of Plastic and paper have a very bad impact on the Environment. To replace these products, we must use reusable products in our homes more and more.

Use Rainwater harvesting: – Rainwater Harvesting is a simple method of collecting rainfall for future uses. The collected water by using this method can be utilized in different works like gardening, rainwater irrigation, etc.

Use eco–friendly cleaning products: – We must maximize the use of eco-friendly cleaning products rather than traditional products that rely on synthetic chemicals. Traditional cleaning products are mostly made from synthetic chemicals which are very dangerous to our health as well as our environment.

Environmental Protection Agency:-

The Environmental Protection Agency (US EPA) is an independent agency of the U.S. Federal government which sets and enforces national pollution control standards. It was established on 2nd Dec/1970. The main motto of this agency is to protect human and environmental health along with creating standards and laws that promote a healthy environment.

Conclusion :-

Environmental protection is the only way to protect mankind. Here, we Team GuideToExam try to give our readers an idea of what environmental protection is and how can we protect our environment by applying easy to made changes. If anything remained to uncover, don’t hesitate to give us feedback. Our team will try to add new value to our readers.

Essay on Importance of Health – Tips for Healthy Lifestyle

Essay on Environmental Pollution: Multiple Essays

3 thoughts on “Essay on Environmental Protection: 100 to 500 Words Long”

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Environment (Protection) Act, 1986
Introduction. Overview: The Environment (Protection) Act (EPA) was enacted in 1986 with the objective of providing the protection and improvement of the environment. It empowers the Central Government to establish authorities charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the ...
Environment (Protection) Act, 1986
First, the Wildlife Protection Act, 1972 was enacted. Then, the Water (Prevention and Control of Pollution) Act, 1974 was passed, followed by the Air (Prevention and Control of Pollution) Act 1981. Then in 1986, the EPA was passed by the Parliament, in the wake of the Bhopal Gas Tragedy, which occurred on Dec 2, 1984 (Know more about the ...
Overview of the Environment Protection Act, 1986
The Environmental Protection Act, 1986 (EPA) was passed with the following objects: (i) It was enacted to implement the decisions which were made at the United Nation Conference on the Human Environment held at Stockholm in June 1972. (ii) Creation of authority for government protection. (iii) Coordinating the activities of various regulating ...
Environment Protection Act, 1986
Objectives and purposes of Environment Protection Act, 1986. The objectives and purposes of this act, first and foremost lie with the implementation of the aims of the UN Conference on the Human Environment, 1972. Apart from that, the increasing menace to the environment nationwide called for an enactment. This act acted as a deterrent to those ...
Environmental Protection Act 1986, Key Features, Drawback
Environmental Protection Act of 1986 is a significant legislation in India that was enacted to address environmental concerns and regulate various activities that have an impact on the environment. The primary objective of the Act is to promote the conservation of the environment and the prevention of hazards to human beings, other living ...
Environment (Protection) Act, 1986
Introduction . In wake of the Stockholm Conference held in 1972 that advocated environmental protection at the international level and was one of the most devastating incidents of all time, the Bhopal Gas Tragedy of 1984 highlighted an urgent need for a comprehensive law with respect to environmental protection, domestically, the need for Environment (Protection) Act, 1986 was felt.
Environment (Protection) Act of 1986
The Environment Protection Act of 1986 is a legislative enactment of the Indian Parliament. Enacted in May 1986, it came into force on November 19, 1986, The Environment Protection Act of 1986 is a legislative enactment of the Indian Parliament. ... Essay (70) Ethics (2) Ethics - General Studies (40) Geography - General Studies (160)
Short note on Environmental Protection Act of 1986: Overview
The Environment Protection Act of 1986, a legislation of the Indian Parliament, was promulgated in May 1986 and took effect on 19 November 1986. Comprising 26 sections across 4 chapters, this Act is often viewed as a reaction to the Bhopal gas leak incident. It was enacted by the Government of India under Article 253 of the Constitution.
The Environmental (Protection) Act, 1986
The Act came into force on November 19, 1986, the birth anniversary of our Late Prime Minister Indira Gandhi, who was a pioneer of environmental protection issues in our country. The Act extends to whole of India. The Constitution of India clearly states that it is the duty of the state to 'protect and improve the environment and to safeguard ...
Efficacy of Environment Protection Act, 1986
The Environment Protection Act 1986, is an umbrella legislation and was outcome of Bhopal Gas Tragedy of 1984. The Act of 1986 was enacted under Article 253 [1] of Indian Constitution, for implementation of the decisions at United Nations Conference on Human Environment at Stockholm in 1972 in order to provide for progressive policy for ...
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Environment Protection Act, 1986 is an Act of the Parliament of India. ... The chapter cites s 87(1) of the Environmental Protection Act 1990 (EPA 1990), which provides that a person commits an ...
Environment Protection Act 1986 Case Study
INTRODUCTION Environment Protection Act, 1986 is Regulation of Parliament of India. In the wake of the Bhopal Gas Tragedy, the Gov. of India enacted the Environment Protection Act of 1986 under Article 253 of Constitution. Passed in March 1986, it came into action on 19 November 1986. The purpose of the Act is to appliance the decision of the ...
What is the main purpose of the Environment Protection Act 1986? Will
The Environment Ministry proposes to soften the provisions of the Environment Protection Act (EPA) by replacing a clause that provides for imprisoning violators with one that only requires them to pay a fine. Key Demand of the question: Write down the mandate of the act and analyse the recent changes brought in it. Structure of the answer:
Impact of Environment Protection Act, 1986 on the Society
The environment is the real world that has the living as well as non-living types of surroundings on the earth. All living things and non-living on this planet go under nature. Whether they live ...
Environment Protection Act,1986 (Overview)
By Mayank Shekhar Published on 21 March 2020 2:30 AM GMT. Overview : Environment Protection Act,1986 Introduction to Environment (Protection) Act,1986 Premises of the Act Objectives Scope and Applicability Definitions Powers of Central Government to take measures to Protect and Improve Environment Powers of the Court Prevention, Control and ...
PDF ASSIGNMENT NO.7 TOPIC 7: ENVIRONMENTAL PROTECTION
Write an essay on "Environment Protection Act". From time to time various legislations relating to protection of environment from specific types of pollution have been passed by the Indian legislature. However, the Environment (Protection) Act, 1986 is the most comprehensive act on the Indian statute book relating to environment protection.
Useful Notes on the Environmental Protection Act, 1986
The Act comes into force on Nov. 19, 1986, the birth anniversary of our late Prime Minister Mrs. Indira Gandhi, who was a pioneer of environmental protection issues in our country. An Act to provide for the protection and improvement of environment and for matters connected there with: WHEREAS the decisions were taken at the United Nations ...
PDF THE ENVIRONMENT (PROTECTION) ACT, 1986
2 For issuing directions see r.4 of Environment (Protection) Rules, 1986. 3 See r. 3 of Environment (Protection) Rules, 1986 and Schedules thereto. i. Schedule I lists the standards for emission or discharge of environmental pollutants from the industries, processes or operations and their maximum allowable limits of concentration; ii.
Essay On Environmental Protection
The Environment protection Act, 1986 defines as "environment includes water, air and land which exist between the water, air, land (nature) and human beings and other living creatures. In Ancient time: In the ancient time, the environment's protection and clean up the environment was the essence of Vedic culture.
Essay on Environmental Protection: 100 to 500 Words Long
The act of protecting the environment from being polluted is called environmental protection. The main objective of environmental protection is to protect the environment or natural resources for the future. in this century we, the people are continuously harming the environment in the name of development. Now we have reached such a situation ...
Essay On Environment Protection Act
In this video write an Essay on Environment Protection Act 1986. Environment Protection act Essay#environmentprotection
Essay On Environment Protection Act 1986
Essay On Environment Protection Act 1986. Accuracy and promptness are what you will get from our writers if you write with us. They will simply not ask you to pay but also retrieve the minute details of the entire draft and then only will 'write an essay for me'. You can be in constant touch with us through the online customer chat on our ...

Environment (Protection) Act, 1986

Environment Protection Act (EPA)

Aims and Objectives of the Environment Protection Act

Main Provisions of Environment Protection Act

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Environment Protection Act, 1986 – An Overview and Analysis

Salient Features of the Act

(1) Preliminary

(2) General Powers of the Central Government

(3) Prevention, Control and Abatement of Environmental Pollution

(4) Miscellaneous

Objectives and purposes of Environment Protection Act, 1986

Why was it enacted?

Landmark cases made under it

Critical Analysis

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Environmental Protection Act 1986, Key Features, Current Status and Drawback

Environmental Protection Act 1986

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What is the main purpose of the Environment Protection Act 1986? Will the recent proposal to ‘decriminalize’ its provision dilute its effectiveness? Critically analyse

Essay on Environmental Protection: 100 to 500 Words Long

Essay on Environmental Protection (50 Words)

Essay on Environmental Protection (100 Words)

Essay on Environmental Protection (150 Words)

Very short Essay on Environmental Protection

Long Essay on Environmental Protection

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