JAMIA MILLIA ISLAMIA

FACULTY OF LAW

ASSIGNMENT FOR CONSTITUTIONAL LAW

TOPIC: ENVIRONMENT PROTECTION ACT 1986- CRITICAL ANALYSIS

PRESENTED BY:
NAME: SHAMBHAVI PANDEY
ROLL No. : 52
SEMESTER: VI Semester
COURSE: B.A.LLB (Hons.)

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TABLE OF CONTENTS

Sr. No. TOPIC Pg. No.

1. ACKNOWLEDGEMENT 3

2.  ENVIRONMENT PROTECTION ACT – 4 - 12

 INTRODUCTION
 PREMISES OF THE ACT
 OBJECT AND PURPOSE OF THE ACT
 POWER OF THE CENTRAL GOVERNMENT TO TAKE
MEASURES TO PROTECT AND IMPROVE
ENVIRONMENT
 OFFENCES AND PENALTIES
 SALIENT FEATURES OF THE ACT

3. CONCLUSION 13

4. BIBLIOGRAPHY

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ACKNOWLEDGEMENT

The success and final outcome of this project required a lot of guidance and assistance from
many people and I am extremely privileged to have got this all along the completion of my
project. All that I have done is only due to such supervision and assistance and I would not
forget to thank them.
I respect and thank Mr. Ghulam Yazdani Sir , for providing me an opportunity to do the
project and giving me all support and guidance which made me complete the project duly. I
am extremely thankful to him for providing such a nice topic “ Environment Protection-
Critical analysis” on which I could do a profound research and learnt a lot from it . I owe my
deep gratitude to him as he took keen interest in this project work and guided me all along.
I would not forget to remember my fellowmates for their encouragement and more over for
their timely support and guidance till the completion of my project work.
I am thankful to and fortunate enough to get constant encouragement, support and guidance
from all which helped me in successfully completing this project work.

Shambhavi Pandey

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ENVIRONMENT PROTECTION ACT 1986- CRITICAL ANALYSIS

INTRODUCTION

Environment provides basic resources for virtually all socioeconomic activity in the world, it consists
of natural habitats, plants and animals that today form an irreplaceable global heritage. In sustainable
use of natural resources and balancing of biological and developmental concerns lies the solution for
substantive poverty alleviation. It follows therefore that the major thrust should be on development of
environmental acumen for protection of the natural living space of humankind and integration of
environmental realities in making decisions on all economic issues and activities. Same is not possible
without prevalence of an enriched environmental jurisprudence and regulatory framework.

The concern over the state of environment has grown the world over since the sixties. The decline in
environmental quality has been evidenced by increasing pollution, loss of vegetal power and
biological diversity, excessive concentration of harmful chemicals in the ambient atmosphere and in
food chains, growing risks of environmental accidents and threat to life support systems. From time to
time various legislations relating to protection of environment from specific types of pollution have
been passed by the Indian legislature. However, the Environment (Protection) Act, 1986 is the most
comprehensive act on the Indian statute book relating to environment protection. It is a general
legislation for the protection of environment. It was enacted under Article 253 of the Constitution.

The world community’s resolve to protect and enhance the environment quality found expression in
the decisions taken at the United Nations Conference on the Human Environment held in Stockholm
June, 1972. The Government of India participated in the conference and strongly voiced the
environmental concerns. While several measures had been taken for environmental protection, both
before and after the conference, the need for general legislation further to implement the decision of
the Conference had become increasingly evident.

Therefore the Environment (Protection) Act, 1986 was passed. A comprehensive Environment
(Protection) Act came into being in 1986 to remedy the lacunae noticed in the earlier laws and to
serve as a single legislation on the subject. The Constitution of India also provides for the protection
of the environment. Article 48A of the Constitution specifies that the State shall endeavour to protect
and improve the environment and to safeguard the forests and wildlife of the country. Article 51 A
further provides that every citizen shall protect the environment.

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Premises of the Act

It is now generally accepted that environment is threatened by a wide variety of human

activities ranging from the instinctive drive to reproduce its kind to the restless urge of
improving the standards of living, development of technological solutions to this end, the vast
amount of waste, both natural and chemical, that these advances produce. Paradoxically, this
urge to grow and develop, which was initially uncontrolled is now widely perceived to be
threatening as it results in the depletion of both living and non-living natural resources and
life support systems. The air, water, land, living creatures as well as the environment in
general is becoming polluted at an alarming rate that needs to be controlled and curbed as
soon as possible.

The 1986 Act was enacted in this spirit. From time to time various legislations have been
enacted in India for this purpose. However, all legislations prior to the 1986 Act have been
specific relating to precise aspects of environmental pollution. However, the 1986 Act was a
general legislation enacted under Article 253 (Legislation for giving effect to international
agreements.—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) of the Constitution,
pursuant to the international obligations of India. India was a signatory to the Stockholm
Conference of 1972 where the world community had resolved to protect and enhance the
environment.

The United Nations conference on human environment, held in Stockholm in June 1972,
proclaimed that “Man is both creator and molder of his environment, which gives him
physical sustenance and affords him the opportunity for intellectual, moral, social and
spiritual growth. In the long and tortuous evolution of the human race on this planet a stage
has reached when through the rapid acceleration of science and technology man has acquired
the power to transform his environment in countless ways and on unprecedented scale. Both
aspects of man’s environment, the natural and man made are essential to his well being and to
the enjoyment of basic human rights even the right to life itself”.

While several legislations such as The Water (Prevention and Control of Pollution) Act, 1974
and The Air (Prevention and Control of Pollution) Act, 1981 were enacted after the

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Conference, the need for a general legislation had become increasingly evident. The EPA was
enacted so as to overcome this deficiency.

OBJECT AND PURPOSE OF THE ENVIRONMENT (PROTECTION) ACT, 1986:

The Environment (Protection) Act, 1986 extends to the whole of India and it came into force
on November 19, 1986. After the enactment of Water (Prevention and Control of Pollution)
Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, it was thought that there
should be a general legislation for environmental protection as well as for coordinating the
activities of various regulatory agencies. Need was felt to create authority with adequate
power for environment protection, regulation of discharge, handling of hazardous
substances, speedy response to accidents threatening environment and deterrent punishment
to those who endanger human environment, safety and health.

Following are the objectives of EPA, 1986: ·

(i) To implement the decisions made at the U.N. Conference on the Human
Environment held at Stockholm in June, 1972. ·
(ii) To co-ordinate activities of the various regulatory agencies under the existing laws
and creation of an authority or authorities for environment protection.
(iii) To provide for deterrent punishment to those who endanger human environment,
safety and health. ·
(iv) To ensure sustainable development is also one of the goals of the EPA, 1986. If
the act is not armed with the powers to ensure sustainable development, it will
become a barren shell. ·
(v) To enact general law on environmental protection which could cover uncovered
gaps in the areas of major environmental hazards as the existing laws generally
focused on specific types of pollution or on specific categories of hazardous
substances and some major areas of environmental were not covered.

In short, the EPA, 1986 aims at protecting and improving the environment and prevention
of hazards to human beings, other living creatures, plant and property.

IMPORTANT DEFINITIONS:

1.Environment [Section 2(a)]: Environment includes water, air and land and the inter
relationship which exists among and between water, air and land and human beings,
other living creatures, plants, microorganisms and property.

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2. Environmental Pollutant [Section 2(b)]: Environmental Pollutant means any solid,
liquid or gaseous substance present in such concentration as may be, or tend to be,
injurious to environment.

3. Environmental Pollution [Section 2(c)]: Environmental pollution means the presence in

the environment of any environmental pollutant.

4. Handling [Section 2(d)]: Handling, in relation to any substance, means the

manufacture, process, treatment, destruction, conversion, offering for sale, transfer, or the
like of such substance.

5.Hazardous Substance [Section 2(e)]: Hazardous substance means any substance or

preparation which, by reason of its chemical or physicochemical properties or handling,
is likely to cause harm to human beings, other living creatures, plants, microorganisms,
property, or the environment.

6. Occupier [Section 2(f)]: Occupier in relation to any factory or premises means a person
who has control over the affairs of the factory or premises and includes, in relation to any
substance, the person in possession of the substance.

POWER OF THE CENTRAL GOVERNMENT TO TAKE MEASURES TO

PROTECT AND IMPROVE ENVIRONMENT:

The Central Government has the power to take all such measures as it deems necessary
for the purpose of protecting and improving the quality of environment and preventing,
controlling and abating environmental pollution. Such measures may include:

(a) Co-ordination of actions by the State Government officers and other authorities under
this act or under any law.

(b) Planning and execution of nation- wide programmes for the prevention, control and
abatement of environmental pollution.

(c) Laying down standards for the quality of environment in the various aspects.

(d) Laying down standards for the emission or discharge of environmental pollutants.

(e) Restriction of areas in which any industry, operation or process shall be carried out.

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(f) Laying down procedures and safeguards for handling of hazardous substances.

(g) Examination of manufacturing processes, materials and substances which are likely to
cause environmental protection.

(h) Carrying out and sponsoring investigations and research relating to problems of
environmental pollution.

(i) Establishment and recognition of environmental laboratories.

(j) Such other matters as the Central Government may deem necessary of the purposes of
securing effective implementation of this Act.

Under section 3(3), the Central Government may constitute an “authority” or

“authorities” to exercise powers and perform functions as mentioned above. The Central
Government is also having the power to appoint officers to exercise powers and perform
functions under this Act. It is submitted that very wide power has been conferred under
section 3(3) of the EPA, on the Central Government to constitute any “authority” to
exercise powers and perform functions mentioned in the act. The Central Govt. under this
section can implement the suggestion of the SC for establishment of “environment
courts” which alone should be empowered to deal with all the matters, civil and criminal
relating to environment.

Powers of the Court

The Act does not curtail the powers of the Supreme Court. It has from time to time in various
matters issued directions and orders to control pollution. Some such important cases
pertaining to protection of environment are:

The SC in various cases has directed the Central Govt to constitute “authority” under section
3(3) of the EPA. In Vellore Citizens’ Welfare Forum v. Union of India1 the SC observed:

“The main purpose of the EPA is to create an authority or authorities under section 3(3) of
the act with adequate power to control pollution and protect the environment. It is pity that
till date no authority has been constituted by the Central Govt.”

1
1996 5 SCC 647

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Thus, the Court directed the Central Govt. to constitute an authority and confer on this
authority all the powers necessary to deal with the situation created by tanneries and other
polluting industries in the State of Tamil Nadu.

The Central Govt. accordingly constituted the “Loss of Ecology (Prevention and Payment of
Compensation) Authority” for the State of T.N. which was also conferred with the power to
implement the “polluter pays principle”.

While explaining the scope of sections 3,4 and 5 of the EPA, the Bombay HC in Sneha
Mandal Co-op Housing Society Ltd. v. Union of India 2 observed that sections 3,4 and 5 of the
EPA authorize the Central Govt. plenary powers to take all steps and measures as it deems
necessary or expedient for the purposes of protecting and improving the quality of
environment and for the purposes of preventing, controlling and abating environmental
pollution. Sec 5 gives specific powers to the Central Govt. for issuing directions in writing
time to time to any person, officer or any other authority in connection with the Act which
such person is bound to comply with. However, the Central Govt. while issuing the
notifications has to balance various interests including economic, ecological, social and
cultural. While economic development should not be allowed to take place at the cost of
ecology or by causing widespread environment destruction and violation, at the same time,
the necessity to preserve ecology and environment should not hamper economic and other
development. Both development and environment must go hand in hand. In other words,
there should not be development at the cost of environment and vice versa.

In M.C. Mehta v. UOI3, it was brought to the notice of the court that Ministry of Environment
and Forests, GOI under sec 3(3) of the EPA has constituted the Environment Pollution
(Prevention and Control) Authority for National Capital Region. The court observed that the
step taken by the govt. is appropriate and timely and the above authority will deal with entire
matters relating to environmental pollution in the National Capital Territory Region. It was
further pointed out that except for the Chairman, Central Pollution Board being an ex-officio
member of the authority, the remaining members would be in the Committee not merely by
virtue of their office but because of the personal qualifications on account of which they were
included in the committee.

In S. Jagannath v. UOI4 , the SC directed the Central Govt. to constitute an “authority under
Sec 3(3) of the EPA and confer all powers necessary to protect the ecologically fragile
2
AIR 2000 Bom 121
3
AIR 2000 Guj. 33
4
(1997) 2 SCC 87

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coastal area, sea- shore, waterfront and other coastal areas esp. to deal with the situation
created by shrimp culture industry in those areas.

In M.C. Mehta v. UOI5, the SC held that the directions given by the Environment Pollution
(Prevention and Control) Authority constituted under sec 3 of the EPA are final and binding
on all persons and organizations concerned and they are bound to follow the same. The object
and purpose of the act is “to provide for the protection and improvement of environment”,
could only be achieved by ensuring strict compliance with its directions. Therefore, the
directions or conditions put forward by the act need be strictly complied with.

The Central Govt. has also the power to make rules to regulate environment pollution. The
govt. in exercise of this power has already enacted “The Environment (Protection) Rules,
1986 which also came into effect on November 19, 1986.

OFFENCES AND PENALTIES:

1. Penalty for contravention of the provisions of the Act, Rules, Orders and Directions:
One of the objectives of EPA is to provide for deterrent punishment to those who
endanger human environment, safety and health. Sec 15 of the EPA provides that any
person who fails to comply or contravenes any of the provisions of the Act, or the
rules made or orders or directions issued under the act or rules, then for such failure or
contravention, he shall be punishable :- a) With imprisonment for a term which may
extend to 5 years, b) With fine which may extend to one lakh rupees, c) With both. In
case the failure or contravention continues after the conviction for first failure or
contravention, an additional fine which may extend to five thousand for every day can
be imposed for a period during which failure or contravention continues. If the failure
or contravention continues beyond a period of one year after conviction, the offender
shall be punishable with imprisonment for a term which may extend to seven years.

2. Offences by Companies and Government Departments: Sec 16 of EPA incorporates

the principle of “vicarious liability” of the person incharge , Director, Manager,
Secretary or other officer, for the offence if committed by the company. When any
offence is committed by the company then the company as well as the person directly
incharge of and responsible for the conduct of the business of the company shall be
deemed to be liable to punishment. However, the person incharge of responsible for
the cinduct of business of the company is no held liable if he proves:

5
AIR 2000 Guj. 33

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a) That the offence was committed without his knowledge,

b) That he exercised all due diligence/ care to prevent the commission of such offence.

In Suo Motu v. Vatva Industries Asson, it was held that the pollution control board and its
officers are free and competent to take action against any person on violating any provisions
of the environmental laws. They need not wait for any direction of the court for taking action
under the law.

Who can make the Complaint?

A complaint under this act can be made by: a) The central govt. or any other authority by that
govt. or, b) Any person who has given notice of not less than 60 days of the alleged offence
and of his intention to make complaint to the Central Govt. or the authorized officer.

Salient Features of Environment (Protection) Act, 1986

As compared to all other previous laws on environment protection, the Environment (Protection) Act,
1986 is a more effective and bold measure to fight the problem o pollution.

 The genesis of the Environmental (Protection) Act, 1986, thus, is in Article 48A (Directive
Principles of State Policy) and Article 51A (g) (Fundamental Duties) of the Indian
Constitution.
 Soon after the United Nations Conference on the Human Environment held at Stockholm in
1972, the Water (Prevention and Control of Pollution) Act, 1974 came on the statute book.
The Air (Prevention and Control of Pollution) Act came in 1981 and finally came the
Environment (Protection) Act, 1986.
The Environment (Protection) Act, 1986 has 26 Sections and it has been divided into four
chapters relating to i) Preliminary, ii) General Powers of the Central Government, iii)
Prevention, Control, and Abatement of Environmental Pollution, iv) Miscellaneous.
 The Act consists of and deals with more stringent penal provisions. The minimum penalty for
contravention or violation of any provision of the law is an imprisonment for a term which
may extend to five years or fine up to one lakh rupees, or both. The Act also provides for the
further penalty if the failure or contravention continues after the date of conviction. It is Rs.
5000/- per day. If the failure of contravention continues beyond the period of one year, then
the offender is punished with imprisonment for a term which may extend to seven years.

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 The Act empowers the Central Government to take all appropriate measures to prevent and
control pollution and to establish effective machinery for the purpose of protecting and
improving the quality of the environment and protecting controlling and abating
environmental pollution.
 The Central Government or any other person duly authorised is empowered to collect the
samples of air, water, soil or other substances as evidence of the offences under the
Environment (Protection) Act, 1986.
 The Act prescribes a special procedure for handling hazardous substances and the concerned
person has to handle the hazardous substances according to the procedure of the Act.
 protecting and improving the quality of the environment and protecting controlling and
abating environmental pollution.
 The Central Government or any other person duly authorised is empowered to collect the
samples of air, water, soil or other substances as evidence of the offences under the
Environment (Protection) Act, 1986.
 The Act prescribes a special procedure for handling hazardous substances and the concerned
person has to handle the hazardous substances according to the procedure of the Act.
 The Environment (Protection) Act, 1986 has relaxed the rule of “Locus Standi” and because
of such relaxation even a common citizen can approach the Court provided he has given a
notice of sixty days of the alleged offence and his intention to make a complaint to the Central
Government or any other competent authority.
 In the commission of the offence under this Act by Government Department, the Act holds
the Head of the Department as guilty of the offence unless the head of the Department proves
that the offence was committed without his knowledge or that he exercised all due diligence
to prevent the commission of such offence.
 This Act also empowers and authorises the Central Government to issue directions for the
operation or process, prohibition, closure, or regulation of any industry. The Central
Government is also authorised to stop, regulate the supply of electricity or water or any other
service directly without obtaining the order of the Court in this regard.
 The Environment (Protection) Act, 1986 grants immunity to the officers of the Government
for any act done under the provisions of this Act or under the powers vested in them or
functions assigned to them under this Act.
 The Central Government is also empowered to enter and inspect any place through any
person or through any agency authorised by Central Government.

CONCLUSION:

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In conclusion, environment pollution are affecting not only individual but also entire
countries all over the world. The awareness towards improving the quality of environment has
increased substantially and all efforts are being made at different levels to minimize
environmental pollution and thus help in improving the quality of life. Management of
environment means the proper utilization, conservation preservation, control and recycling of
the resources for maintaining a balanced ecosystems. The main focus of environment
management is, thus, to avoid the over-use, misuse and abuse of the natural resources. The
effective environmental management is the optimum allocation of finite resources among the
various possible uses and it has to be based on scientific and technological approach which
takes full note of socioeconomic parameters and compulsions. Environmental management is
an interdisciplinary approach to resource conservation and it acts as a regulatory force on
human wantonness in resource wasting. In India the Twelfth Five Year Plan has emphasized
the need for sound environmental management which includes environmental planning,
protection, monitoring, assessment, research, education, and conservation as major guiding
factors for national development. Environmental pollution is a world-wide phenomenon;
therefore, there is a need to have a coordinated administrative structure from international
level to national levels so that the environmental problems may be tackled in a coordinated
and co-operative way.

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BIBLIOGRAPHY

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