Environment Protection Act


Introduction

The Environment Protection Act (EPA) was enacted by the government of India in 1986. The aim and objective of this act are to conserve, protect and improve the environment. As the environment degrades due to pollution and human interference, the act intends to limit them by the application of pollution control and other environmental protection measures.

The EPA is one of the most important acts passed by the government to contain the destruction of the ecosystems in India. The law encompasses various measures to stop pollution, offers authoritative significance to check the destruction of the environment, and offers solutions to environmental destruction measures.

The EPA intends to protect forests wildlife, lakes, and other such factors that are part of the environment. It is notable that before this law, there was no law attached to the protection and improvement of the environment that contained wildlife and forests as the center stage of the act.

The EPA was, therefore, the first such amendment related to the protection of the environment. The original constitution of India in general did not contain any action to preserve the environment, and so it may be considered the only one that aimed to do so.

Environmental Protection Act (EPA)

India’s original constitution had no mention of the protection and conservation of the natural environment. However, the 42nd amendment of the institution added Fundamental duties attached to the protection of the environment, including wildlife lakes, forests, flora, and fauna as part of the duties of the citizens of India.

The Directive Principle of State Policy added in the amendment ordered the states to take measures to protect the environment on a larger scale. The directive was part of article 48A which also implemented measures to save wildlife and forests.

The Indian government enacted the Wildlife Protection Act in 1972 after the United Nations Conference on Human Environment. After this, the Water Act of Prevention and Control of Pollution Act was enacted in 1974. The Air Act for Prevention and Control of Pollution was enacted thereafter in 1981. After the Bhopal Gas Tragedy in 1984, the EPA was enacted by the government in 1986.

Main Objectives of the EPA

The major aims and objectives of the EPA enacted in 1986 are -

  • Implementing the changes and decisions taken by the United Nations Conference on Human Environment that was held in Stockholm.

  • Creating an authoritative body that works with the government to regulate the environmental protections resolutions made by the government. This is an important objective because without an authoritative body, the EPA cannot be applied in the field generally.

  • Coordination among various agencies and activities to bring about a real change in the environment, especially where the environmental protection laws are violated or where the condition of the environment is compromised.

  • Reviewing and enacting new laws to safeguard the environment. This is an important objective because the nature of environmental conditions is ever changing and new laws must be established where there is a necessity for safeguarding the environment.

  • Imposing penalties and punishments for the persons who violate the law and endanger the environment, safety, and health. The punishment may include a jail term of five years or a fine up to 1 lakh or both. The monetary punishment may be increased to seven lakhs in some cases.

  • Engaging the development in a sustainable mode to bring a realizable change in the field. This may include engaging agencies and humans to protect and upkeep the environmental goals.

  • Attaining the standards of the right to life section under Article 21 of the constitution.

Major Provisions of EPA

The EPA offers the central government the power to take all necessary steps that may be necessary to implement and upkeep the act intact.

Conducting and Executing Programs

The government can conduct and execute programs on a national scale to improve and widen the aspects of environmental protection of wildlife, forests, water, and air, etc. This may also be done to educate citizens about the necessity of the protection of the environment.

Mandating Quality Standards

The government can mandate environmental quality standards related especially to pollutants and hazardous chemicals. The government can remove vehicles or take away the licenses of industries that do not follow the pollution norms under this step.

Restricting Industry Establishment

Under this power, the central government can restrict industries from being established at certain locations. This is usually done to protect the environment from pollution and hazardous chemicals that may affect wildlife and animals in a nearby location.

Examination and testing

The law empowers the government to examine and test vehicles, industries and other entities to check whether they conform to the needed standards. The government may also test air, water, or soil at a place it deems necessary for the protection and safekeeping of forests, wildlife, and other associated entities.

Barring the industries and vehicles from emitting pollutants

The government may bar industries and vehicles from emitting polluting that are in excess to the prescribed standards. This is done to keep pollution levels under control.

Handling Hazardous substances

The EPA offers the government some special powers to handle the emission of hazardous chemicals from industries and vehicles. The amount of hazardous chemicals emitted must be under regulatory standards.

Powers to public to complaint against violations

The EPA has a provision that allows any public apart from the government to file a complaint against any person violating the laws or going against the main rules of the EPA. These complaints may be filed in a court of law to get solutions quickly.

Key takeaways

  • The environment protection act was enacted by the government of India in 1986.

  • The EPA followed the enormous destruction of human lives in Bhopal Gas Tragedy that occurred in 1984 (2nd December).

  • The aims of EPA mainly include the protection of the environment so that biodiversity, and the balance of nature in terms of flora and fauna could be safeguarded.

  • The government maintains the EPA through officials and agencies spread across the country.

Conclusion

The EPA is an important rule of law that is meant to save the environment from degradation and destruction. The law empowers the government to take corrective measures and helps the environmental agencies to apply the law in the field. Therefore, the EPA may be considered an ideal solution that can be part of wildlife and forest protection that ultimately benefits the humans too.

FAQs

Qns 1. When was the Environment Protection Act Enacted? What are its main aims and objectives?

Ans. The EPA was enacted in 1986. The main aims and objectives of the EPA are tp protect and safeguard the environment and its parts such as forests and wildlife from degradation and destruction.

Qns 2. When did the Bhopal Gas Tragedy take place?

Ans. The Bhopal Gas Tragedy occurred on 2nd December, 1984.

Qns 3. Why was The EPA enacted?

Ans. The EPA was mainly enacted to follow the rules of the United Nations Conference on Human Environment.

Updated on: 04-Jan-2024

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