ENVIRONMENT PROTECTION ACT

Environment Protection Act (Passed in March 1986 and came into force on 19 November 1986 ) The Constitution of India clearly states that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. The department of Environment was established in India in This later became the Ministry of Environment and Forests in The EPA(Environment Protection Act),1986 came into force soon after the Bhopal gas tragedy and is considered an umbrella legislation as it fills many gaps in the existing laws. 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 in June,1972.

OBJECTIVES  To implement the decisions made at the U.N. conference on the Human Environment held at Stockholm in June,1972.  To co-ordinate activities of the various regulatory agencies under the existing laws and creation of an authority or authorities for environment protection.  To provide for deterrent punishment to those who endanger human environment, safety and health.  To ensure sustainable development.  To enact general law on environment protection which could cover uncovered gaps in the areas of major environmental hazards.  In short, the EPA,1986 aims at protecting and improving the environment and prevention of hazards to human beings, other living creatures, plants and property.

SCHEME OF THE ACT  The Environment protection act,1986 has 26 sections and it has been divided into four chapters relating to – 1.Preliminary, 2.General Powers of the Central Government, 3.Prevention, Control, and Abatement of Environment Pollution, 4.Miscellaneous.

PRELIMINA RY 1. Short title, Extent and Commencement 2. Definitions

Short title, Extent and Commencement  The Environment Protection Act, 1986 enacted under article 253 of the Indian constitution. To protect and improve environmental quality, control and reduce pollution from all sources.  (1) This act may be called the Environment (protection) Act,1986.  (2) It extends to the whole of India.  (3) It shall come into force on such date as the Central Government may, by notification in the Official gazette, appoint and different dates may be appointed for different provisions of this Act and for different areas.

IMPORTANT DEFINITIONS Environment [Section 2(a)] Environmental pollutant [Section 2(b)] Environmental pollution [Section 2(c)] Handling [Section 2(d)] Hazardous substance [Section 2(e)] Occupier [Section 2(f)]

General Powers of the Central Government To make rules to regulate environmental pollution ; to notify standards and maximum limits of pollutants of air, water, and soil for various areas and purposes; Prohibition and restriction on the handling of hazardous substances, and location of industries (Sections 3-8). Under Sec (3): It may constitute authority or authorities for the purpose of exercising of performing such of the powers and functions; Under Sec (4): It may appoint a person for inspection; Under Sec (5): It may issue directions in writing to any officers or any authority to comply; Under Sec (6): It empower the government to make rules to achieve the object of the Act. Under Sec (7): Persons carrying on industry,operation etc. not to allow emission or discharge of environmental pollutants in excess of the standards; Under Sec (8): Persons handling hazardous substances must comply with procedural safeguards.

Prevention, Control, and Abatement of Environmental Pollution  The Central Government has the power ta take all such measures as it deems necessary for the purpose of protecting and improving the quality of environment and preventing, controlling and abating environment pollution. Such measures may include : Co-ordination of actions by the State Government officers and other authorities under this act or under any law. Planning and execution of nation-wide programmes for the prevention, control and abatement of environmental pollution. Laying down standards for the equality of environment in the various aspects. Laying down standards for the emission or discharge of environmental pollutants. Restriction of areas in which any industry, operation or process shall be carried out. Laying down procedures and safeguards for handling of hazardous substances. Carrying out and sponsoring investigations and research relating to problems of environmental pollution. Establishment and recognition of environmental laboratories. 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.

OFFENCES AND PENALTIES Penalty for contravention of the provisions of the Act, Rules, Orders and Directions Offences by Companies and Government Departments

PENALTIES 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 up-to 5 years, b)With fine which may extend up-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 everyday 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.

OFFENCES Sec 16 of EPA incorporates the principal 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 business of the company shall be deemed to be liable to punishment. However, the person incharge of responsible for the conduct of the business of the company is no held liable if he proves: a)That the offence was committed without his knowledge, b)That he exercised all due diligence/care to prevent the commission of such offence.

Who can make the Complaint ? Complaint under this act can made by:  The Central Government or any other authority by that Government or,  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 Government or the authorized officer.

CASE STUDY BHOPAL GAS TRAGEDY

 The Bhopal gas tragedy was a gas leak incident in india, considered one of the world’s worst industrial catastrophes.  It occurred on the night of 2 nd December 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh.  A leak of methyl isocyanate (MIC) gas and other chemicals from the plant resulted in the exposure of hundreds of thousands of people. Factors leading to gas leak :  Storing MIC in large tanks and filling beyond recommended levels.  Poor maintenance ;  Safety systems being switched off to save money –including the MIC tank refrigeration system which could have mitigated the disaster severity,  The dependence on manual operations;  Use of a more dangerous pesticide manufacturing method.

Cause of disaster  Devastati on 

Environmental Rehabilitation  When the factory was closed in ,pipes,drums and tanks were sold. The MIC and the Sevin plants are still there, as are storages of different residues. Isolation material is falling and spreading.  The area around the plant was used as a dumping area for hazardous chemicals.  Tubewells in the vicinity of the UCC factory had to abandoned. UCC’s laboratory tests in 1989 revealed that soil and water samples collected from near the factory and inside the plant were toxic to fish.  In order to provide safe drinking water to the population around the UCC factory, there is a scheme for improvement of water supply.

CONCLUSION  The awareness towards improving the quality of environment need to be increased substantially.  Management of environment. It refers to proper utilization & conservation of resources,  Environmental pollution is world wide phenomenon so we must have co-ordinated structures at international level.  India is a soft state. We have sufficient laws but they lack implementation.