ENVIRONMENT PROTECTION ACT 1986

“It’s hard to ignore the increasing number of

catastrophic, climate-related events affecting
populations and geographies all over the world—from
wildfires to increased hurricane activity to droughts to
extreme winter storms,” .
A warming planet creates a wide range of risks for
businesses, from disrupted supply chains to rising
insurance costs to labor challenges. Climate change and
extreme weather events such as hurricanes, floods and
fires, for example, have a direct impact on 70% of all
economic sectors worldwide.
Climate-related events are already affecting more than 1
in 4 organizations worldwide, according to Deloitte
Global’s report. Public sector, consumer and life
sciences/healthcare industries are the most worried
about the business impacts of climate change, with over
80% of executives in these sectors expressing
apprehension about the planet’s future.
Here are the top five ways that climate change is
already impacting (or threatening to impact) companies
across the globe:
1. Operational impact: Nearly 3 in 10
organizations are noticing the operational
impacts of climate-related disasters, such as
facilities damage and workforce disruption.
2. Scarcity/cost of resources: Resources like
food, water and energy are at risk due to both
environmental and human causes, with the
energy and consumer industries reporting the
greatest impacts.
3. Regulatory/political uncertainty: Rounding
out the top three concerns, over a quarter of
executives say they are wary about shifting
regulatory and political environments. The
banking and life sciences/healthcare industries
overwhelmingly cited this as the issue
impacting their sustainability efforts the most.
 4. Increased insurance costs or lack of
insurance availability: Executives are very
aware of how climate-related events have, in
some cases, led to dramatic increases in
insurance costs.
5. Reputational damage: Environmental
sustainability efforts are becoming core tenets
of organizations’ culture and brand identity.
Environment (Protection) Act, 1986
▪ Overview: The Environment (Protection) Act (EPA) was
enacted in 1986 with the objective of providing the protection and
improvement of the environment.

o 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 country.
▪ Background: The roots of the enactment of the EPA lies in
the United Nations Conference on the Human
Environment held at Stockholm in June, 1972 (Stockholm
Conference), in which India participated, to take appropriate
steps for the improvement of the human environment.

o The Act implements the decisions made at the Stockholm

Conference.

Environment Protection Act (EPA)

▪ Constitutional Provisions:

o The EPA Act was enacted under Article 253 of the Indian
Constitution which provides for the enactment of legislation
for giving effect to international agreements.
 o Article 48A of the Constitution specifies that the State shall
endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.
o Article 51A further provides that every citizen shall protect
the environment.
▪ Coverage: The Act is applicable to the whole of India including
the state of Jammu & Kashmir.

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.
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 .
Aims and Objectives of the EPA
The chief aims and objectives of the Environment
Protection Act, 1986 are listed below.
1. Implementing the decisions made at the United
Nations Conference on Human Environment held
in Stockholm.
2. Creation of a government authority to regulate
industry that can issue direct orders including
closure orders.
3. Coordinating activities of different agencies that
are operating under the existing laws.
4. Enacting regular laws for the protection of the
environment.
5. 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.
6. Engaging in the sustainable development of the
environment.
7. 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.
▪ .
▪ Restriction on Pollutant Discharge: No individual or
organisation shall discharge/emit or permit to discharge/emit any
environmental pollutant in excess of the prescribed standards.
▪ Compliance with Procedural Safeguards: No individual shall
handle or shall be caused to handle any hazardous substance
except in accordance with the procedure and without complying
with the safeguards, as prescribed.
▪ Establishment of Environmental Laboratories: The Central
Government, as per the Act, is entitled to Establish environmental
laboratories.
Appointment of Government Analyst: A Government Analyst is
appointed by the Central Government for the analysing the samples
of air, water, soil or other substance sent to a recognised
environmental laboratory.
Offences by Companies: If an offence under this Act is committed
by a company, every person directly in charge of the company, at the
time of the commitment of offence, is deemed to be guilty unless
proven otherwise.
Offences by Government Departments: If an offence under this
Act has been committed by any Department of Government, the
Head of the Department (HoD) shall be deemed to be guilty of the
offence unless proven otherwise.

Cognizance of offences: No Court shall take cognizance of any

offence under this Act except on a complaint made by:

The Central Government or any authority on behalf of the former.

A person who has approached the Courts after a 60-day notice has
been furnished to the Central Government or the authority on its
behalf.
Drawbacks of the Act
▪ Complete Centralisation of the Act: A potential drawback of the
Act could be its centralization. While such wide powers are
provided to the Centre and no powers to the state governments,
the former is liable to its arbitrariness and misuse.
▪ No Public Participation: The Act also says nothing about public
participation as regards environmental protection.

▪ Incomplete Coverage of Pollutants: The Act does not address

modern concept of pollution such as noise, overburdened
transport system and radiation waves which are also an important
cause for the deteriorating environment.
National Environment Appellate Authority (NEAA) and National Green
Tribunal (NGT)

▪ It was established by the Central Government under the The

National Environment Appellate Authority Act, 1997.
▪ NEAA was established to hear appeals regarding the restriction
of areas in which any industries, processes or operations shall
be/shall not be carried out subject to certain safeguards under
the Environment (Protection) Act, 1986.
o As a result, the National Green Tribunal (NGT) was
established in 2010 under the National Green Tribunal Act
2010 for effective and expeditious disposal of cases relating
to environmental protection.