Environmen

t Protection
Act
Yashika, Sneha, Mariam, Nandini,
Shraddha & Shreya
INTRODUCT
ION
Event:
A disaster occurred on the night of December 2-3, 1984, at the Union Carbide India Ltd
pesticide facility. This catastrophe affected around 500,000 people. People who were
 
exposed are still suffering as a result of the gas leak’s long-term health impacts. Chronic
eye difficulties and respiratory problems were some issues due to it. Children who have
been exposed have stunted growth and cognitive impairments. More than 8,000 people
died in just three days after the event.
Involved parties:
UCIL, UCC, Government of India
 

BHOPAL GAS TRAGEDY

1984
Bhopal disaster, chemical leak in 1984 in the city of Bhopal, Madhya Pradesh state, India. At the
time, it was called the worst industrial accident in history. On December 3, 1984, about 45 tons of
the dangerous gas methyl isocyanate escaped from an insecticide plant that was owned by the Indian
subsidiary-UCIL of the American firm Union Carbide Corporation(UCC). The gas drifted over
the densely populated neighborhoods around the plant, killing thousands of people immediately and
creating a panic as tens of thousands of others attempted to flee Bhopal. The final death toll was
estimated to be between 15,000 and 20,000.
Some half a million survivors suffered respiratory problems, eye irritation or blindness, and other
maladies
  resulting from exposure to the toxic gas; many were awarded compensation of a few
hundred dollars. Investigations later established that substandard operating and safety procedures at
the understaffed plant had led to the catastrophe.
WHY IT HAD HAPPENED?

1. Corporate Negligence
This point of view argues that the disaster was caused by a potent combination of under-maintained and decaying facilities,
a weak attitude towards safety, and an undertrained workforce, culminating in worker actions that inadvertently enabled
water to penetrate the MIC tanks in the absence of properly working safeguards.
2. Worker Sabotage
This point of view argues that it was not physically possible for the water to enter the tank without concerted human effort,
and that extensive testimony and engineering analysis leads to a conclusion that water entered the tank when a rogue
individual employee hooked a water hose directly to an empty valve on the side of the tank. This point of view further
argues that the Indian government took extensive actions to hide this possibility in order to attach blame to UCC.
AFTERMATH OF THE
DISASTER
In the United States, UCC was sued in federal court. In one action, the court recommended that UCC pay between $5
million and $10 million to assist the victims. UCC agreed to pay a $5 million settlement. The Indian government,
however, rejected this offer and claimed $3.3 billion. In 1989, UCC agreed to pay $470 million in damages and paid
the cash immediately in an out-of-court settlement.
Warren Anderson, the CEO and Chairman of UCC, was charged with manslaughter by Bhopal authorities in 1991.
He refused to appear in court and the Bhopal court declared him a fugitive from justice in February 1992. Despite the
central government’s efforts on the United States to extradite Anderson, nothing happened. Anderson died in 2014
without ever appearing in a court of law. UCC agreed to take the moral responsibility and paid a claim of $470
million to the government. According to Bhopal Gas Tragedy Relief and Rehabilitation Department, by the end of
October 2003, compensation was awarded to 5,54,895 people for injuries received and 15,310 survivors of those
killed.
INTRODUCTION
Environment Protection Act, 1986

- enacted in May 1986 and came into force on 19

November 1986

- protection and improvement of the

environment

- empowers the Central Government to establish

authorities

- result of the United Nations Conference on

Human Environment, held in Stockholm in 1972.

- under Article 253 of the Indian constitution

SCOPE
As told already, the act came into existence in 1986 and extends to the
whole of India.
It is mainly focused on prevention and control of the environmental pollution. Whole of
India
⮚ It fixes responsibility on persons carrying-
-Industrial operations
-Handling hazardous substances- paint, petroleum products etc.,
to comply to the codes, standards and guidelines stated by the act.
The central government has been provided with certain powers as well relating to the
directions, rules and investigation in various areas which are given further.
Salient features of the Environment Protection Act
Under the Act, the Central Government is empowered to,
1. Take requisite measures to protect and improve the environment.
2. Coordinate the actions of State governments, authorities, and officers.
3. Plan as well as execute national programs on the prevention, management, and abatement of environmental pollution.
4. Establish quality standards vis-a-vis environment including standards for discharge of pollutants.
5. Restrict areas where industries or their processes can or cannot be carried out.
6. Establish procedures and safeguards to prevent accidents conducive to environmental pollution.
7. Establish safeguards for the management of hazardous substances
8. Examine processes, substances, and materials liable to cause environmental pollution.
9. Encourage and sponsor research and innovation that relates to environmental problems.
10. Inspect premises, plants, or machinery and direct officers or authorities to take requisite measures to prevent, control, and abate
environmental pollution.

 
11. It bars the discharge and emission of any environmental pollutant beyond the standard limits by any person carrying
industrial operations.
12. Stringent penalties have been prescribed for transgressing any provisions of this Act.
13. Under the Act, the person in charge of a place is obligated to inform the appropriate authorities of any accidental discharge of
pollutants exceeding the specified limits. Once informed these authorities will take requisite remedial steps to mitigate the
pollution caused and the expenses for the same would be recoverable from the polluter subject to interest.
14. The officers empowered by the Central Government can take samples of air, water, soil, or any other substance from any
factory or premises for analysis.
15. This Act provides for lie establishment of environmental laboratories that work to pretend the environment and people from
contamination.
16. The jurisdiction of Civil Courts has been barred under this Act.
Objectives and Purposes of Environment Protection Act

1. The main objective of this Act is to "provide for the protection and improvement of the environment and all matter connected with
it”
2. Most importantly, it aims to implement the decisions reached at the UN Conference on Human Environment which was held in
Stockholm in June 1972
3. The previous environment-related laws were all very specific and due to the same, they left certain gaps. This Act serves the
purpose of covering all those gaps left behind by previous laws by having a general and wider scope.
4. The Act aims to facilitate effective coordination between the different central and state authorities indulged in environment
protection and preservation, as established by existing laws.
5. It aims to confer the Central Government with wide powers to carry out effective environment protection measures as it sees fit.
6. It aims to lay down a detailed structure that would provide more stability and clarity on the environmental laws of the country.
7. It also aims to provide deterrent punishment to those who endanger the environment, health, and safety.
BENEFITS OF ENVIRONMENTAL LAW

1) Protects public health: The Environment Act aims at reducing the emission of carbon dioxide into the environment.
This helps maintain clean and fresh air within the atmosphere which ultimately contributes towards the better health of
society.

2) Maintain legacy for future generation: The Environment Act in India not only protects the people of the current
generation; but it also provides benefits to the people of the upcoming generation. The Environment Act makes sure that
the current population will serve the future generations.

3)Preserves ecological integrity: Another benefit of the Environment Act in India is that it empowers communities and
protects the environment by taking action against the polluters and strengthening the ecological balance.
4) Proper waste management: Waste management helps protect the environment and makes sure that the
process of waste management doesn't interfere with the environment. The law instructs the industries that they
must dispose of waste materials according to the set standards and procedures.

5. The Environment Act (1986): This act gives power to the Central Government to Follow certain measures
that set standards for the industrial units and give them instructions to improve the environment. This act covers
all forms of pollution - air, water, soil and noise pollution. It also makes sure that the safety standards are
followed.
GENERAL POWERS
OF CENTRAL
GOVERNMENT
⮚ The general powers have been granted to the Central Government under Section3 of
the Act and that is to take all measures required for protecting and improving the
quality of the environment and these measures are to be in respect with:

a. Laying down standards for quality of environment in various aspects and for emission
or discharge controls from various sources. There are different standards for different
sources.
b. Planning and execution of a nationwide programs for the prevention, control and
abatement of environmental pollution.
c. Coordination of the acts of state government, officers and other authorities. the
activities can be under this law or any other law enforced during the time being which
matches the objects of the act.
Other powers of the Central Government are as follows:
P.CILLIA is MEE
1. Preparing manual, codes or guides relating to prevention and control of
environmental pollution.
2. Collecting and distribution of information in respect of matters relating to the
environmental pollution.
3. Inspection of premises, plant, equipment, machinery and giving, by order, of such
directions to such authorities, officers or persons at it may consider necessary for the
prevention of pollution.
4. Laying down of procedures and safeguards for the prevention of accidents which
lead to environmental pollution.
5. Laying down procedures and safeguards for the handling of hazardous substances.
6. Investigation or sponsoring investigation and research relating to problems of
pollution.
7. Mentioning the remedial measures for the accidents that maybe the cause
environmental pollution.
8. Establishing or giving recognition to environmental laboratories and institutes to carry
out functions entrusted to them
9. Examination of processes, materials and substances that may lead to environmental
pollution.
10. Any other matter that the CG may deem necessary.
The CG also has the authority to give directions in writing to any person, officer or any
authority under Section 5.
It includes-
a. The closure, prohibition or regulation of any industry, operation or process or
b. stoppage, regulation of the supply of electricity or water or any other service.
However, these directions can only be given after the other party had been given a
chance of being heard.
Along with this, the CG also has power to appoint officers and their powers and
functions under Section 4.
These officers maybe subject to general control and direction of any authority
constituted under Section 3(3).
Power to make rules to regulate
environmental pollution

CG by notification in Official Gazette makes rules for all or any of the following matters;

i. the standards of quality of air, water, or soil for various areas and purposes

ii. the maximum allowable limits of concentration of various environmental pollutants

(including noise) for different areas;

iii. the procedures and safeguards for the handling of hazardous substances

iv. the prohibition and restrictions on the handling of hazardous substances in different
areas

v. the prohibition and restriction on the location of industries and the carrying on
process and processes in different areas

vi. the procedures and safeguards for the prevention of accidents which may cause
environmental pollution and for providing for remedial measures for such accidents.
Power to make rules

CG by notification in Official Gazette makes rules to carry out the purposes of the Act;

a) the standards in excess of which environmental pollutants shall not be discharged or

emitted under section 7

b) the procedure in accordance with and the safeguards in compliance with which
hazardous substances shall be handled or caused to be handled under section 8

c) the authorities or agencies to which intimation of the fact of occurrence or

apprehension of occurrence of the discharge of any environmental pollutant in excess
of the prescribed standards shall be given and to whom all assistance shall be bound
to be rendered under sub-section (1) of section 9

d) the manner in which samples of air, water, soil, or other substance for the purpose of
analysis shall be taken under sub-section (1) of section 11

e) the form in which notice of intention to have a sample analyzed shall be served under
clause (a) of subsection (3) of section 11
Power to make rules

(f) the functions of the environmental laboratories the procedure for the submission to
such laboratories of samples of air, water, soil, and other substances for analysis or test
the form of laboratory report; the fees payable for such report and other matters to enable
such laboratories to carry out their functions under sub-section (2) of section 12;

(g) the qualifications of Government Analyst appointed or recognized for

the purpose of analysis of samples of air, water, soil, or other substances under section 13

(h) the manner in which notice of the offence and of the intention to
make a complaint to the Central Government shall be given section 19(b)

(i) the authority of officer to whom any reports, returns, statistics,

accounts and other information shall be furnished under section 20;

(j) any other matter which is required to be, or may be, prescribed.
Rules made under this Act to be
laid before Parliament
- Laid down as soon as after its made before each House of Parliament, while it is in
session for a total period of thirty days comprised in one or two or more successive
sessions.

- In case both Houses agree in making any modification in the rule or both agree that
rule should not be made, the rule shall have effect only in such modified form or be of
no effect.

- Any modification shall be without prejudice to the validity of anything previously

done under that rule. [Section 26]

CG in exercise of its powers conferred by section 6, 8, and 28 of the Act framed the
following rules;

(a) The Hazardous Wastes (Management and Handling) Rules, 1989

(b) The Manufacture, Storage, and Import of Hazardous Chemicals Rules, 1989
-
CASE
STUDY
Narula Dyeing and Printing Works
v. Union of India (1995)
Facts
The Narula Dyeing and Printing Works were allegedly discharging
untreated pollutants into an irrigation canal resulting in significant
water pollution. The State Government as well as Gujarat State
Pollution Control Board issued directions under Section 5 of the
Environment Protection Act to close down the factory. The Petitioners
challenged this order citing that no personal hearing was provided to
them and no time was granted to comply with the said directions.

Issue
Were the State Government and the Board right in closing down the
factory without providing an opportunity for a personal hearing to the
petitioners?
Narula Dyeing and Printing Works
v. Union of India (1995)

Held
The Gujarat High Court held that the government was absolutely right
in issuing the orders for closing down the factory under Section 5. In
cases where there is a grave injury caused to the environment, the
government is empowered to dispense with the opportunity of
hearing. It is intended to protect the environment from serious damage
done by discharging untreated effluents.
Prevention , control
and Abatement of
environmental
pollution
People carrying on any industry operation, etc are not allowed to
emission or discharge environmental pollutants in excess of
standards according to section 7.

No person shall handle hazardous substances except in

accordance with safeguards as are prescribed according to section 8
Furnishing of information to authorities and agencies
in certain cases
1. The person is responsible and the person in charge of discharge and for the place, bound to prevent the environmental
pollution

a. intimate the fact of such occurrence

b. be bound to render all assistance to authorities and agencies

2. Remedial measures to be taken by the authorities to prevent the environmental pollution

3. The expenses, incurred by any authority or agency with respect to the remedial measures, together with interest
Powers of Entry and Inspection
1. Government may empower any person to enter and inspect and at any place at following purpose

a. for performing any functions of the central govt

b. determining in what manner any such functions are to be performed or rules made or any notice,

order, direction, or authorization served .., under this act

c. Examining and testing equipment, industrial plant, record, register, document or any other material in which he has
reason to believe that an offense under this act, for seizing any such equipment

2. Every person carrying out any industry operation handling hazardous substance shall be bound to render all assistance to the
person
3. If any person wilfully delays with person empowered by the central government in the performance of his functions, he shall
be guilty of any offense this act

4. The provision of the code of criminal procedure, 1973 in relation to the state of Jammu and Kashmir, any area in which the
code is is not forced apply to any search and seizure under this section, warrant issued by the authority under section 9
POWER TO TAKE SAMPLE AND PROCEDURE TO THE FOLLOWED
The central government or an officer empowered on its behalf, shall have power to take, for the purpos of analysis, samples of
air, water soil or other substance from any factory premises.

The result of any analysis of a sample cannot be admitted as evidence in any legal proceeding unless the following provision are
complied with

1. The person taking the sample shall:

a. Serve on the occupier or his agent or person in charge of place, a notice, then and there in such form as may be prescribed.

b. In the presence of the occupier or his agent or his person collect a sample for analysis

c. The sample to be placed in a container which shall be marked and sealed and shall be signed both by the person taking the
sample and the occupier or his agent

d. Send without delay , the container or the containers to be laboratory established or recognized by the central government under
section 12
2. When a sample is taken for analysis and the person taking the sample serves on the occupier or
agent or person, a notice, then the person taking the sample may have recourse to the following:

i. In case the agent or the in-charge person willfully absents himself, collect the sample for analysis
to be placed in a container which shall be marked and sealed and shall also be signed by the sample
collector.

ii. In case the agent or the in-charge person is present at the time of taking the sample refuses to sign
the marked and sealed container of the sample, he himself (sample collector) shall sign the same.

3. Under section 13, the sample collector should inform the Analyst in writing about the willful absence
of the agent at the time of sample collection or as the case maybe, refusal to sign the container.
• Under section 12 of Environmental Protection Act 1986, the Central Government empowers-

1. To establish one or more Environmental Laboratories ;

2. Recognize one or more laboratories as Environmental Laboratories to carry out the functions
as per Environmental Protection Act 1986.

• Section 12 also empowers the Central Government to make rules stating-

1. Functions of the laboratory.
2. Procedure for the submission of the sample to the laboratory.
3. Analyzing samples of air, water or soil substances.
4. Dispatching reports and fees payable.

• The Central Government is empowered to appoint laboratories only with prescribed qualifications to be a
Government Analyst.
Accreditations required to be an authorized Laboratory are-

1. NABL- National Accreditation Board for Testing and Calibration

Laboratories

2. MOEF- Ministry of Environment, Forest and Climate Change

3. NABET- National Accreditation Board for Education and Training

OFFENCES AND PENALTIES

If any Environmental laboratories fail to comply any contravention of the provision of the Environmental Act, then

• They will be punishable with the fine of 1 lakh rupees or 5 years of imprisonment, or with both.

• In case the contravention continues, it may lead to additional fine of Rs 5000 everyday.

• If the failure or contravention continues beyond a period of one year after the date of conviction, the person
responsible will be imprisoned for a period of 7 years.
ENVIRONMENTAL AUDIT

• Introduced as a self- regulative system in India.

• According to Environmental Protection Act, the Environmental Audit should be completed by 1 st

September
every year.

• All the audit reports should be submitted to the State Pollution Control Board.

• Laboratories operating under air or water act has to submit reports before 31 st March to the State
Pollution
Control Board.
Schemes Launched by
the Government
Towards a Greener and
Cleaner India
1- Namami Gange Program

Launched in 2014, Namami Gange Program is an Integrated Conservation Mission

with a budget outlay of Rs. 20,000 crores. 
The objectives of the Program are the abatement of pollution and conservation
and rejuvenation of the National River Ganga.

Key Achievements:
1- Collection of floating solid waste from the surface of ghats and rivers.
 
2- Biodiversity Conservation and Ganga Rejuvenation.

3- Creation of Sewerage treatment capacity.

4- Construction of toilets in Gram Panchayats of 5 Ganga Basin States.

5- Industrial Effluent Monitoring.

Around 147 projects under this program have been completed.

2- Swachh Bharat Abhiyan
Launched on October 2, 2014, on the birth anniversary of Mahatma Gandhi, Swachh Bharat Abhiyan aims to
eradicate open defecation and improve solid management. 
The mission was split into two-- rural and urban.
In rural areas, the mission was overseen by the Ministry of Drinking Water and Sanitation whereas,
in urban areas, it was overseen by the Ministry of Housing and Urban Affairs. 

Key Achievements:

1- 26,563 Swach Bharat Activities done.

2- 84,720 Swach Bharat Pledges taken.

3- 6,106 Swach Bharat Pakhwada Activities done.

4- Around 110 million toilets constructed between 2014 and 2019.

3- Jal Jeevan Mission
Launched in August 2019, Jal Jeevan Mission envisages a supply of 55 litres of water per person per day to every rural
household through Functional Household Tap Connections (FHTC) by 2024.
Rs 3,50,000 crore will be spent on 1592 stressed blocks in 256 districts. The fund sharing pattern between the Centre and
states is 90:10 for Himalayan and North-Eastern States, 50:50 for other states, and 100% for Union Territories.

Key Achievements:
Local infrastructure for rainwater harvesting, groundwater recharge and management of household wastewater for reuse.

4- Nagar Van Scheme

Launched on the occasion of World Environment Day 2020, the Nagar Van Scheme aims at developing 200 Urban
Forests pan India in the coming five years. 
It will be built either on the existing forest land or another vacant land in the cities across India offered by the local
bodies.

Key Achievements:
1- The work for Vidarbha's first urban forest on Koradi Road in Nagpur has started.
2- Panaji to get an urban forest in Goa along the Miramar-Caranzalem beachfront.
3- Ranchi to get two urban forests.
5- Atal Bhujal Yojana (ABHY)
Launched on December 25, 2019, on the 95th birth anniversary of former PM Atal Bihari Vajpayee,  Atal Bhujal Yojana
aims to improve groundwater management in 7 Indian states over a period of 5 years. 
Under the Rs. 6,000 crore scheme, 78 districts, 193 blocks and 8350-gram panchayats have been included.

Key Achievement:
The scheme is implemented in various districts of seven priority states-- Gujarat, Haryana, Karnataka, Madhya Pradesh,
Maharashtra, Rajasthan and Uttar Pradesh. 

6- National Clean Air Program

Launched in January 2019, aims to reduce air pollution by at least 20-30% in the next five years, with 2017 as its base
year. 
The mission aims at reducing the concentration of coarse (PM10) and fine particles (PM2.5) by at least 20% by 2024.
However, NGT has directed MOEFCC to reduce the mentioned timeline and to increase the target of reduction. 

Key Achievements:
1- Implementation of the city-specific action plans.
2- Integrated Command and Control Center's (ICCCs) in smart cities.
3- Shift to CNG vehicles.
“
Q/A ROUND
“
What are the 3 accreditations required for an
Environmental laboratory to be approved by the
Central Government?

A. FSSAI, NABL, NABET

B. NABL, NABET, MOEF

C. ISO, MOEF, NABET

OPTION B
“
Name any 2 environmental protection schemes
drafted by the government.

National Clean Air Program

Atal Bhujal Yojana (ABHY)
Nagar Van Scheme
Jal Jeevan Mission
Swachh Bharat Abhiyan
Namami Gange Program
2.
“
Which one of these is not an objective of Environmental protection act?

1. To provide protection and improvement of the environment.

To facilitate effective coordination between central and state authorities

indulged in environmental protection

3. To provide deterrent punishment to those who endanger the environment.

4. To allow release of hazardous industrial substances into the environment

without testing and treatment procedures.

OPTION 4
“
Under which section of the Act, the General powers have been granted to
the central government of the Act to take all measures for protecting and
improving the quality of the environment?

a. Under Section 4

b. Under Section 3

c. Under Section 3(3)

d. Under Section 5

OPTION B
“
Who has the power to take/collect the sample?

a. Central Government(CG)

b. Any officer

C. Person empowered by the CG

d. All of the above

OPTION D
THANKS
!