Environment Protection Act,1986 - Objective, Provisions and Effectiveness

Introduction

Environment plays crucial part in human life. We are dependent on environment for almost everything. Since we are so dependent on environment, it's our duty to protect it.

Importance of environment protection was identified by global community long back. First concerted effort was made by international community in 1972 during Stockholm conference.

After the conference, Indian government passed various legislature dealing with environment protection like Water Prevention and Control of Pollution Act, Air Prevention and Control of Pollution Act etc. However those enactments were dealt with specific parts of environment and there was need of comprehensive law to deal with environment protection.

In this post we will explore the idea of environment protection, objective of environment protection and various provisions of environment protection act like power of central government etc.

Who exactly was looking into Environment before this Act

Government!

There was Department of Environment established in 1980. In 1985 this was converted to Ministry of Environment, Forest and Climate Change. Few objective of this ministry was

• Protection of Environment
• Protection of wild animals
• Prevention and abatement of pollution
• Afforestation and regeneration of degraded areas
• Conservation and survey of flora, fauna, wildlife  

What are the objectives of Environment Protection Act

1. To provide for the protection and improvement of the environment and for matters connected with it.
2. To effectively implement the decisions taken at Stockholm conference where India was a party. 

Environment, Environmental Pollutant and Environmental Pollution

 Act defines environment as below

"Environment" includes water,air and land and inter relationship which exists among and between water, air and land, and human being, other living creatures, plant, micro organism and other creatures, property.

In a nutshell, environment includes everything including robots and i-phone.

Act defines environmental pollutant as below

Any solid, liquid or gaseous substance present in such a concentration as may be, or tend to be injurious to environment

 This mean anything which affect environment in bad way is environmental pollutant.

Act provides a super easy definition for Environmental Pollution. It says

The presence in the environment of any environmental pollutant.

Powers of central government under this act (Section 3-6)

Section 3-6 under this act deals with powers of central government.

Below are some powers of central government

1. Central government can take "any" measures for protection and improvement of environment. This include co-ordination between various authorities. It can also plan nation wide programme like "Pradhan Mantri Ped Lagao Yojna" etc.
2. Central government can lay down the standards for emission of pollutant. For example they can put a limit on what amount of Sulpher, Carbon Monoxide can vehicle emit.
3. Central government can lay down the the procedure for handling of hazardous material in factories
4. Central government can inspect factories, their material as likely to cause environmental pollution
5. Central government can also carry out research in causes of environmental pollution.
6. Central government can also constitute different authorities for the purpose of such functions and powers for prevention of pollution.
7. Central government can issue direction to any officers, person or authority and such person/authority/officer are bound to comply with directions.

What is the procedure to prevent, control and abate environmental pollution under this act ? (Section 7-16)

 Act provides for following procedure to control the pollution.

First, it prohibits discharge of any pollutant in environment beyond prescribed limit. For example if there is factory on bank of river which discharge polluting water, then pollutants in discharged water should not be above the prescribed limit. (Section 7)

Second, you know in Sivakasi, Tamilnadu which manufactures crackers for Diwali or other occasion. If government had given how to handle dangerous material like phosphorous, then person dealing with such hazardous material has to follow the procedure and safeguards provided by government.(Section 8)

Third, what if some accident happened in factory and poisonous substance is discharged in environment? Section 9 put an obligation of in charge of such factory to inform such accident to authorities. Also such authorities should take remedial measures. If any expense incurred during such remedy such should be recovered from authorities.

Fourth,authorities under the act can inspect the establishment whether they are complying and adhering to standards provided by government. (Section 10)

Fifth, Central government or any officer empowered by them can take sample of air, water, soil from any for the purpose whether pollutant beyond prescribed(Section 11)

Sixth, where will above sample be send to ascertain whether it contains pollutants or not? Of course laboratories. Section 12 provides for establishment of such laboratories. They can recognize such laboratories. government can also prescribe procedure of these laboratories.

Seventh, who will analyze sample sent? Analyst. Section 13 provides for appointment of such analyst by Central Government.

Eights, such analyst as appointed by government as per Section 13 if sign a documents containing facts about sample, then such document can be used as evidence. (Section 14)

Ninth,  Section 15 provides for punishment which extend up to five years or fine up to 1 Lakh Rs if anybody contravenes any provision of this act. If rule breaking is continued by offender for year, then imprisonment can be up to 7 years. When offenses is committed by company then person who is responsible for offense then such person will be punished. When offense committed by government department, then head of the department will be liable, provided he proves that he acted with due deligence.



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