The Environment Protection Act: An Overview

In 1986, the Environment (Protection) Act was passed with the purpose to ensure the conservation and quality enhancement of the environment, as well as for issues related thereto. It was passed under the terms of Article 253 of the Indian Constitution. However, the decision to include it in the statement on environmental quality was made during the Stockholm meeting of the United Nations Conference on the Human Environment in June 1972. Subsequently, the Indian government has taken serious concern of it and passed various legislation to conserve the environment.

What does Environment Protection Act Define?

Primarily, the Act defines the meaning of the environment and its pollutants and then suggests the preventive measures, that should be taken by the respective authority. It defines and restricts the use of hazardous substances. Likewise, the Act is legislated to implement the United Nations Conference’s decisions taken on the human environment. They define the protection and improvement of the human environment and the prevention of the use of hazardous substances that may potentially damage the environment and also negatively affect human beings and other living creatures, including plants, and animals.

The Act is an “umbrella” term that covers a wide area by creating a framework for the environmental regulation regime in India. So, it covers various aspects of environmental legislation including all major industrial and infrastructure activities and prohibits and regulates specific activities in coastal areas and eco−sensitive areas. The Act also provides for coordination of the activities of various central and state authorities established under other environment−related laws, such as the Water Act and the Air Act.

The Objective of the Act

Major objectives of the Act include −

• The establishment of a government agency to control industry, with the ability to give direct instructions, including closure orders.

• Coordinating the actions of many organizations that are compliant with the law.

• Enacting routine legislation to safeguard the environment.

• Imposing fine and punishment person who jeopardize public safety, health, and the environment. A five−year maximum prison sentence, a fine of up to one lakh rupees, or both, may be imposed for each failure or violation. This can be increased for up to seven years in some circumstances.

• Promoting sustainable environmental development.

Features of the Act

The Environmental Protection Act consists of the following features −

• It creates and implements a national program for preventing, reducing, and controlling environmental pollution.

• It sets criteria for the environment’s quality in all of its manifestations.

• It sets regulations for the emission or discharge of contaminants into the environment from different sources.

• No person or organisation shall release any environmental pollutants in excess of the permitted limits, nor shall they permit others to release such pollutants.

• If a firm violates this Act, everyone who was directly in charge of the company at the time of the violation is presumed to be guilty until proven innocent.

The Importance of the Act

The importance of the Environment Protection Act

It includes −

• In order to maintain a clean and safe environment, it works to prevent, control, and reduce environmental contamination. This guarantees that we have a clean environment to live in that is free of all contaminants that are bad for our health. As a result, the Act attempts to safeguard public health.

• It aims to stop the overuse of natural resources and protect them for upcoming generations.

• Penalties are specified in the Act for violations of its rules. It also establishes the responsibility of businesses and government agencies for environmental pollution.

• The Central Government has been given enormous authority to not only designate individuals to carry out certain tasks but also to take any other actions necessary to achieve the Act's goals.

What makes the Environmental Protection Act an "Umbrella Act"?

Following are the major reasons −

• Instead of concentrating on particular areas, it offers the fundamental foundation for developing and implementing extensive policies to safeguard and enhance the environment as a whole.

• It enables collaboration between the federal government, state governments, and entities established in accordance with other environmental laws.

• It covers the gap left by a number of other unique pieces of legislation, such as the Water Act and Air Act. It ties them together and increases their efficiency.

• It is a large and comprehensive piece of legislation that encompasses punitive provisions as well as the definitions, authorities, and duties of the federal government with regard to the environment.

The Provision of the Act

Major provisions are −

• It is authorized by law to coordinate and carry out national programs and initiatives that promote environmental protection.

• It may impose requirements for environmental quality, particularly those that address the release or emission of contaminants.

• The location of industries may be shift by this law.

• The law gives authority the right to enter any location for inspection, equipment testing, and other purposes, as well as the right to collect samples of any substance from any location for analysis.

• The release of environmental contaminants in excess of established regulatory requirements is expressly prohibited by the EPA.

• Besides, there is a special regulation in place that forbids handling hazardous substances unless it complies with regulatory criteria.

• Last but not the least, the Act encourages to anyone who isn’t a designated government official the authority to complain to a court about any violation of the Act’s rules.

Criticism of the Act

The Act’s centralization could be a disadvantage. While the Center is granted such broad powers and the state governments are not, the former is subject to its arbitrary use and abuse.

Furthermore, the Act makes no mention of citizen involvement in environmental protection. To prevent arbitrary decisions, increase understanding of the environment, and foster empathy for the environment, it is important to involve citizens in environmental protection.

The Act ignores contemporary concepts of pollution, including noise, a congested transportation system, and radiation waves, which are also potential contributors to the decline of environment’s quality.

Conclusion

The provisions of the Environment (Protection) Act, 1986 represent a significant advancement in the preservation and enhancement of the environment. It has established some strict rules for the prevention, control, and reduction of environmental pollution. To advance the goals of this Act, the central government has been granted a broad range of powers to create regulations and name authorities. The Act has aided in the introduction of numerous notifications for environmental protection, including the Environment Impact Assessment, which introduced new protective principles. By calling out the polluting companies under the EPA, it has also given the public the power to take an active role in environmental protection, which has resulted in a number of environmentally sound judicial decisions. However, there are still some gaps in the Act that must be filled with later changes in order to bring it up to date with the times. 

Frequently Asked Question

Q. What are the key clauses of the 1986 Environment Protection Act?

The Act addresses noise, air, water, and soil pollution. Due to the presence of numerous pollutants in the environment, it offers safe guidelines. It forbids the use of dangerous materials unless prior authorization from the central government has been obtained.

Q. What is the purpose of the 1986 Environmental Protection Act?

EPA’s mission is to safeguard and enhance the environment and its circumstances. Additionally, it puts into practice the agreements reached at the 1972 Stockholm UN Conference on the Human Environment. should punish individuals who endanger the environment harshly.