(Passed in March 1986
and came into force on 19 Nov. 1986)
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’. The Department of Environment was established
in India in 1980. This later became the Ministry of Environment and Forests in
1985
The EPA (Environment Protection Act), 1986 came into force
soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as
it fills many gaps in the existing laws. Thereafter a large number of laws came
into existence as the problems began arising, for example, Handling and Management
of Hazardous Waste Rules in 1989.
INTRODUCTION
The concern over the
state of environment has grown worldwide, since the sixties. The decline in
environmental quality has been evidenced by increasing pollution, loss of
vegetation and biological diversity, excessive concentration of harmful
chemicals in the ambient atmosphere and in food chains, growing risks of
environmental accidents and threat to life support systems.
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. It is a general 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. The Government of 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 was passed.
OBJECTIVES
§ To implement the decisions made at the U.N. Conference on the
Human Environment held at Stockholm in June, 1972.
§ To co-ordinate activities of the various regulatory agencies
under the existing laws and creation of an authority or authorities for
environment protection.
§ To provide for deterrent punishment to those who endanger
human environment, safety and health.
§ To ensure sustainable development is also one of the goals of
the EPA,1986. If the act is not armed with the powers to ensure sustainable development,
it will become a barren shell.
§ To enact general law on environmental protection which could
cover uncovered gaps in the areas of major environmental hazards as the
existing laws generally focused on specific types of pollution or on specific categories
of hazardous substances and some major areas of environmental were not covered.
§ In short, the EPA, 1986 aims at protecting and improving the
environment and prevention of hazards to human beings, other living creatures,
plant and property
SCHEME OF THE ACT
The Environment (Protection) Act, 1986 has 26 Sections and it
has been divided into four chapters
i)
Preliminary,
ii)
General Powers of the Central Government,
iii)
Prevention, Control, and Abatement of Environmental
Pollution,
iv)
Miscellaneous.
PRELIMINARY: (chapter I, section
1-2)
1.
SHORT TITLE, EXTEND AND COMMENCEMENT:
The Environment Protection Act (1986) Enacted under article
253 of the Indian constitution. To protect and improve environmental quality,
control and reduce pollution from all sources.
(1) This Act may be called the Environment (Protection)Act, 1986.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint and different
dates may be appointed for different provisions of this Act and for different
areas.
2. DEFINITIONS: Important Definitions are,
i) Environment [Section 2(a)]: Environment includes water, air and land and the inter relationship which exists among and between water, air and land and human beings, other living creatures, plants, microorganisms and property.ii) Environmental Pollutant [Section 2(b)]: Environmental Pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.iii) Environmental Pollution [Section 2(c)]: Environmental pollution means the presence in the environment of any environmental pollutant.iv) Handling [Section 2(d)]: Handling, in relation to any substance, means the manufacture, process, treatment, destruction, conversion, offering for sale, transfer, or the like of such substance.v) Hazardous Substance [Section 2(e)]: Hazardous substance means any substance or preparation which, by reason of its chemical or physicochemical properties or handling, is likely to cause harm to human beings, other living creatures, plants, microorganisms, property, or the environment.vi) Occupier [Section 2(f)]: Occupier in relation to any factory or premises means a person who has control over the affairs of the factory or premises and includes, in relation to any substance, the person in possession of the substance.
GENERAL POWERS OF THE
CENTRAL GOVERNMENT: (CHAPTER II, section 3-6)
To make rules to regulate environmental pollution; To notify
standards and maximum limits of pollutants of air, water, and soil for various
areas and purposes; Prohibition and restriction on the handling of hazardous substances,
and location of industries (Sections 3-6).
§ Under Sec (3): may constitute authority or authorities for
the purpose of exercising of performing such of the powers and functions;
§ Under Sec (4): may appoint a person for inspection;
§ Under Sec (5): may issue directions in writing to any
officers or any authority to comply;
§ Under Sec (6): it empowers the government to make rules to
achieve the object of the Act.
§ Under Sec (7): persons carrying on industry, operation etc.
not to allow emission or discharge of environmental pollutants in excess of the
standards;
§ Under Sec (8): persons handling hazardous substances must
comply with procedural safeguards.
PREVENTION, CONTROL,
AND ABATEMENT OF ENVIRONMENTAL POLLUTION: (CHAPTER III, section 7-17)
The Central Government has the power to take all such
measures as it deems necessary for the purpose of protecting and improving the
quality of environment and preventing, controlling and abating environmental
pollution. Such measures may include:
· Co-ordination of actions by the State Government officers and other authorities under this act or under any law.· Planning and execution of nation- wide programmes for the prevention, control and abatement of environmental pollution.· Laying down standards for the quality of environment in the various aspects.· Laying down standards for the emission or discharge of environmental pollutants.· Restriction of areas in which any industry, operation or process shall be carried out.· Laying down procedures and safeguards for handling of hazardous substances.· Examination of manufacturing processes, materials and substances which are likely to cause environmental protection.· Carrying out and sponsoring investigations and research relating to problems of environmental pollution.· Establishment and recognition of environmental laboratories.· Such other matters as the Central Government may deem necessary of the purposes of securing effective implementation of this Act.· Under section 3(3), the Central Government may constitute an “authority” or “authorities” to exercise powers and perform functions as mentioned above.
Penalty for contravention of the provisions of the Act, Rules,
Orders and Directions Offences by Companies and Government Departments
1) PENALTIES: One of the objectives of EPA is to provide for
deterrent punishment to those who endanger human environment, safety and
health. Sec 15 of the EPA 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, then for such failure or
contravention, he shall be punishable:-
· With imprisonment for a term which may extend to 5 years, With fine which may extend to one lakh rupees, 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.
2) OFFENCES: Sec 16 of EPA 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 then the company as well as the person directly in charge
of and responsible for the conduct of the business of the company shall be
deemed to be liable to punishment. However, the person in charge of responsible
for the conduct of business of the company is no held liable if he proves:
· That the offence was committed without his knowledge,· That he exercised all due diligence/ care to prevent the commission of such offence.· In Suo Motu v. Vatva Industries Asson, it was held that the pollution control board and its officers are free and competent to take action against any person on violating any provisions of the environmental laws. They need not wait for any direction of the court for taking action under the law.
MISCELLANEOUS: (chapter IV, section
18-26)
In this
chapter miscellaneous topics are mentioned and elaborated between 18 & 26
sections. No suit, prosecution or any other legal proceedings shall be
initiated against govt or its employee with respect of anything which is done
in good faith in the persuanc3e of this act. No civil court shall have
jurisdiction to entertain any suit or proceedings in respect of anything done
or action taken or any direction issued by the central govt under this act.
Who can make the
Complaint?
A complaint under this
act can be made by:
a) The central govt. or any other authority by that govt. Or,
b) Any person who has given notice of not less than60 days of
the alleged offence and of his intention to make complaint to the Central Govt.
or the authorized officer.
In conclusion,
environment pollution is affecting not only individual but also entire countries
all over the world. 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. Management of environment means the proper utilization, conservation
preservation, control and recycling of the resources for maintaining a balanced
ecosystems. The main focus of environment management is, thus, to avoid the
over-use, misuse and abuse of the natural resources. The effective
environmental management is the optimum allocation of finite resources among
the various possible uses and it has to be based on scientific and
technological approach which takes full note of socioeconomic parameters and
compulsions. Environmental management is
an interdisciplinary approach to resource conservation and it acts as a
regulatory force on human wantonness in resource wasting. In India the Twelfth
Five Year Plan has emphasized the need for sound environmental management which
includes environmental planning, protection, monitoring, assessment, research,
education, and conservation as major guiding factors for national development.
Environmental pollution is a world-wide phenomenon; therefore, there is a need
to have a coordinated administrative structure from international level to
national levels so that the environmental problems may be tackled in a
coordinated and co-operative way. India
is a “soft State” . It has excellent environmental laws, but politics and/or
corruption prevent their effective implementation. The result has been
disastrous for our environment and hence for the economy too, as we are now
seeing.
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