2. INTRODUCTION:
• The Environment Protection Act was enacted in 1986.
• Objective: The main objective is to provide protection and
improvement to the environment.
• The act authorizes the Central Government to protect and
improve environmental quality, control and reduce pollution from
all sources, and prohibit or restrict the setting or operation of any
industrial facility on environmental grounds.
• The act was last amended in 1991.
• The EP Act1986 is also known as umbrella act.
3. What is an Umbrella Act?
• Environmental protection act 1986 is also the Umbrella act
because it provides the framework to the central government
in order to make the coordination between different state as
well as the central authorities using different act like water act
etc. The purpose is to control the pollution from the all sources
so that the quality of environment can be improved . Act like
water act , air act and act relating to biological diversity is
used to improve the quality. As we are becoming more modern
and industrial day by day we are constantly harming and
polluting our mother nature. To prevent this pollution and
ensure a bright and healthy future the Indian government has
initiated and regulated many acts and laws to ensure the
proper preservation of our environment.
4. WHY THIS ACT ?
• In the year 1984, a destructive incident
shook the entire nation. A gas{methyl
isocyanate} leak incident on a December
night at UCIL pesticide plant in Bhopal took
the lives of nearly four thousand people.
• In the wake of this disastrous tragedy, the
Government of India authorized the
Environment Protection Act of 1986 under
Article 253 of the Constitution. The act got
passed in March 1986 and on 19
November 1986 came into force.
• The Bhopal Gas tragedy, which occurred on
3rd December 1984, precipitated the
tightening of environmental law. In 1985,
the Department of Environment (DOE) was
transformed into the Ministry of
Environment and Forests (MoEF) with
greater powers.
This Photo by Unknown Author is licensed under CC BY-SA-NC
5. Importance of the Environment Protection
Act 1986
• The purpose and importance of the environmental protection act 1986 is to
bolster and encourage the administration, security, upgrade and enlightened
utilization of the earth.
• The Act talks about recognizing the following factors:
1) Forestalling, relieving and remediating natural effects are significant in
making recommendations and taking actions.
2) Financially or by any other means, every person is responsible for any
impacts on nature because of their activities or inaction.
3)Adaptive, responsive, reasonable, timely and effective, these are some of the
qualities which must be present in administrative, management and
administrative procedures.
4)The reason for the enforcement of the Act was to execute the choices of the
United Nations Conference on the Human Environment. They identify with the
security and improvement of the human condition and the counteraction of
threats to individuals, other living animals, plants and property.
6. Chapter and Sections
• The Act consists of four chapters and 26 sections. Let’s have look at it.
• Chapter 1- Preliminary
• This chapter consists of two sections which are section 1 and 2. In
section 1, the short title, the extension of the act and the
commencement dates are mentioned. It is mentioned that the Act is
applicable all over India.
• In section 2, definitions of various terms mentioned in the Act is
explained. Those terms are:
Environment
Environmental pollutant
Environmental pollution
Handling
Hazardous substance
7. Chapter 2 – General Powers of the Central
Government
• Under this chapter comes 4 sections.
Section Provisions
3 The power of the Central Government to
take environment security and
improvement measures.
4 Appointment, powers and functions of
officers.
5 Power or rights to give directions.
6 Environmental pollution regulating rules.
8. Chapter 3 – Prevention, Control and
Abatement of Environmental Pollution
• There are 11 sections under this chapter.
Sections Provisions
7 No person engaged in industrial or
operation activities is allowed to discharge
or allow emission of any environmental
pollutants in excess of the standard.
8 No one should handle or handle any
dangerous substance that doesn’t comply
with procedural safeguards.
9 Presenting data to specialists and offices
in specific cases.
10 Right or power of entry and exploration.
9. 11 Power to take samples of air, water, soil etc
for critical analysis and process to be followed
in connection with that.
12 Establishing, recognizing, specifying the
functions, procedure and other necessary
matters to enable environmental laboratories.
13 Appointment or recognition of Government
analysts.
14 Reports signed by Government Analysts.
15 Punishment for repudiation of the provisions
of the Act and the guidelines, orders and
bearings.
16 Misdeeds of companies.
17 Misdeeds of Government departments.
10. Chapter 4 – Miscellaneous
• There are 9 sections under this chapter.
Sections Provisions
18 Protection of any act done or intended to
be done in good faith from prosecution or
other legal proceedings.
19 Protection against cognizance of offences
under this Act except complained by the
Central Government or any person who
has given 60 days or more notice as
prescribed.
20 Furnishing of data, reports or returns.
21 Members, officers and employees of the
authority constituted under section 3 to
be public servants.
22 Bar of jurisdiction
11. 23 Power to delegate.
24 Consequences of other laws.
25 Power to make ordinances.
26 Rules of environment protection act
should be laid before each House of
Parliament.
12. Landmark cases made under it:
• Some of the landmark cases under the Environment (Protection) Act,
1986 can be specified as under:
• M.C. Mehta v Union of India, AIR 1997 SC 734 (Taj Trapezium Case)
> This is the Taj Trapezium case. It arose out of a writ petition filed
before the Supreme Court, regarding the yellow color of the marble of the
Taj Mahal caused due to air pollutants and industrial emissions in the area.
The Supreme Court relied on its previous judgment in Vellore Citizens
Welfare Forum v Union of India. The Apex Court gave several directions
banning the use of coal and cake in the Taj Trapezium. It also encouraged
the use of Compressed Natural Gas (CNG).
13. .
2]Indian Council for Enviro-Legal Action v Union of India, AIR 1996 SC
1446:
> The Supreme Court, in this case, put to use the “Polluter-Pays”
principle which means that those who pollute must pay the costs of
preventing and repairing the damage due to the pollution that was caused
by them. The Court gave directions to the Central Government to recover
the amount from the defaulters in the case.
3]Tarun Bharat Sangh v Union of India, AIR 1992 SC 514:
> In this case, the Supreme Court banned the mining activities
undertaken inside the Sariska Wildlife Sanctuary, as they went against a
notification issued by the Central Government under Section 3 of the
Environment (Protection) Act, 1986.
14. Main Aims and Objectives of the
Environment Protection Act
• Implementation of the decisions made in June 1972 at Stockholm at the
United Nation Conference on the Human Environment.
• Government protection authority creation.
• Forming coordination of activities of different agencies which are operating
under the existing law.
• Enacting regular laws for environmental protection which have the
probability of being unfolded in areas of severe environmental threats.
• Providing punishment to those promoting endangerment to the human
environment, safety and health.
• Sustainable development of the environment.
• Achieving the purpose of the Act and protection of life under Article 21 of
the Indian Constitution.
15. Drawbacks of the Environmental
Protection Act 1986
• India’s forest cover is shrinking at a rapid rate. As forest plays a vital role in
the resources of the nation, it gets exploited by villagers in need to fuel
corrupt officials, greedy forest contractors etc.
• A well-meant yet strict forest bill failed to get people’s support. The main
two reasons behind the failure of the forest bill were that it prohibited the
usage of any of the products of forests by the tribals. The products included
leaves, fruits etc. Another reason for the disappointment was that this bill
changed forest officers into judges and executioners simultaneously.
• The shortfall of required technical skills/ knowledge as needed for
enforcement of regulation.
• Aversion to change/ attitudinal difficulties.
• One of the major drawbacks of environmental protection act 1986 is the
limitation is financial facilities. Enough resources of money are needed to
implement the bare act.
16. CONCLUSION
This Environment Conservation Act plays an
important role in maintaining a balance between
the needs and availability of the natural resources in
India. Nowadays when the world is suffering from
deadly threats like global warming, more Acts like
this should be enforced. Even though there are
many drawbacks of the Environmental Protection
Act 1986, there are ample of advantages too.
