Environment (Protection) Act, 1986

Introduction

The Environment Protection Act, 1986 marks a pivotal moment in India’s environmental legislative framework, arising from the aftermath of global environmental awakenings such as the Stockholm Conference in 1972 and the tragic Bhopal Gas Tragedy of 1984. Enacted with the primary goal of safeguarding and enhancing the environment, this Act signifies a crucial step towards ensuring the well-being of not just human beings but also all living organisms, plants, and property against the perils of environmental degradation.

With a broad scope that extends across the entirety of India, the Environment Protection Act, 1986 aims to curb, regulate, and diminish environmental pollution in its various forms. While existing laws like the Water Act of 1974, the Air Act of 1981, and the Indian Forest Policy of 1988 laid important groundwork, the necessity for a more comprehensive legislation with stringent punitive measures became evident. Thus, the EPA, 1986 emerged as a cornerstone in the nation’s environmental protection endeavors, granting authority to the Central Government to institute bodies tasked with combating pollution and addressing region-specific environmental challenges.

This Act stands as a beacon of India’s commitment to preserving its environmental heritage and ecological balance. By delving into the provisions, implementation strategies, encountered obstacles, and subsequent amendments of the Environment Protection Act, 1986, this article seeks to provide a thorough exploration of its significance and impact on environmental conservation practices within the country.

Background of Environment (Protection) Act, 1986

The Environment Protection Act, 1986 (EPA) was a watershed moment in India’s environmental legislation, born out of a pressing need for a comprehensive legal framework to address the escalating environmental challenges facing the nation. The roots of this pivotal enactment can be traced back to the United Nations Conference on the Human Environment held in Stockholm in June 1972, where India actively participated in discussions aimed at enhancing the global environmental agenda.

The constitutional provisions outlined in the Indian Constitution play a crucial role in shaping environmental governance and the establishment of legislation such as the Environment Protection Act, 1986. Here is an explanation of the key constitutional provisions mentioned:

Article 48A – Directive Principles of State Policy: Added through the 42nd Amendment Act, Article 48A underscores the state’s responsibility to protect and enhance the environment, as well as safeguard the forests and wildlife of the country. This directive principle guides the state in formulating policies and taking actions that prioritize environmental conservation and sustainability.

Article 51A(g) – Fundamental Duties: Article 51A(g) outlines the fundamental duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, wildlife, and to exhibit compassion towards living creatures. It emphasizes the role of individual citizens in contributing to environmental protection and conservation efforts.

Article 21 – Right to Life and Dignity: Article 21 of the Indian Constitution guarantees the right to life and personal liberty. Over the years, the judiciary has interpreted this right expansively to include the right to live in a healthy and safe environment. In the case of Subhash Kumar v. the State of Bihar, it was affirmed that access to pollution-free water and air is an essential component of the right to life under Article 21.

Article 253 – Legislation for International Obligations: Article 253 empowers the Parliament to enact laws necessary to fulfill India’s international commitments arising from treaties, agreements, conventions, or decisions made at international conferences. This provision facilitated the enactment of the Environment Protection Act, 1986 to implement the decisions taken at the UN Conference on the Human Environment in Stockholm in 1972.

The United Nations Conference on the Human Environment, held in Stockholm in 1972, marked a pivotal moment in global environmental diplomacy and catalyzed a paradigm shift towards recognizing environmental concerns as critical international issues. Here is an explanation of the significance of the Stockholm Conference and its impact on India:

Stockholm Conference, 1972: The Stockholm Conference was a landmark event as it was the first global conference to acknowledge and address environmental issues on an international scale. It resulted in the formulation of the Stockholm Declaration and Action Plan for the Human Environment, which comprised 26 principles aimed at fostering dialogue between industrialized and developing nations on crucial environmental matters such as economic growth, pollution control, and human well-being worldwide.

United Nations Environment Programme (UNEP): One of the significant outcomes of the Stockholm Conference was the establishment of the United Nations Environment Programme (UNEP). UNEP plays a key role in coordinating global environmental activities, promoting sustainable development practices, and facilitating international cooperation on environmental issues.

India’s Participation and Response: India actively participated in the Stockholm Conference and advocated for environmental protection and sustainable development. The conference provided a platform for India to voice its concerns regarding environmental degradation and the need for concerted global action to address these challenges.

Implementation through the Environment (Protection) Act, 1986: To give effect to the decisions and principles adopted at the Stockholm Conference, the Indian Parliament utilized its legislative authority under Article 253 of the Indian Constitution. By enacting the Environment Protection Act, 1986, India demonstrated its commitment to aligning its national environmental policies with international standards and obligations agreed upon at the Stockholm Conference.

Objectives of Environment (Protection) Act, 1986

The key objectives of the Environment Protection Act can be summarized as follows:

Implementation of International Commitments: To operationalize and enforce the crucial decisions made at the United Nations Conference on the Human Environment in Stockholm in 1972, reflecting India’s commitment to global environmental protection efforts.

Comprehensive Legislation: To fill gaps in existing environmental laws and establish a unified framework for environmental protection, covering various aspects of environmental hazards that were not adequately addressed by previous legislation.

Creation of Authorities: To establish new authorities dedicated to safeguarding and enhancing the environment, as well as coordinating the functions of pre-existing authorities established under earlier laws, ensuring a more concerted and effective approach to environmental protection.

Stringent Penalties: To impose strict and deterrent penalties on individuals or entities that harm the natural environment, endangering its safety and health, thereby discouraging activities that lead to environmental degradation.

Facilitation of Subordinate Legislation: To facilitate the development of subordinate and delegated legislation on environmentally sensitive issues, enhancing the legal framework for environmental protection and enabling detailed regulations to address specific environmental concerns.

Promotion of Sustainable Development: To promote sustainable development practices that strike a balance between overall socio-economic progress and environmental conservation, emphasizing the importance of harmonizing developmental activities with environmental protection for the benefit of present and future generations.

Environment Protection Act referred as Umbrella act

The Environment Protection Act, 1986, is often referred to as an “Umbrella Act” due to its comprehensive and overarching nature in environmental governance. Here’s an explanation of why the Environment Protection Act is termed as such:

Comprehensive Framework: The Environment Protection Act establishes a broad and fundamental framework for formulating and implementing extensive strategies aimed at protecting and enhancing the environment in its entirety. Instead of focusing on specific environmental issues, it provides a holistic approach to environmental management.

Coordination Mechanism: This legislation facilitates coordination and cooperation among various entities involved in environmental protection, including the Central government, state governments, and authorities established under different environmental laws. By fostering collaboration, it ensures a more cohesive and efficient approach to environmental governance.

Integration of Existing Laws: The Environment Protection Act bridges the gaps left by other specific environmental laws such as the Water Act and Air Act. By integrating and harmonizing these disparate laws, it creates a unified and interconnected legal framework that enhances the effectiveness of environmental protection measures.

Broad and Comprehensive Coverage: The Act encompasses a wide range of aspects related to environmental protection, including defining key terms, delineating powers and responsibilities of governmental bodies concerning the environment, and outlining stringent penalties for violations. Its comprehensive nature ensures that all essential components of environmental regulation are addressed under a single legislative umbrella.

Important Definition under Environment Protection Act, 1986

According to Section 2 of E.P.A.

“Environment” includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.

“Environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.

“Environmental pollution” means the presence in the environment of any environmental pollutant.

“Hazardous substance” means any substance or preparation which, by reason of its chemical or Physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organisms, property or the environment. Causes of Environmental Pollution

Powers and functions of the Central Government

Section 3- Powers of the Central Government to take measures to protect and improve the environment outlines the extensive powers and functions of the Central Government under the Environment Protection Act.

Power to Take Measures: The Central Government is empowered to take all necessary and expedient measures to safeguard and enhance environmental quality, as well as to prevent, control, and reduce environmental pollution.

Specific Measures: The Central Government can undertake various specific measures, including:

• Coordinating actions by State Governments, officers, and other authorities under this Act or related laws.
• Planning and executing nationwide programs to combat environmental pollution.
• Establishing standards for environmental quality and emission/discharge of pollutants.
• To lay down standards for the quality of different aspects of the environment.
• To lay down the standards for emission or discharge of pollutants.
• Restricting industrial activities in specific areas.
• To lay down procedures and safeguards for the prevention of pollution-causing accidents and take remedial measures.
• To lay down procedures and safeguards for the handling of hazardous substances.
• To examine the manufacturing processes, materials, and substances that are capable of causing pollution.
• Conducting research on environmental pollution issues.
• Inspecting premises, equipment, and processes to enforce pollution control measures.
• Setting up environmental laboratories and institutes.
• Collecting and disseminating information on environmental pollution.
• Developing manuals, codes, or guides for pollution prevention.

Constitution of Authorities: The Central Government can create authorities through official orders published in the Gazette to exercise its powers and functions under the Act. These authorities are tasked with implementing specific measures mentioned in the order while being subject to Central Government oversight and control.

Delegation of Powers: These newly constituted authorities are authorized to perform functions and exercise powers delegated by the Central Government, including issuing directions under the Act. They operate within the scope defined by the order establishing them, effectively acting as extensions of the Central Government for environmental protection purposes.

Power to appoint officers

Section 4 authorizes the Central Government for appointment of officers and the delegation of powers and functions under a specific Act. Here’s an explanation of the appointment of officers and their powers and functions as described in the text:

Appointment of Officers: The Central Government has the authority to appoint officers with designations of its choice for the purpose of the Act in question.

These officers are appointed at the discretion of the Central Government and can be given specific titles or designations as deemed appropriate.

Delegation of Powers and Functions: The Central Government possesses the power to entrust these appointed officers with specific powers and functions outlined in the Act.

The officers appointed under this provision are required to operate under the general control and direction of the Central Government.

Additionally, if instructed by the Central Government, they may also be subject to the supervision and direction of any relevant authority established under the Act or any other authorized entity or officer.

Power to give directions

The power to issue directions under Section 5 of the Environment (Protection) Act, 1986 is a critical provision that empowers the Central Government to enforce regulatory measures to protect the environment. Here is a summary of the power to give directions under Section 5 of the Environment Act, 1986:

Power to Issue Directions: The Central Government, in the exercise of its powers and duties under the Environment (Protection) Act, 1986, has the authority to issue written directions to any individual, officer, or authority.

These directions are legally binding, and the recipients must comply with them as mandated by the Act.

Scope of Directions: The directions issued under this section can encompass a wide range of regulatory measures aimed at safeguarding the environment.

Examples of directions that can be issued include:

• Ordering the closure, prohibition, or regulation of any industry, operation, or process that poses a threat to the environment.
• Directing the stoppage or regulation of the supply of electricity, water, or any other service that may be causing environmental harm.

Power to lay down rules to regulate  environmental pollution

The power to lay down rules to regulate environmental pollution under Section 6 of the Environment (Protection) Act, 1986 is crucial in establishing regulatory frameworks to safeguard the environment. Here is an overview of the power to lay down rules under Section 6:

Rule-Making Authority: The Central Government, through an official notification in the Official Gazette, possesses the authority to establish rules concerning any matters outlined in Section 3 of the Environment (Protection) Act, 1986.

Scope of Rules: The rules formulated under this section can encompass a wide range of environmental protection measures.

Specific matters that the rules may address include, but are not limited to:

• Establishing standards for the quality of air, water, and soil in various regions and for different purposes.
• Setting maximum permissible limits for the concentration of environmental pollutants, including noise, in diverse areas.
• Defining procedures and safeguards for the safe handling of hazardous substances.
• Enforcing prohibitions and restrictions on the handling of hazardous substances in different regions.
• Imposing prohibitions and restrictions on the establishment of industries and the conduct of processes and operations in specific areas.
• Implementing procedures and safeguards to prevent accidents that could lead to environmental pollution and outlining remedial measures for such incidents.

Prevention, Control, and Abatement of Environmental Pollution

The provisions outlined in Sections 7, 8, and 9 of the Environment (Protection) Act, 1986 focus on the prevention, control, and abatement of environmental pollution. Here is an overview of these sections:

Section 7: Persons Carrying on Industry Operation Not to Allow Emission of Environmental Pollutants in Excess of Standards

• No individual engaged in any industry, operation, or process is permitted to discharge, emit, or allow the release of environmental pollutants exceeding the standards prescribed under the Act.

Section 8: Persons Handling Hazardous Substances to Comply with Procedural Safeguards

• It is mandated that no person should handle, or cause to be handled, any hazardous substance except in accordance with the prescribed procedures and after complying with the necessary safeguards specified under the Act.

Section 9: Furnishing of Information to Authorities and Agencies in Certain Cases

• In the event of the discharge of environmental pollutants exceeding the prescribed standards due to an accident or unforeseen event, the responsible person and the individual in charge of the location where the discharge occurred must:
  • Notify the authorities of the incident.
  • Provide assistance to the prescribed authorities or agencies when requested.

• Upon receiving information regarding such incidents, the relevant authorities or agencies must promptly implement necessary measures to prevent or mitigate environmental pollution.

• Any expenses incurred by the authorities for remedial actions can be recovered from the responsible party as arrears of land revenue or public demand, along with interest as determined by the government.

Power of entry and inspection

Powers of Entry and Inspection under Section 10 of the Environment Protection Act, 1986:

Right of Entry: Any person authorized by the Central Government has the right to enter any place at all reasonable times with necessary assistance for various purposes as outlined in the section.

• To perform functions entrusted by the Central Government.
• To determine compliance with the Act, rules, notices, orders, etc.
• To examine equipment, industrial plants, records, documents, or conduct searches for potential offenses under the Act or rules, and seize materials for evidence or to prevent environmental pollution.

Assistance Requirement: Individuals conducting industrial activities or handling hazardous substances must provide full assistance to the authorized personnel for the execution of their duties under this section. Failure to assist without reasonable cause constitutes an offense under the Act.

Offenses: Willful delay or obstruction of authorized personnel in the performance of their duties is considered an offense under the Act.

Legal Provisions: The provisions of the Code of Criminal Procedure, 1973, or corresponding laws in force in specific regions, apply to searches and seizures carried out under this section. The legal procedures for search and seizure align with those under a warrant issued for similar purposes.

Power to take sample and procedure to be followed

Power to Take Sample and Procedure to Be Followed under Section 11 of the Environment Protection Act, 1986:

Authority to Take Samples: The Central Government or its authorized officer has the power to collect samples of air, water, soil, or other substances from factories, premises, or any location as prescribed for analysis purposes.

Admissibility of Analysis Results: The results of any sample analysis are not admissible as evidence in legal proceedings unless the procedures outlined in subsections (3) and (4) are adhered to.

Sample Collection Procedure:

The person taking the sample must:

• Serve a notice to the occupier or their representative of the intention to analyze the sample.
• Collect the sample in the presence of the occupier or their representative.
• Place the sample in marked and sealed containers signed by both the sampler and the occupier or their representative.
• Send the sealed containers promptly to a laboratory established or recognized by the Central Government for analysis.

Specific Circumstances:

• Willful Absence: If the occupier or their representative willfully absents themselves, the sample must be collected, marked, sealed, and sent for analysis.

• Refusal to Sign: If the occupier or their representative present at sample collection refuses to sign the containers, the sampler must sign them and promptly send them for analysis. The Government Analyst must also be notified in writing about the absence or refusal.

Government Analysts

Government Analysts under Section 13 of the Environment Protection Act, 1986:

Appointment or Recognition:

• The Central Government, through an official notification in the Gazette, has the authority to appoint or recognize individuals with prescribed qualifications as Government Analysts.
• These Government Analysts are designated for the purpose of analyzing samples of air, water, soil, or other substances submitted for analysis to any environmental laboratory established or recognized under Section 12(1).

Reports on Government Analysts

Reports of Government Analysts under Section 14 of the Environment Protection Act, 1986:

Legal Validity:

• Any document presented as a report signed by a Government Analyst holds evidentiary weight.
• Such reports can be utilized as evidence of the facts stated within them in any legal proceeding conducted under the Environment Protection Act.

Penalty for Contravention of the Provisions of the Act and the Rules, Orders, and Directions

Individual Offenses (Section 15):

• Failure to comply with or contravene any provision of the Environment Protection Act, its rules, orders, or directives is punishable.
• Penalties include imprisonment up to five years, fines up to one lakh rupees, or both. For continuous contravention, an additional fine up to five thousand rupees per day may apply after the initial conviction.
• If the contravention persists beyond a year post-conviction, imprisonment up to seven years may be imposed.

Offenses by Companies (Section 16):

Corporate Liability:

• When a company commits an offence under the Act, individuals directly responsible for the company’s operations are deemed guilty alongside the company.
• Individuals can avoid punishment if they prove lack of knowledge or demonstrate all due diligence to prevent the offence.
• If the offence implicates the consent, connivance, or neglect of directors, managers, secretaries, or other officers, they are also held accountable and subject to prosecution and penalties.

Offenses by Government Departments (Section 17):

• Responsibility of the Head of the Department:
  • If a Government Department violates any provision of the Environment Protection Act, the Head of the Department is considered culpable and subject to prosecution and penalties.
  • The Head of the Department can avoid punishment by demonstrating lack of knowledge or proving that all due diligence was exercised to prevent the offence.
• Liability of Other Officers:
  • In cases where a Government Department commits an offence under the Act, and it is established that the offence resulted from the consent, connivance, or neglect of an officer other than the Head of the Department, that officer is also deemed responsible for the offence and can be prosecuted and penalized accordingly.

Miscellaneous Key Sections of the Environment Protection Act (EPA)

Section 18: Protection of Action Taken in Good Faith

No legal proceedings can be initiated against the Government, its officers, or any authority under the EPA for actions taken in good faith under the Act or its associated rules, orders, or directives.

Section 19: Cognizance of Offences

Courts can only consider offences under the EPA upon a complaint made by the Central Government, authorized officers, or individuals providing a 60-day notice of the alleged offence to the relevant authorities.

Section 20: Information, Reports, or Returns

The Central Government is empowered to request reports, returns, and information from individuals, officers, State Governments, or other authorities concerning the Act, and compliance is mandatory.

Section 21: Public Servant Status

Members, officers, and employees of authorities formed under the EPA are considered public servants when acting in accordance with the Act or its regulations.

Section 22: Bar of Jurisdiction

Civil courts lack jurisdiction to entertain suits related to actions taken by the Central Government or other authorities under the EPA.

Section 23: Powers to Delegate

The Central Government can delegate its powers and functions under the EPA, excluding certain specified powers, to officers, State Governments, or other authorities through official notifications.

Section 24: Effect of Other Laws

The provisions of the EPA supersede any conflicting provisions in other enactments, except in cases where an act constitutes an offence punishable under both the EPA and another law.

Section 25: Power to Make Rules

The Central Government can formulate rules necessary for implementing the EPA’s objectives, covering various aspects such as environmental standards, handling of hazardous substances, and submission of reports.

Section 26: Rules to be Laid Before Parliament

Rules created under the EPA must be presented to both Houses of Parliament for review within 30 days of their formulation, allowing for modifications or annulment based on parliamentary agreement.

Conclusion

In conclusion, the Environment Protection Act of 1986 represents a significant milestone in India’s environmental legislation, particularly in the wake of global events such as the Stockholm Conference and local incidents like the Oleum gas leak case that heightened awareness about environmental concerns. The Act’s stringent regulations for preventing, controlling, and mitigating environmental pollution demonstrate a proactive stance towards environmental protection and improvement.

By granting extensive powers to the central government to formulate rules and appoint authorities, the Act has established a robust framework for enforcing environmental safeguards. The introduction of notifications such as the Environment Impact Assessment has further enriched environmental protection principles, fostering a culture of sustainable development.

Moreover, the EPA has empowered citizens to actively participate in safeguarding the environment by holding polluting industries accountable under its provisions. This engagement has not only led to environmentally conscious judicial decisions but has also promoted a sense of shared responsibility towards environmental stewardship.

Despite these commendable aspects, it is essential to acknowledge that the Act may have certain gaps that require addressing through timely amendments to align with evolving environmental challenges and global best practices. Continuous updates and refinements will be crucial to ensure the Act remains effective, responsive, and adaptive to the changing landscape of environmental concerns and regulatory requirements. By addressing these lacunae through amendments, the EPA can further strengthen its role as a cornerstone of environmental protection in India, fostering a sustainable and healthy future for all.