Environment Protection Act 1986: Features, Provisions of EPA Act

Environment Protection Act 1986

Everyone is aware of the harm done to the environment, including its nature and effects. The Environment Protection Act 1986 was enacted by the government in response to growing concerns from civilizations and industrializations. It was a thoughtful step towards environmental safe-keeping and improvement. The Environmental Protection Act was legislated in May 1986 because of the aftermath of the Bhopal Gas Tragedy in 1984. The Act was implemented in November 1986.

The Environmental Protection Act of 1986 serves as a pivotal legislation in India, aimed at ensuring sustainable development, protection, and enhancement of the environment. It encompasses various measures and provisions to enforce the objectives of the act and impose penalties in cases of non-compliance by individuals or organizations. This act is the result of a series of legislative actions that followed the Stockholm conference, including the Wildlife Protection Act 1972, Water (Prevention and Control of Pollution) Act of 1974, and Air (Prevention and Control of Pollution) Act 1981. It aligns with the constitutional mandate to protect life under Article 21, fostering a holistic approach towards environmental conservation and welfare.

Objectives of the Environment Protection Act 1986

Environment Protection Act of 1986 aims to provide for the protection and improvement of the environment, prevention and control of pollution, and the promotion of sustainable development. It sets out objectives to safeguard ecological balance, safeguard human health, and ensure the effective utilization of environmental resources. The objectives of the Environment Protection Act 1986 are as follows:

• Formed to carry out the decisions made at the United Nations Conference on the Human Environment held in Stockholm in June 1972
• Instils government protection and regulation toward environmental safety
• Coordinates the actions of various regulating bodies working towards the cause
• Enforces general environmental laws in case of environmental hazards
• Provides penalizing codes for individuals and institutions for environmental damage
• Promotes sustainable environmental development

Environment Protection Act 1986: Constitutional Provision

The Environmental Protection Act 1986 was introduced under Article 253 of the constitution, which covers legislation for effecting international agreements.

• Article 48A of the Constitution was added by the 42nd amendment act, which states that the state shall make efforts to protect and improve the environment and to safeguard the forests and wildlife of the country.
• Article 51A of the Fundamental duties states that every citizen shall protect the environment.
• Environmental Protection Act 1986 is applicable to complete India, including Jammu & Kashmir.

Features of Environment Protection Act 1986

Environment Protection Act of 1986 incorporates several notable features, including the establishment of authorities for environmental protection, the regulation of hazardous substances, the power to issue directions for pollution control, the provision of penalties for non-compliance, and the promotion of public participation in environmental matters. Some of the major features of the Environment Protection Act 1986 are as follows.

• The Central Government has the power to take any such measures to safeguard and improve the environment in coordination with the State government.
• Nationwide programs can be launched to fight and prevent environmental pollution.
• Emission standards and guidelines for discharging environmental pollutants can be laid down.
• The Central Government may appoint officers under the Environment Protection Act 1986.
• Procedural Safeguards: No person may handle or may be made to handle any hazardous substance other than following the procedure and with the appropriate safeguards.
• Powers of Entry and Inspection.
• Establishment of Environmental Laboratories.
• Appointment of Government Analyst.
• Penalties for Offences.
• Offences by Companies.
• Offences by Government Departments.
• Cognizance of offences.

Difference Between Environment Protection Act and Wildlife Protection Act

The Environment Protection Act 1986 is an “umbla” act for various environmental legislations and provides a framework for coordinating various central and state authorities’ activities to protect and safeguard the environment. On the other hand, the Wildlife Protection Act 1972 focuses on protecting flora and fauna and their habitats.

• Environment Protection Act 1986 focuses on environmental pollution and other standards of safeguarding the environment.
• Wildlife Protection Act 1972 focuses on protecting the species of animals and plants and preventing the hunting and trade of species.

Complaint under the Environment Protection Act 1986

The Environment Protection Act 1986 allows the following parties to file a complaint in case of infringement of any objectives of the rules of the Act.

• The central government or any regulatory institution acted to the government
• Any individual who has the intention to or who files the complaint within sixty days against the doing of the alleged offence

Liability under Environment Protection Act 1986

Under the purview of section 16 of the Environment Protection Act 1986, if not proven otherwise, and in charge of a company such as a manager, directors, secretary etc., are not liable in the case of –

• An action is performed without their knowledge.
• If they have taken due actions to prevent the offence

Punishment under Environment Protection Act 1986

The Environment Protection Act of 1986 includes provisions for punishing offenses related to endangering the human environment, safety, and health. Section 15 of the act specifies the punishments that can be imposed for breaching its provisions. Following are the Punishment under Environment Protection Act 1986.

• Imprisonment of up to five years
• Fine of up to one lakh rupees
• Both imprisonment and fine
• In the case of continued offense, the imprisonment time could be extended to seven years.

Environment Protection Act UPSC

The Environment Protection Act of 1986 is a significant legislation in India that focuses on the prevention, control, and abatement of environmental pollution. It falls under the Environment and Ecology section of the UPSC Syllabus, covering topics related to environmental laws and regulations.

Environment Protection Act of 1986 holds immense importance in UPSC Preparation due to its wide-ranging impact on environmental governance and conservation. Understanding this act is crucial as it provides insights into the features, objectives, and provisions of the Environment Protection Act. Familiarity with this act enables candidates to address environmental challenges and policy issues effectively.

Environment Protection Act MCQs

Solving questions on the Environment Protection Act 1986 helps candidates deepen their understanding of environmental laws, regulations, and the measures implemented for pollution control and environmental conservation.

Question: What are the penalties for violations under the Environment Protection Act? (A) Warning notice, (B) Fine and imprisonment, (C) Community service, (D) Verbal reprimand

Answer: (B) Fine and imprisonment

Question: What is the primary objective of the Environment Protection Act of 1986? (A) Encourages the practice of sustainable environmental development, (B) Preservation of cultural heritage, (C) Promotion of industrial growth, (D) Ensuring public safety

Answer: (A) Encourages the practice of sustainable environmental development

Question: Which year was the Environment Protection Act enacted in India? (A) 1972, (B) 1986, (C) 1991, (D) 2000

Answer: (B) 1986

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