ENVIORNMENT PROTECTION ACT 1986
ENVIORNMENT PROTECTION ACT
(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, or example, Handling and Management of
HazardousWaste Rules in 1989.
INTRODUCTION:
The decline in environmental quality has been evidenced by
increasing pollution, loss of vegetal power and biological diversity,
excessive concentration of harmful chemicals in 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 environment 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 relating to
I ) Preliminary,
ii) General Powers of the Central Government,
iii) Prevention, Control, and Abatement of Environmental
Pollution,
iv) Miscellaneous.
CONCLUSION
In conclusion, environment pollution are 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 and misuse 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.
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
