Environment Protection Act 1986, Scope, History, Objectives

The Environment Protection Act of 1986 is one of the most important environmental laws in India. It came at a time when the country needed a stronger framework to deal with pollution, especially after the Bhopal Gas Tragedy. The Act gave the central government broad powers to tackle environmental issues head-on. 

Environment Protection Act

The Environment Protection Act, 1986, was enacted under Article 253 of the Indian Constitution, which empowers Parliament to make laws for implementing international agreements. Its foundation can be traced back to India’s participation in the United Nations Conference on the Human Environment held in Stockholm in June 1972. At that conference, global leaders recognized the urgent need to address environmental degradation, and India pledged to take legislative steps toward environmental protection. 

Environment Protection Act Scope

The Environment Protection Act, 1986 applies across the entire territory of India. Section 2 of the Act lays out key definitions that form the foundation for interpreting the law. 

• Environment: This includes water, air, land, and the interactions between them. It also covers human beings, all forms of life like plants and animals, microorganisms, and even property.
• Environmental Pollutants: These are substances whether solid, liquid, or gas that are considered harmful to the health of living organisms.
• Environmental Pollution: Refers to the presence of these harmful substances in the environment.
• Hazardous Substance: Any substance or preparation that, due to its chemical or physical properties, can cause harm to humans, other living beings, or property.
• Handling: Involves the processes related to manufacturing, processing, using, selling, collecting, or storing any substance, especially hazardous ones.
• Occupier: Refers to a person who has control over the operations of a factory or premises essentially the individual responsible for day-to-day management.

Also Read: Fiscal Responsibility & Budget Management Act

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Environment Protection Act History

• Fragmented Environmental Laws Before 1986: Prior to EPA 1986, environmental issues in India were governed by scattered laws like the IPC, CrPC, Factories Act, Indian Forest Act, and Merchant Shipping Act, which lacked a unified and focused approach.
• Stockholm Conference, 1972 as Catalyst: The 1972 UN Conference on the Human Environment held in Stockholm highlighted the need for uniform environmental legislation to tackle issues threatening public health and biodiversity.
• India’s Constitutional Commitment: India became the first country to constitutionally mandate environmental protection through the 42nd Constitutional Amendment Act, 1976.
• Directive Principle – Article 48-A: This provision directs the State to protect and improve the environment and safeguard forests and wildlife.
• Fundamental Duty – Article 51-A(g): It obligates every citizen to protect and enhance the natural environment, including forests, lakes, rivers, and wildlife, and to show compassion towards living beings.
• Limitations of Water and Air Acts: The Water Act (1974) and Air Act (1981), enacted before EPA 1986, dealt only with specific types of pollution and lacked a holistic framework.
• Need for Comprehensive Legislation: Realizing the limitations of sectoral laws, Parliament passed the Environment (Protection) Act, 1986 as an umbrella legislation to comprehensively cover environmental issues.

Environment Protection Act Objectives

• It led to the creation of central and state-level authorities with the power to take necessary measures for environmental protection and enforcement.
• It aimed to ensure better coordination among existing regulatory bodies dealing with different aspects of environmental law.
• The Act empowered the government to regulate the discharge of environmental pollutants and to control the handling, storage, and use of hazardous substances.
• It provided for a prompt and effective response mechanism in case of environmental accidents, especially those involving toxic or hazardous materials.
• The law introduced strong penalties and punishments to act as a deterrent against violations, including imprisonment and hefty fines.

Also Read: Vernacular Press Act

Environment Protection Act Features

• The Environment (Protection) Act, 1986 gives the central government full authority to take any action necessary for protecting and improving environmental quality and controlling pollution.
• This includes setting national standards for environmental quality, as well as emission and effluent discharge limits.
• The government can regulate where industries can be located to avoid environmental harm.
• It can lay down procedures for the safe handling and management of hazardous substances.
• The Act also ensures safety by establishing safeguards to prevent environmental accidents and mandates the collection of pollution-related data.
• Regulatory duties under this Act are largely assigned to agencies already operating under the Water Act of 1974.
• Central and state governments, along with other relevant bodies, are responsible for enforcing specific rules depending on their jurisdiction and function.
• The Act grants government officials the power to inspect, test equipment, and collect samples of air, water, soil, or any substance from any location.
• It strictly prohibits handling hazardous substances unless done in compliance with prescribed safety standards.
• Violators of the Act face up to five years in prison, a fine up to ₹1 lakh, or both. For continuous violations, the imprisonment term may extend to seven years.
• A unique feature of this Act is that any person, not just government authorities, can approach a court and file a complaint against environmental offences.
• Every rule framed under this Act must be placed before both Houses of Parliament after it is made.

Environment Protection Act Effectiveness

• The Environment Protection Act gives the central government wide-ranging powers to safeguard the environment.
• Despite this, many rivers have turned into open drains and the air in several cities remains dangerously polluted.
• This reflects serious gaps between the law and its actual enforcement.
• The Act mandates the collection and public sharing of pollution data, but the government has largely failed to do so.
• Without this information, communities are often unaware of hazardous industries operating nearby.
• While the Act allows the public to seek legal action, only government officials are permitted to collect samples needed as legal evidence.
• This restriction weakens public participation in holding polluters accountable.
• River pollution continues unchecked due to ineffective policies and mismanaged cleanup efforts.
• These failures show that simply having a law is not enough without strong implementation and accountability.

Environment Protection Act Amendments

• The Ministry of Environment, Forest and Climate Change has proposed amendments to the Environment Protection Act, 1986 to decriminalise certain provisions.
• Currently, the Act prescribes imprisonment of up to five years or a fine of up to ₹1 lakh or both for environmental violations.
• If the violation continues, an additional fine of ₹5,000 per day is imposed, and in some cases, jail terms can extend up to seven years.
• The proposed amendment seeks to replace imprisonment with significantly higher monetary penalties.
• These fines could now range between ₹5 lakh and ₹5 crore, depending on the nature and extent of the violation.
• Violations that result in serious injury or death will be dealt with under the Indian Penal Code, read with Section 24 of the EPA.
• The decriminalisation move will also apply to offences under the Air and Water Acts.
• An adjudication officer will be appointed to assess and impose penalties for non-compliance, such as failure to submit information or reports.
• All collected penalties will go into a designated “Environmental Protection Fund” for future use.