Explain the objects, reasons and background and salient features of the act and passing the

environment protection act, 1986. (2)

In the wake of the Bhopal gas tragedy, the Government of India enacted the Environment
(Protection) Act of 1986 (EPA) under Article 253 of the Constitution. The purpose of the Act is to
implement the decisions of the United Nations Conference on the Human Environment of 1972,
in so far as they relate to the protection and improvement of the human environment and the
prevention of hazards to human beings, other living creatures, plants and property.

The EPA is an umbrella' legislation designed to provide a framework for Central Government
coordination of the activities of various central and state authorities established under previous
laws, such as the Water Act and Air Act. It is also an 'enabling' law, which articulates the
essential legislative policy on environmental protection and delegates wide powers to the
executive to enable bureaucrats to frame necessary rules and regulations. Since the time it
entered the statute book, the Act has served to back a vast body of subordinate environmental
legislation in India.

Objectives

1. To put into action the major decisions made on environmental safety and protection at
the United Nations Conference on the Human Environment in Stockholm in June 1972.
2. To establish new authorities for the aim of protecting and developing the environment, as
well as to coordinate the actions of already established agencies established under
earlier laws.
3. To impose severe and deterrent punishment on those who damage the natural
environment's safety and health.
4. To promote the development of subordinate and delegated laws on environmentally
sensitive themes and environmental protection.
5. To encourage sustainable development, that is, to strike a balance between overall
development and environmental conservation.

Reasons

The need for stringent legislation for environment protection was felt in India because of the
following reasons:
1. The first was the Stockholm Conference which highlighted internationally, the impact
human activities were having on the environment. Development and the environment
were at crossroads with each other and the conference brought into focus the urgency of
their reconciliation for the benefit of humanity and the planet as a whole.

2. The second was the Bhopal Gas Tragedy. It was about the leak of Oleum gas from an
industry that proved to be fatal for the people around and the environment. This incident
underlined the importance of regulating the industries so that they do not get away easily
from the punishment of causing harm to the environment.
 3. Also, the need was felt because India had some laws for protecting the environment like
the Air Act and Water Act but there was no comprehensive law that connected them and
coordinated their activities and functions.

Why is EPA called an ‘Umbrella Act’?

1. It establishes the basic framework for planning and executing large-scale strategies to
protect and improve the overall environment, rather than focusing on specific aspects.
2. It provides for coordination between the Central government, state government, and
authorities that are established under various other legislation related to the
environment.
3. It fills the lacuna created by several other distinct legislation like the Water Act and Air
Act. It connects them together and makes them more effective.
4. It is broad and comprehensive legislation that covers the definitions, powers, and
responsibilities of the central government towards the environment, and penal provisions
as well.

Salient features

1. Important definitions

(i) Sec 2(a): "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,
micro-organism and property;

(ii) Sec 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) Sec 2(c) "environmental pollution" means the presence in the environment of any
environmental pollutant;

(iv) Sec 2(e) "hazardous substance" means any substance or preparation which, by reason of
its chemical or physico-chemical properties or handling, is liable to cause harm to human
beings, other living creatures, plant, micro-organism, property or the environment;

In the Hospital Mazdoor Sabha case, it was held that the definition is inclusive. It is to be
interpreted in broad and not in a narrow sense. The word "include"may be taken in the sense of
"means”.

2. Powers and functions of the Central Government

(i) Section 3- Powers of the Central Government to take measures to protect and improve
the environment.
Section 3 empowers the Central Government to take all such measures as it deems necessary
or expedient to protect and improve the quality of the environment, and to prevent, control, and
abate environmental pollution. Some of these measures include:

1. To coordinate actions among state governments, officers, and other authorities.

2. To lay down standards for the quality of different aspects of the environment.
3. To lay down the standards for emission or discharge of pollutants.
4. To restrict the operation of certain industries, processes, or operations in specific areas.
5. To lay down procedures and safeguards for the prevention of pollution-causing accidents
and take remedial measures.

(ii) Section 4 - Power to appoint officers

Section 4 authorizes the Central Government to appoint officers with such designations, powers,
and functions as it thinks fit. The officers appointed shall be under the control and direction of
the government or any authority empowered by it.

(iii) Section 5- Power to give directions

As per Section 5, the Central Government has got the power to issue directions in writing to
any person, officer, or any authority, which shall be binding on such person, officer, or authority.

These directions could be related to matters as follows:

● To close, prohibit, or regulate any industry, operation, or process; or
● To stop or regulate the supply of electricity, water, or any other service.

(iv) Section 6- Power to lay down rules to regulate environmental pollution

(v) Section 10- Power of entry and inspection
(vi) Section 25- Power to make rules

3. Prevention, control, and abatement of environmental pollution

(i) Section 7- Emission or discharge of environmental pollutants in excess of the

standards
According to Section 7, it is prohibited for any person to discharge or emit any environmental
pollutant in excess of the prescribed standards from any industry, operation, or process.

(ii) Section 8- Handling of hazardous substances

Section 8 lays down that all the persons handling any hazardous substances shall do so by
complying with all the procedures and safeguards as may be prescribed.

4. Sample analysis

Section 12- Environmental laboratories

The Central Government is empowered to establish one or more environmental laboratories, or
recognise any laboratory as an environmental laboratory to carry out the functions assigned
under this Act. Rules regarding the functions, procedures, and other matters related to the
environmental laboratory are to be framed by the Central Government by Notification in the
Official Gazette.

5. Penal provisions under the Environment Protection Act

(i) Section 15- General offences

Section 15 prescribes the penalty for general offences committed under this Act. if any person
fails to comply with or contravenes any provisions of this Act, or rules made or orders or
directions issued, he would be punishable with imprisonment for a term which may extend to
five years or with a fine up to Rs. 1 Lakh, or with both.

If the failure or contravention continues, then an additional fine which may extend to Rs. 5000
may be laid for every day the failure or contravention continues. And if this failure or
contravention extends beyond one year after the date of convection, then the imprisonment can
extend upto seven years.

(ii) Section 16- Offences by companies

(1) For an offence committed by a company, Section 16 holds responsible the person who
at the time the offence was committed was in charge of and responsible for the
conduct of the company as well as the company.

However, iif he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence, he will not be held
liable.

(2) However, if it proved that the offence was committed with the consent, connivance, or
negligence of any director, manager, secretary, or another officer, then such person shall
be liable to be proceeded against.

It is also specified that ‘company’ includes any body corporate, a firm, or any other association
of individuals. The word ‘director’ also means ‘partner’ in relation to a firm.

(iii) Section 17- Offences by government departments

Section 17 lays down that for an offence committed by a government department, the Head of
the Department shall be held responsible unless he proves that the offence was committed
without his knowledge or that due diligence was exercised. However, if it is proved that the
offence has been committed with the consent, connivance, or neglect of any officer other than
tthe Head of the Department, then that officer shall be proceeded against and punished
accordingly.
6. Bodies Related to Environment (Protection) Act

(i) National Environment Appellate Authority (NEAA)

The Central Government formed it under the National Environment Appellate Authority Act of
1997. Under EPA, the NEAA was formed to hear appeals on the restriction of areas in which
certain industries, activities, or operations shall be/must not be carried out subject to specified
safeguards.

(ii) National Green Tribunal (NGT)

The NEEA (together with the National Environment Tribunal) was determined to be insufficient,
resulting in a need for a new organisation to handle environmental disputes more efficiently and
effectively.

As a result, the National Green Tribunal (NGT) was formed in 2010 under the National Green
Tribunal Act 2010 for the effective and timely resolution of environmental protection matters.
In addition to EPA, the NGT hears civil disputes under six additional statutes.

Important case laws regarding the Environment Protection Act

1. Vellore Citizens’ Welfare Forum v. Union of India (1996)

Facts

River Palar is a river in the State of Tamil Nadu, which is also one of the main sources of
drinking and bathing water for the surrounding people. The petition was filed against excessive
pollution caused by tanneries and other industries in the State. The Tamil Nadu Agricultural
University Research Centre also revealed that a significant portion of agricultural land had
turned either partially or completely unsuitable for cultivation.

Issue

Should the tanneries and industries be allowed to operate at the expense of damage to the
surrounding environment?

Held

The Court highlighted that the main purpose of the Environment Protection Act is to create an
authority under Section 3(3) with all the necessary powers and functions to protect and improve
the environment. However, it was disappointing that not enough authorities were appointed for
the same.Thus, it directed the Central Government to appoint an authority within one month and
confer on it all the adequate powers required to deal with the situation created by tanneries and
other polluting industries in Tamil Nadu. It also directed the authority to implement the
‘precautionary principle’ and ‘polluter pays principle’. A fund called ‘Environment Protection
Fund’ was also to be constituted. The compensation received was to be employed for reversing
the damage done to the environment and to the victims of the damage.

2. M.C. Mehta v. Union of India (The Ganga Pollution Case) (1988)

Facts

Kanpur has been the hub of tannery business in India for a long time. Most of these industries
are located on the southern banks of the river Ganga. These industries have been known to
have contaminated the river. In 1985, a matchstick tossed into the river resulted in a massive
fire in the river because of the presence of a toxic layer of chemicals formed on its surface.
Thus, M.C. Mehta, a famous environment advocate, and an activist filed a petition in the
Supreme Court against the tanneries and also the Municipal Corporation of Kanpur to stop them
from discharging untreated effluents into the river, polluting it.

Issues involved

1. Whether the authorities had been negligent in protecting the river Ganga from pollution?
2. Should the smaller industries be aided financially for the installation of treatment plants
and what standards should determine ‘smaller industries’?

Held

The Court held that there were several laws in force in India that sought to prevent environment
pollution including the Environment Protection Act, 1986, and the Water (Prevention and Control
of Pollution) Act, 1974. However, the authorities had been negligent in discharging their duties
prescribed under these laws. It also observed that the financial capabilities of industries are
irrelevant when considering the issue of installing primary treatment plants. Thus, each tannery
was directed to at least install primary treatment plants, if not secondary plants.

The Court also laid down the following guidelines:

1. It was the duty of the Central Government to direct all the educational institutions across
India to teach lessons on environment protection and improvement, at least for an hour
every week.
2. Also, the Central Government must publish environment textbooks and distribute them
among the students.

Extra - go through
Drawbacks/ limitations of the EPA

1. Complete Centralization of the Act: One possible disadvantage of the Act is its
centralization. While the Centre is given broad powers, the state governments are given
none, the former is prone to arbitrariness and abuse.
 2. No Public Engagement: The Act likewise makes no mention of public participation in
environmental protection. Citizens must be involved in environmental preservation to
counteract arbitrariness and promote understanding and empathy for the environment.
3. Inadequate Pollutant Coverage: The Act does not address current concepts of
pollution such as noise, overcrowded transportation systems, and radiation waves, all of
which contribute to the deterioration of the environment.
4. Conflicting jurisdiction– Section 24 talks about the overriding effect of this Act. It
mentions that if an offence is punishable by both this Act and some other legislation,
then the offender is to be punished under the other law and not this. This provision
lessens the effectiveness of this Act as an offender can easily flout the rules and protect
himself from the penalty, prescribed under this Act.
5. Flexible penalty– The penal provisions prescribed under the Act are not adequately
stringent and deterrent. In most of the provisions, there is no minimum penalty provided.
Also, the offenders have been provided with a room to escape liability by proving things
like the offence was committed without knowledge or that due diligence was exercised.
6. Weak citizens’ suit provision- Common citizens are not allowed to file a suit against
the environmental offenders unless 60 days prior notice is given. Those 60 days could
be easily utilised by the offender to wipe out the evidence of his fault. Only the central
government or its authorised officers or authorities can file a complaint under this Act. it
is important that citizens are given the right to file complaints in cases where they see
the environment is being harmed.

Benefits of the Environment Protection Act

The following are some of the benefits of having the Act:

1. Protection of public health– It seeks to prevent, control and abate environment

pollution so as to keep the environment clean and safe. This ensures that we get a
healthy environment to live in, free from all sorts of pollutants harmful to our health.
Thus, the Act aims to protect public health.
2. Promotes sustainable development– It seeks to prevent the exploitation of natural
resources and preserve them for future generations.
3. Positively empowers the central government to take concrete steps to protect the
environment– The Central Government has been given immense powers to not only
appoint authorities to carry out various functions but also to take all the possible
measures to further the objectives of the Act.
4. Strict penal provisions– The Act contains penal provisions for the breach of its
provisions. It also lays down the liability of companies and government departments for
polluting the environment.
5. Protecting ecological integrity– By providing for penal provisions and laying down
various guidelines for the Central Government to take active steps for environment
protection, the Act aims at preserving the ecological integrity by maintaining it in its
unpolluted and natural form.