Introduction

Today, most discussions on

environmentalism in our country begin
with the Stockholm Conference (1972).
But, some ancient texts tell us that
our society paid more attention to
protecting the environment than we can
imagine. These texts tell us that it was
the dharma of each individual in
society to protect Nature, so much so
that people worshipped the objects of
Nature. Trees, water, land and animals
had considerable importance in our
ancient texts; and the Manusmriti
prescribed different punishments for
causing injury to plants. Kautilya is said
to have gone a step further and
determined punishments on the basis of
the importance of a particular part of
a tree. Some important trees were even
elevated to a divine position.
From this, what comes forth vividly is
that environmental
management and control of pollution was
not limited only to an individual
or a group, but society as a whole
accepted its duty to protect the
environment. The dharma of protecting
the environment was to sustain and
ensure progress and welfare of all. The
effort was not just to punish the
culprit, but to balance the eco-system as
well. In this attempt, the ancient
texts acted as cementing factors between
the right to exploit the environment and a
duty to conserve it - which is now
internationally recognized as the
concept of ‘sustainable development’.
Constitutional
provisions

Post independent India witnessed a

transformation in the policies and
attitude of the Government with reference
to environmental protectionism. The
Constitution of India, which came into
force on 26 January 1950, had a few
provisions regarding environmental
management, particularly under Part IV
of the Constitution of India. The most
important of all articles is Article 37
which declares that the directive
principles contained in Part IV of the
Constitution is “fundamental in the
governance of the country and it shall be
the duty of the State to apply these
principles in making laws”. Further
Article 39(b) provides that “the State shall
direct its policy towards securing the
ownership and control of the material
resources of the community so that they
are distributed as to best serve the
common good”.
• Article 47 provides ‘that the State
regard the rising of the level of
nutrition and the standard of living of
its people and the improvement of
public health as among its primary
duties.’ Article 48 directs that ‘the
State shall endeavour to organize
agriculture and animal husbandry
along modern and scientific lines and
take steps for preserving and
improving breeds while prohibiting
the slaughter of cows, calves and
draught cattle.’ Article 49 directs that
‘it shall be the obligation of the State
to protect every monument or place or
object of artistic or historic interest
declared to be of national importance
from spoliation, disfigurement,
destruction, removal, disposal or
export as the case may be’.

The year 1976 is a milestone in the

history of environmental management in
India. It was the year in which the
Parliament of India, drew upon the
commitment made by the then Prime
Minister of India, Mrs. Indira Gandhi, at
the United Nations Conference on Human
Environment held at Stockholm. The
views expressed at the Stockholm
Conference formed a core part of the
basic environmental philosophy of India
that found expression in various
governmental policy pronouncements in
subsequent years. These provisions are
as under:
• Article 48A provides for “Protection and
improvement of the environment and
safeguarding of forests and wild life. The
State shall endeavour to protect and
improve the environment and to
safeguard the forests and wild life of the
country.”4
• Inserted the Constitution (forty second
amendment) Act, 1976, adding two very
important provisions in the Constitution
of India i.e. Article 48 A and Part IV A
(Fundamental Duties) under Article 51
A(g).
Environment
protection act
Objectives

1. To implement the significant

decisions taken, relating to
environment safety and protection,
at the United Nations Conference on
the Human Environment held in
Stockholm in June 1972.
2. India already had some legislation
related to different aspects of the
environment but there was a need for
comprehensive legislation that filled the
gaps in the existing laws Thus, it was
enacted to bring general legislation in
environment protection and cover other
major areas of environmental hazards
that were previously uncovered.
3. To create new authorities for the
purpose of protecting and improving the
environment and also to coordinate the
activities of already existing authorities
constituted under previous laws.
4. To provide for stringent and deterrent
punishment to the offenders of the
natural environment who endanger its
safety and health.
5. To facilitate the growth of subordinate
and delegated legislation on ecologically
sensitive topics and environment
protection.
Need

The need for stringent legislation for

environment protection was felt in India
because of the following reasons:

1. The first was the Stockholm

Conference which highlighted
internationally, the impact human
activities were having on the
environment. Development and the
environment were at crossroads with
each other and the conference brought
into focus the urgency of their
reconciliation for the benefit of humanity
and the planet as a whole.

2. The second was the Bhopal Gas

Tragedy. It was about the leak of Oleum
gas from an industry that proved to be
fatal for the people around and the
environment. This incident underlined
the importance of regulating the
industries so that they do not get away
easily from the punishment of causing
harm to the environment.
3. Also, the need was felt because India
had some laws for protecting the
environment like the Air Act and Water
Act but there was no comprehensive law
that connected them and coordinated
their activities and functions.
Definitions (sec 2)

Section 2 of the Act defined various terms

used in its provisions. These definitions
are as follows:

1. Environment- Environment has been

defined to include air, water, and land,
and the inter-relationship among and
between air, water, land and human
beings, other living creatures,
microorganisms, plants and property.
2. Environment pollutant- A pollutant
is any substance in a solid, liquid, or
gaseous state, which when present in a
certain concentration can be injurious to
the environment.
3. Environment pollution- The presence
of an environmental pollutant in the
environment is called environment
pollution
4. Handling- Handling, in respect of any
substance, is deemed to imply its
"manufacture, processing, treatment,
package, storage, transportation, use,
collection, destruction, conversion,
offering for sale or its transfer.
5. Hazardous substance- It refers to any
substance or preparation which can
cause harm to humans, plants, other
living creatures, property, or the
environment due to its chemical or
physio-chemical properties or handling.
6. Occupier- In respect of any factory or
premises, it refers to the person who is in
control over the affairs of the factory or
premises, and in respect of any
substance, it refers to the person who is
in possession of that substance.
Powers of central
government

Section 3 empowers the Central

Government to take all such measures as
it deems necessary or expedient to
protect and improve the quality of the
environment, and to prevent, control, and
abate environmental pollution. Some of
these measures include:

1. To coordinate actions among state

governments, officers, and other
authorities.
2. To plan and execute nationwide
programs
3. To lay down standards for the quality
of different aspects of the environment
4 To lay down the standards for emission
or discharge of pollutants
5. To restrict the operation of certain
industries, processes, or operations in
specific areas
6. To lay down procedures and
safeguards for the prevention of
pollution-causing accidents and take
remedial measures
7. To lay down procedures and
safeguards for the handling of hazardous
substances
8. To examine the manufacturing
processes, materials, and substances
that are capable of causing pollution.
9. To carry out and sponsor
investigations and research on the issues
related to pollution.
10. To inspect the premises, plant,
equipment, machinery, manufacturing,
or other processes, materials, or
substances.
11. To establish or recognise
environmental laboratories and institutes
12. To collect and disseminate
information on pollution matters.
13. To prepare codes, manuals, or guides
related to the prevention, control, and
abatement of environmental pollution
14. Such other matters as the
government deem necessary or expedient.

The Central Government is also

authorised to constitute such
authority/authorities for the purpose of
exercising and performing such powers
and functions as the government may
delegate to it.
Prevention Control
and abatement of
environmental
pollution

Section 7- Emission or discharge of

environmental pollutants in excess of
the standards.

According to Section 7, it is prohibited

for any person to discharge or emit any
environmental pollutant in excess of the
prescribed standards from any industry,
operation, or process.
Section 8- Handling of hazardous
substances.
Section 8 lays down that all the persons
handling any hazardous substances shall do
so by complying with all the procedures and
safeguards as may be prescribed.
Sample analysis

Section 12- Environmental

laboratories

The Central Government is empowered to

establish one or more environmental
laboratories, or recognise any laboratory
as an environmental laboratory to carry
out the functions assigned under this Act
Rules regarding the functions,
procedures, and other matters related to
the environmental laboratory are to be
framed by the Central Government by
Notification in the Official Gazette.
Penal provisions

Section 15- General offences

Section 15 prescribes the penalty for

general offences committed under this
Act. if any person fails to comply with or
contravenes any provisions of this Act, or
rules made or orders or directions issued,
he would be punishable with
imprisonment for a term which may
extend to five years or with a fine up to
Rs. 1 Lakh, or with both. If the failure or
contravention continues, then an
additional fine which may extend to Rs.
5000 may be laid for every day the failure
or contravention continues. And if this
failure or contravention extends beyond
one year after the date of convection,
then the imprisonment can extend upto
seven years.
Section 16- Offences by
companies

For an offence committed by a company,

Section 16 holds responsible the person
who at the time the offence was
committed was in charge of and
responsible for the conduct of the
company as well as the company.
However, if it proved that any such
person was liable exercised due diligence
or that the offence was committed
without his knowledge. Also, if it is
proved that the offence was committed
with the consent, connivance, or
negligence of any director, manager,
secretary, another officer, then such
person shall be liable to be or proceeded
against.
It is also specified that company includes
anybody corporate a firm, or any other
association of individuals. The word
‘director’ also means ‘partner’ in relation
to a firm.

Section 17-Offences by
government departments

Section 17 lays down that for an offence

committed by a government department,
the Head of the Department shall be held
responsible unless he proves that the
offence was committed without his
knowledge or that due diligence was
exercised. However, if it is proved that the
offence has been committed with the
consent, connivance, or neglect of any
officer other than the Head of the
Department, then that officer shall be
proceeded against and punished
accordingly.

Other important provisions

under the EPA

Section 5A- Appeal to National Green

Tribunal

Section 5A provides for the provision to

appeal against an order or decision of the
Appellate Authority under Section 31, by
the aggrieved person. As per the Section,
the appeal can be filed to the National
Green Tribunal established under
Section 3 of the National Green Tribunal
Act, 2010.
Section 22-Bar of jurisdiction

Section 22 takes away the jurisdiction of

civil courts from entertaining any suit or
proceeding related to anything done or
direction issued by the central
government or an officer or authority in
order to discharge the functions assigned
by this Act
Important case
law

Vellore Citizens Welfare Forum v.

Union of India (1996)

Facts:

River Palar is a river in the State of Tamil

Nadu, which is also one of the main
sources of drinking and bathing water for
the surrounding people. The petition was
filed against excessive pollution caused
by tanneries and other industries in the
State. The Tamil Nadu Agricultural
University Research Centre also revealed
that a significant portion of agricultural
land had turned either partially or
completely unsuitable for cultivation
Issue:

Should the tanneries and industries be

allowed to operate at the expense of
damage to the surrounding environment?

Held:

The Court highlighted that the main

purpose of the Environment Protection
Act is to create an authority under
Section 3(3) with all the necessary
powers and functions to protect and
improve the environment. However, it
was disappointing that not enough
authorities were appointed for the same.
Thus, it directed the Central Government
to appoint an authority within one month
and confer on it all the adequate powers
required to deal with the situation
created by tanneries and other polluting
industries in Tamil Nadu. It also directed
the authority to implement the
‘precautionary principle’ and ‘polluter
pays principle’. A fund called
‘Environment Protection Fund’ was also
to be constituted. The compensation
received was to be employed for reversing
the damage done to the environment and
to the victims of the damage.
Conclusion
Post the Stockholm Conference and the Oleum
gas leak case, the concern for the environment
has magnified. The provisions of the
Environment (Protection) Act, 1986 mark a
positive step towards environment protection
and improvement. It has stipulated some
stringent regulations for the prevention, control,
and abatement of environment pollution. The
central government has been given a wide scope
of powers to frame rules and appoint authorities
to further the purposes of this Act. Additionally,
the Act has facilitated the coming of several
notifications for environment protection which
have introduced new protective principles like
the Environment Impact Assessment. It has
also empowered the citizens to play a proactive
role in environment protection by calling out the
pollution- causing industries under EPA which
has led to a string of environmentally sound
judicial decisions. However, there are still some
lacunas present in the Act that need to be filled
with subsequent amendments to update the Act
with changing times.
Bibliography
1.An Overview of Environmental
Jurisprudence in India. By:
Sukhvinder Singh Dari & Rangam
Sharma, JOURNAL OF GENERAL
MANAGEMENT RESEARCH, Symbiosis
Law School, Noida.

2. AN OVERVIEW OF
ENVIRONMENTAL
JURISPRUDENCE IN INDIA
Siddharth Sharma & Suhas K.
Hosamani, NLIU Law Review.

3. ENVIRONMENTAL LAW: ITS

DEVELOPMENT AND
JURISPRUDENCE By:
Madan B. Lokur Judge, Delhi High Court

4.Environment Protection Act, 1986

5. Blog.ipleaders.in