ENVIRONMENT (PROTECTION) ACT, 1986

I. INTRODUCTION

The Environment (Protection) Act, 1986 (EPA) is the most comprehensive environmental legislation in
India. It was enacted as an umbrella law that empowers the central government to take all necessary
measures to protect and improve the environment and prevent, control, and abate environmental pollution.

This Act was passed in response to the Bhopal Gas Tragedy (1984) and to fulfill India’s commitment under
the Stockholm Declaration, 1972. It provides a framework for the coordination of the activities of various
central and state authorities established under earlier environmental laws.

II. OBJECTIVES OF THE ACT

1) To implement decisions made at the United Nations Conference on the Human Environment (1972).
2) To provide for the protection and improvement of the environment.
3) To establish a framework for the coordination of central and state authorities under existing laws.
4) To empower the central government to lay down standards and procedures for pollution control.
5) To regulate the handling of hazardous substances and ensure public safety.

III. IMPORTANT DEFINITIONS [SECTION 2]

Environment: Includes water, air, land, and their inter-relationships with human beings, animals, plants,
microorganisms, and property.

Environmental pollutant: Any solid, liquid, or gaseous substance present in such concentration as may be
injurious to the environment.

Environmental pollution: The presence of any pollutant in the environment.

Hazardous substance: Any material that can cause harm to humans, living creatures, plants, or property
due to its chemical or toxic nature.

IV. KEY PROVISIONS OF THE ACT

1. Powers of the Central Government [Section 3]

1. Coordinate actions of states and authorities.

2. Plan and execute nation-wide programs.
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3. Set environmental quality standards.
4. Restrict areas for industrial operations.
5. Establish procedures for handling hazardous substances.

2. Rule-making Powers [Section 6]

1) The government can make rules to regulate:

2) Discharge/emission of pollutants.
3) Handling of hazardous waste.
4) Site location for industries.
5) Environmental accident procedures.

3. Prohibition and Control of Pollution [Section 7]

No person shall discharge any environmental pollutant in excess of prescribed standards.

4. Prevention and Handling of Accidents [Section 9]

Mandatory reporting of accidental releases of pollutants and immediate action to mitigate effects.

5. Powers to Issue Directions [Section 5]

Government can issue binding directions, including closure, prohibition, or regulation of industries.

6. Penalties [Section 15]

1. Imprisonment up to 5 years and/or fine up to ₹1 lakh.

2. Additional fine of ₹5,000 per day for continuing violations.
3. If violations continue beyond one year, imprisonment can extend to 7 years.

V. NOTIFICATIONS AND RULES UNDER THE EPA

EIA Notification (1994, revised 2006): Mandatory environmental clearance for specified projects.

Coastal Regulation Zone (CRZ) Notification, 1991: Protection of coastal stretches.

Hazardous Waste Management Rules, 1989.

E-Waste Management Rules, 2016.

Plastic Waste Management Rules, 2016.

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Bio-Medical Waste Management Rules, 2016.

VI. INSTITUTIONAL MECHANISM

 Central Pollution Control Board (CPCB): Monitoring and implementation.

 State Pollution Control Boards (SPCBs): State-level monitoring and enforcement.
 MoEFCC: Ministry of Environment, Forest and Climate Change – the nodal agency.

VII. LANDMARK CASE LAWS UNDER THE ENVIRONMENT (PROTECTION) ACT

INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION V. UNION OF INDIA (1996) 3 SCC 212

Facts:
Chemical industries in Bichhri, Rajasthan were discharging hazardous waste into water bodies and soil
without adequate treatment, causing large-scale environmental damage.

Issues:
Whether the EPA can be used to enforce strict liability and environmental restoration from polluting
industries.

Judgment:
The Court invoked the EPA, 1986, and held that the industries were absolutely liable to pay for
environmental restoration. It reinforced that the polluter must bear the cost of remediation.

Doctrine Applied:
Polluter Pays Principle, Absolute Liability, Environmental Justice.

VELLORE CITIZENS’ WELFARE FORUM V. UNION OF INDIA (1996) 5 SCC 647

Facts:
Tanneries in Tamil Nadu were discharging untreated effluents into agricultural lands and water sources.

Issues:
Whether the EPA could be invoked to ensure that industries adopt treatment systems before discharge.

Judgment:
The Court directed closure of non-complying industries under powers granted by the EPA and upheld the
enforcement of environmental norms.

Doctrine Applied:
Sustainable Development, Precautionary Principle.
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M.C. MEHTA V. UNION OF INDIA (GANGA POLLUTION CASE), AIR 1988 SC 1037

Facts:
Industries were discharging pollutants directly into the Ganga without adequate treatment.

Issues:
Whether the state’s inaction and industries’ pollution violated Article 21 and the EPA, 1986.

Judgment:
The Supreme Court invoked the EPA to order closure or relocation of industries causing water pollution and
directed the government to strictly implement environmental laws.

Doctrine Applied:
Right to Life under Article 21, Public Trust Doctrine, EPA Compliance.

VIII. ENVIRONMENTAL PRINCIPLES ENFORCED THROUGH EPA

Polluter Pays Principle – Codified through Section 3 and judicial interpretation.

Precautionary Principle – Used by the courts to preempt environmental harm.

Sustainable Development – Balancing ecological concerns with developmental needs.

Public Trust Doctrine – State is the trustee of all natural resources for the people.

IX. IMPORTANCE AND IMPACT OF THE ACT

1. Provides a comprehensive legal framework for environment regulation.

2. Acts as the parent legislation for over 200 subordinate laws and notifications.
3. Empowers central authorities to take swift action against polluters.
4. Enabled the formulation of key rules on air, water, waste, and biodiversity.

X. CHALLENGES IN ENFORCEMENT

 Implementation gaps due to administrative inaction.

 Limited manpower and technical capacity in SPCBs.
 Industrial non-compliance and corruption.
 Overlapping jurisdictions between multiple laws and agencies.