Need of the Act:
Though there is a host of legislation in India aimed at protecting the environment from pollution and maintaining the ecological balance, the environment has not so far been considered in its totality. The Environment (Protection) Act, 1986, enacted under Art. 253 of the Constitution of India to implement the decisions made at the United Nations Conference on Human Environment held at Stockholm, 1972 was expected to fill the lacuna and provide a blueprint for a progressive policy for protecting the ecosystem. The Act seeks to supplement the existing laws on control of pollution by enacting general legislation for environmental protection and to fill the gaps in regulations of major environmental hazards. The Environment Protection Act is umbrella legislation enacted to provide for the Central Government coordination over the central and State authorities established inter-alia under the water Act, 1974 and the Air Act, 1981.
Constitutional Provision:
Article 21 of the Constitution says that “no person shall be deprived of his life or personal liberty exists according to procedure established by law”.
Article 47 provides under the Directive Principles that improvement of public health is the primary duty of the State.
Article 253 says that “Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.”
The Forty Second Amendment Act:
Environmental protection and improvement were explicitly incorporated into the Constitution by the 42nd Constitutional Amendment act of 1976. By these Articles 48A and 51 A(g) were inserted.
Article 48-A says that “The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country”.
Article 51-A(g) says that “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures”.
Both the Article 48A and 51A (g) highlight the national consensus on the importance of environmental protection and improvement.
This Article 253 empowers parliament to make laws implementing India’s international obligations as well as any decision made at an international conference, association or other body. Parliament has used its power under Article 253 to enact the the environment (protection) Act of 1986 – to implement the decisions reached at the United Nations conference held at Stockholm in 1972.
Environmental Protection and Fundamental Rights
The Right to a wholesome Environment:
Article 21 of the Constitution says that “no person shall be deprived of his life or personal liberty exists according to procedure established by law”. The boundaries of the fundamental right to life and personal liberty guaranteed in was expanded to include the right to a wholesome environment which warrants environmental protection. According to this, courts are entitled to forbid all acts of the state and citizen from upsetting the environmental balance.
The Right to Equality:
Article 14 of the Constitution says that “The state shall not deny to any person equality before the law or the equal protection of the laws”. The right to equality guaranteed in of the constitution may also be infringed by Government decisions that has an impact on the environment.
Freedom to Trade:
Article 19(1)(g) states that it is a fundamental right of every citizen to carry on any occupation, trade or business. But Court had held that this right can be used with the due consideration to environmental interest.
Objectives of Environment Protection Act:
- To provide the protection and improvement of environment and for matters connected therewith.
- To implement the decisions made at the UN Conference on Human Environment held at Stockholm in June 1972.
- To enact a general law on the areas of environmental protection which were left uncovered by existing laws. The existing laws were more specific in nature and concentrated on a more specific type of pollution and specific categories of hazardous substances rather than on general problems that chiefly caused major environmental hazards.
- To coordinate activities of the various regulatory agencies under the existing laws
- To provide for the creation of an authority or authorities for environmental protection and confer special power to them
- To give the widest possible powers to the Central Government to take measures to protect and improve the environment.
- To provide for a mass of subordinate and delegated legislation on ecologically sensitive topics ile environmental impact assessment, regulation of hazardous substances and protection of coastal areas.
- To provide deterrent punishment to those who endanger the human environment, safety, and health
Salient Features of the Act:
- This Act has been brought into force on November 19, 1986
- This Act is applicable to the whole of India including Jammu & Kashmir.
- Jurisdiction of civil courts is barred under the Act.
- It is umbrella legislation enacted to provide for the Central Government coordination over the central and State authorities established inter-alia under the water Act, 1974 and the Air Act, 1981.
It confers powers on the Central Government to:
- Take all necessary measures for protecting the quality of the environment,
- Co-ordinate actions of States, officers and other authorities under this Act,
- Plan and execute a nationwide programme for the prevention, control, and abatement of environmental pollution,
- Lay down standards for discharge of environmental pollutants,
- Empower any person to enter, inspect, take samples and test,
- Establish or recognize environmental laboratories,
- Appoint or recognize government analysts, lay down standards for quality of the environment,
- Restrict areas in which any industries, operations or processes may not be carried out subject to certain safeguards,
- Lay down safeguards for the prevention of accidents and take remedial measures in case of such accidents,
- Lay down procedures and safeguards for handling hazardous substances,
- Constitute an authority for exercising powers,
- Issue directions to any person, officer or authority including the power to direct closure, prohibition or regulation of any industry, operation or process,
- Require any person, officer or authority to furnish any prescribed information and
- Delegate powers to any officer of a state or authority;
Other Features:
The Act confers powers on persons to complain to courts regarding any violation of the provisions of the Act, after a notice of 60 days to the prescribed authorities;
The Act makes it obligatory for the person in charge of a place (Occupier) to inform the prescribed authorities regarding any accidental discharge of any pollutant in excess of prescribed standards. The concerned authorities, on receipt of such information, shall take remedial measures to prevent or mitigate pollution caused by such accidents and expenses incurred by the authorities in respect of remedial measures are recoverable with interest from the polluter (Pollutor Pays principle);
It prescribes stringent penalties for violation of the provisions of the Act;
Extent and Applicability of Environment Protection Act
The Environment Protection Act is applicable to the whole of India including Jammu & Kashmir. It came into force on November 19, 1986.