Environment Protection Act

1. Environment Protection
Act
1986
By Anusha Thakwani(01)

2. General Overview
 The Environment (Protection) Act, 1986 authorizes the central government to protect and improve
environmental quality, control and reduce pollution from all sources, and prohibit or restrict the
setting and /or operation of any industrial facility on environmental grounds. The Environment
(Protection) Act was enacted in 1986 with the objective of providing for the protection and
improvement of the environment. It empowers the Central Government to establish authorities
charged with the mandate of preventing environmental pollution in all its forms and to tackle
specific environmental problems that are peculiar to different parts of the country. The Act was
last amended in 1991.
 The Environment (Protection) Rules lay down procedures for setting standards of emission or
discharge of environmental pollutants.
 The objective of Hazardous Waste (Management and Handling) Rules, 1989 is to control the
generation, collection, treatment, import, storage, and handling of hazardous waste.
 The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this context,
and sets up an authority to inspect, once a year, the industrial activity connected with hazardous
chemicals and isolated storage facilities.

3. General Overview
 The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/
Genetically Engineered Organisms or Cells Rules,1989 were introduced with a view to protect
the environment, nature, and health, in connection with the application of gene technology
and micro-organisms
 EPA was enacted by the central govt. after the Bhopal Gas Tragedy under article 253 of the
Indian Constitution with 26 sections and 4 chapters
 The Act is an “umbrella” legislation designed to provide a framework for central govt.
coordination of the activities of various central and state authorities established under
previous laws, such as the Water Act and the Air Act
 Chapter 1 consists of Preliminary info like such as Short Title, Extend, Date of
Commencement
 Chapter 2 consists of definitions
 Chapter 3 gives the Central Government the power to take action to protect the environment
 Chapter 4 allows the government to appoint officers to achieve these objectives

4. Penalties
 Whoever fails to comply with be punishable with imprisonment for a term
which may extend to five years with fine which may extend to one lakh
rupees, or with both, and in case the failure or contravention continues, with
additional fine which may extend to five thousand rupees for every day during
which such failure or contravention continues after the conviction for the first
such failure or contravention

5. Case Example- Shriram Oleum Gas Leak
 Judgement- “Since we are not deciding the question as to whether Shriram is an authority
within the meaning of Article 12 so as to be subjected to the discipline of the fundamental right
under Article 21, we do not think it would be justified in setting up a special machinery for
investigation of the claims for compensation made by those who allege that they have been the
victims of oleum gas escape. But we would direct that Delhi Legal Aid and Advice Board to take
up the cases of all those who claim to have suffered on account of oleum gas and to file actions
on their behalf in the appropriate court for claiming compensation against Shriram. Such actions
claiming compensation may be filed by the Delhi Legal Aid and Advice Board within two months
from today and the Delhi Administration is directed to provide the necessary funds to the Delhi
Legal Aid and Advice Board for the purpose of filing and prosecuting such actions”
 M.C. Mehta and Anr. Etc vs. Union Of India and Ors. Etc 1986 SCR (1) 312” discusses the concept
of Public Liability. This case is also known as Oleum Leakage Case. It is a landmark judgment in
which the principle of Absolute Liability was laid down by the Supreme Court of India. The Court
held that the permission for carrying out any hazardous industry very close to the human
habitation could not be given and the industry was relocated.

6. Environmental Impact Assessment
 Justice Jeevan Reddy in the landmark judgment of “Indian Council for Enviro-
Legal Action vs. Union of India AIR 1999 SC 1502” held that the financial costs
of preventing or remedying damage caused by pollution should lie with the
undertakings which cause the pollution by adopting the “Polluter Pays
Principle”.
 The Court set a time limit for the coastal states to formulate coastal
management plans and banned industrial or construction activity within 500
metres of the High Tide Line.

7. Water Pollution
 The writ petition filed by the activist advocate M.C. Mehta in the
Supreme Court highlighted the pollution of the Ganga river by the
hazardous industries located on its banks. Justice ES Venkataramiah gave
a historic judgement in “M.C. Mehta vs. Union of India AIR 1988 SCR (2)
538” ordering the closure of a number of polluting tanneries near Kanpur.
 In this judgment it was observed that just like an industry which cannot
pay minimum wages to its workers cannot be allowed to exist, a tannery
which cannot setup a primary treatment plant cannot be permitted to
continue to be in existence.

8. Air Pollution
 The pride of India and one of the wonders of the world i.e., Taj Mahal, was
facing threat due to high toxic emissions from Mathura Refineries, Iron
Foundries, Glass and other chemical industries. The acid rain was a serious
threat to the Taj Mahal an 255 other historic monuments within the Taj
Trapezium.
 The Apex Court in “M.C. Mehta vs. Union of India (Taj Trapezium Case) AIR
1987” delivered its historic judgment in 1996 giving various directions
including banning the use of coal and cake and directing the industries to
Compressed Natural Gas (CNG).

9. References
 https://indiacode.nic.in/bitstream/123456789/4316/1/ep_act_1986.pdf
 https://en.wikipedia.org/wiki/Environment_Protection_Act,_1986
 https://blog.ipleaders.in/environment-law-judgment/