Environment (Protection) Act,1986

The Environment Protection Act, 1986 (EPA, 1986) is an umbrella legislation under which various rules
and notifications have been framed and issued to take care of the different dimensions of environmental
challenges.

Environment Protection Act, 1986: Historical Background

• Prior to the enactment of the Environment Protection Act, 1986 (EPA, 1986), there existed many
laws in silos like The Indian Penal Code, The Criminal Procedure Code, The Factories Act, The
Indian Forest Act, The Merchant Shipping Act, etc to deal with environmental concern.

However, they lacked a focused approach.

• After the Stockholm Conference on Human Environment in June 1972, it was deemed necessary
to have uniform laws all over the country for broad environmental problems endangering the health
and safety of our people as well as of our flora and fauna.

• India is the first country which has made provisions for the protection and improvement of the
environment in its Constitution.

o The 42nd Constitutional Amendment Act, 1976 inserted a new DPSP under Article 48-A,
which enjoins the State to make endeavors for protection and improvement of the
environment and for safeguarding the forest and wildlife of the country.

o The 42nd Constitutional Amendment Act, 1976 also inserted a new Fundamental
Duty under Article 51-A (g), which stipulates that it shall be the duty of every citizen of
India ‘to protect and improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures’.

• The Water (Prevention and Control of Pollution) Act and the Air (Prevention and Control of
Pollution) Act (both came into force before EPA 1986) were designed to deal with only water and
air pollution problems.

• It was in the year 1986 that the Parliament enacted a comprehensive or umbrella legislation – the
Environment (Protection) Act, 1986 – for environment in its entirety.

Scope and Applicability

The Environment (Protection) Act is applicable to the whole of India including Jammu & Kashmir.
It came into force on November 19, 1986. Definitions Section 2 of the EPA deals with definitions. Some
important definitions provided in the Section are:

• Section 2 (a) “Environment” includes water, air, and land and the interrelationship that exists among
and between water, air and land and human beings, other living creatures, plants, micro-organism
and property. This definition is not exhaustive but an inclusive one.
• 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.
 • Section 2 (c) “Environmental Pollution” means the presence in the environment of any
environmental pollutant. This implies an imbalance in the 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.
• Section 2 (e) “Hazardous Substance” means any substance or preparation which, by reasons of its
chemical or Physico-chemical properties or handling, is liable to cause harm to human beings, other
living creatures, plants, micro-organism, property or environment.

Objectives of Environment Protection Act, 1986

• Creation of authorities with adequate powers for environmental protection

• Co-ordination of the activities of the various regulatory agencies

• Regulation of discharge of environmental pollutants and handling of hazardous substances

• Speedy response in the event of accidents threatening the environment and Provision for deterrent
punishments

Features of Environment Protection Act, 1986

• The act empowers the central Government with all the power to take all such measures as it deems
necessary or expedient for the purpose of:

o protecting and improving the quality of the environment and

o preventing controlling and abating environmental pollution, which includes setting new
national standards for the quality of the environment (ambient standards) as well as
standards for controlling emissions and effluent discharges;

o regulating industrial locations,

o prescribing procedures for managing hazardous substances;

o establishing safeguards to prevent accidents and collecting and dismantling information

• The responsibility for implementation of provisions of the Environment (Protection) Act has to a
large extent, been entrusted to the same regulatory agencies created under the Water (Prevention
and Control of Pollution) Act, 1974.

o Other agencies besides the Central and State Governments are also entrusted with the
responsibility of implementing specific provisions of this Act and the Rules made there
depending on their operational requirements.

• Under the act, the Central Government was also empowered including the power of entry for
examination, testing of equipment and other purposes and power to analyze the sample of air, water,
soil or any other substance from any place.
 • There is also a specific prohibition on handling hazardous substances except those in compliance
with regulatory standards and procedures.

• The act also provides for penalties for violating the provisions of the act. Any person who fails to
comply with the Act shall be punished with a prison term of up to five years or fine up to Rs. 1
lakh, or both.

• The act also has innovative provisions for its enforcement, which was not present in any other
pollution control legislation at that time.

o It provides that in addition to authorised Government officials, any person may file a
complaint with a court, alleging an offence under the Act.

• Every rule made under this Act shall be laid, as soon as may be after it is made, before each House
of Parliament.

Protection of Coastline of India

In Indian Council for Enviro-Legal Action v Union of India (1996 AIR 1446), the Supreme Court in regard
to the 600 km long coastline emphasized that it would be the duty and responsibility of the coastal states
and Union Territories in which the stretch exists, to see that the notifications issued, declaring the coastal
stretches should be properly and duly implemented. Further, the various restrictions on the setting up and
expansion of industries, operation or process, etc. in the regulation Zone should be strictly enforced. In the
same case, the court enunciated the principle further that the polluter pays. Once the activity carried on is
hazardous or inherently dangerous, the person carrying on such activity is liable to make good the loss
caused to any other person irrespective of the fact whether he took reasonable care while carrying on his
activity. Under this principle, it is not the role of the Government to meet the costs involved in either
prevention of such damage or in carrying out remedial action, because the effect of this would be to shift
the financial burden of the pollution incident on the taxpayer. The responsibility of repairing the damage is
that of the offending industry.

Effectiveness of Environment Protection Act, 1986

• The Act gives the central Government a sweeping power to conserve the environment. But today
we see our rivers turned into open sewers in many places and air is badly polluted which shows
that there are many issues with the Act.

• The Act provides for the collection and dissemination of information regarding environmental
pollution, which the Government has failed to do so. In its absence, a community may not be aware
that a potentially hazardous operation is situated in its midst.

• Further, the Act gives the public significant powers to enforce the Act, but only Government
officials are given the power under the Act to collect samples needed as evidence of violation of
the Act.

• All the issues like the comparative late rollout of better emission control norms for fuels, failure to
develop a mass transport system, failure to control river pollution, Inefficient and insufficient
effluent treatment plants etc., among others, have led to the present situation.
Environment (Protection) Amendment Rules, 2021

MoEF has proposed amendments in the Environment Protection Act, 1986 (EPA 1986) to decriminalise
some provisions.

Present Clause in EPA, 1986

• The Environment Protection Act currently says that violators will be punishable with imprisonment
up to five years or with a fine up to Rs 1 lakh, or with both.

• Were violations to continue, an additional fine of up to Rs 5,000 would be levied for every day
during which such failure or contravention continues after the conviction.

• There’s also a provision to extend jail terms upto seven years.

Proposed Changes in Amendment Rules, 2021

• The clause provides for the replacement of imprisonment with one that only requires them to pay
a fine.

• The proposed fines, in lieu of imprisonment, are 5-500 times greater than those currently levied.

o In case of violations of the Act, the penalties could extend to anywhere from Rs 5 lakh to
Rs 5 crore.

• Serious violations, which lead to grievous injury or loss of life, shall be covered under the provision
of Indian Penal Code, 1860 read with Section 24 of EP Act.

• The removal of prison terms also applies to the Air Act and the Water Act.

• Appointing an “adjudication officer” who would decide on a penalty in cases of environmental

• Funds collected as penalties would be accrued in an “Environmental Protection Fund”.

Way Ahead

• Respective governments can further make new and improved guidelines and policies regarding the
implementation of environmental management systems.

• Governments can develop guidelines for companies regarding the process of environmental
protection management and reporting.

• Strict rules should be made regarding a person and company who does not follow guidelines
properly.

• Introducing and promoting the 3 R’s – Reduce, reuse, and recycle.