Environment Protection Act, 1986

 Environment Protection Act, 1986:

The Environment Protection Act, 1986, was created by the Indian government after the Bhopal gas tragedy. It started on November 19, 1986, and serves as the main law to coordinate efforts of central and state authorities to protect the environment. This law combines various previous environmental laws for a unified approach. The Act does not have a separate state-level body; instead, the central government handles the powers and functions under the Act.

Objectives:

• Protection and Improvement: To provide for the protection and improvement of the environment.
• Prevention of Hazards: To prevent hazards to human beings, other living creatures, plants, and property.
• Implementation of International Decisions: To implement the decisions made at the United Nations Conference on the Human Environment held in Stockholm in 1972.

Functions of Central Government:

·     Plan and execute nationwide programme for prevention control and abetment of environmental pollution.

·     Coordinate activities of states, officers and other authorities under this and any other act related to the object of this Act.

·     Carry out and sponsor investigations and research.

·     Collect and disseminate information.

·     Prepare manuals, codes and guides regarding prevention, control and abatement of environmental pollution.

·     Lay down standards for the quality of environment in its various aspects. Different standards may be laid down for different sources. The latest modified standards are effective from 1.1.1994.

·     Demarcate areas in which certain industries/ processes/ operations shall not be carried out or shall be carried out subject to safeguards.

·     Lay down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents.

·     Lay down procedures and safeguards for tackling of restricted prohibited hazardous substances.

·     Examine manufacturing processes, materials and substances as are likely to cause environmental pollution.

·     Establishment or recognition of environmental laboratories.

Powers of Central Government:

·     The government has the power to enter and inspect any premises to ensure compliance with the Act.

·     It can take samples of air, water, soil, or other substances for analysis.

·     To give directions to authorities of persons for taking steps for prevention, control and abatement of environmental pollution.

·     The government can regulate the location of industries and the disposal of hazardous waste.

·     It can order the closure, prohibition, or regulation of any industry or process that violates environmental standards.

·     The government can take emergency measures to protect the environment in case of an imminent threat.

Penalties:

·     Fines and Imprisonment: Violations of the Act can result in fines and imprisonment. The severity of the penalty depends on the nature and extent of the violation.

·     Offences by Companies: If a company violates the Act, the person in charge of the company at the time of the offence is held responsible and liable for punishment.

·     Offences by Government Departments: If a government department violates the Act, the head of the department is held responsible and liable for punishment.

Efforts Taken in India to Ensure Environmental Protection:

1. National Green Tribunal (NGT): Established in 2010, the NGT handles environmental disputes and ensures the effective and expeditious disposal of cases relating to environmental protection.

2. Pollution Control Boards: The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) monitor and control pollution levels across the country.

3. Environmental Impact Assessment (EIA): Mandatory for certain projects to assess their potential environmental impact before they are approved.

4. Public Participation: Encouraging public participation in environmental decision-making processes.

5. Afforestation Programs: Initiatives like the National Afforestation Programme aim to increase forest cover and restore degraded ecosystems.

6. Clean India Mission (Swachh Bharat Abhiyan): A nationwide campaign to clean up the streets, roads, and infrastructure of India’s cities and rural areas.

Conclusion:

The Environment Protection Act, 1986, plays a crucial role in safeguarding India’s environment by providing a comprehensive legal framework for the prevention and control of pollution. It empowers the government to take necessary measures to protect and improve the environment, ensuring sustainable development and a healthier future for all.