JAMIA MILLIA ISLAMIA

THE ENVIRONMENT
PROTECTION ACT
1986

SUBMITTED BY
JIJO RAJ P
BA.LL.B (VIII Semester)
SECTION B
JAMIA MILLIA ISLAMIA

ACKNOWELEDGEMENT

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This work on Environment Protection Act,1986 would not become possible without the helping
hands of my Professor Ghulam Yazdani and my fellow colleagues. I Thank Professor Ghulam
Yazdani and my fellow colleagues for their helping hands.

I also thank my parents and all my friends who helped me in completing this work on
Environment Protection Act, 1986. I hope this work will help you all in getting a better
understanding on Environment Protection Act, 1986.

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 TABLE OF CONTENTS

1. Acknowledgement. 2

2. Introduction. 4

3. Objectives 5

4. Environment Pollution. 5-7

5. Powers of Central Government. 7-8

6. Violation and Penalties under the Act 8-9

7. Conclusion 10

8. Bibliography. 11

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 INTRODUCTION

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 blue print for
a progressive policy for protecting the ecosystem. The Act seeks to supplement the existing laws
on control of pollution by enacting a general legislation for environmental protection and to fill
the gaps in regulations of major environmental hazards. However, as it turned out to be, it is at
best a paper or toothless tiger meant to assuage the feeling of the environment hazards. However,
as it turned out be, it is at best a paper or toothless tiger meant to assuage the feelings of the
environmentalists. The Act has been invoked in very few cases.

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The Environment Protection Act is an 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. Thus, as regards air pollution, apart from the preventive
or controlling measures under the Air Act, the residue protection of air would come within the
Environment Act. 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 blue
print for a progressive policy for protecting the ecosystem. The Act seeks to supplement the
existing laws on control of pollution by enacting a general legislation for environmental
protection and to fill the gaps in regulations of major environmental hazards. The objective of the
Environment Protection Act is much wider in comparison to water Act and Air Act. (While the
Air Act and Water Act deal with prevention and control of specific kinds of pollution, the
Environmental Protection Act deals with prevention and control of all sorts of pollution. Besides
prevention and control, the Act aims at protection and improvement of the Environment.

OBJECTIVES

According to the Preamble, the objective of the Environment Act is “……to provide for the
protection and improvement of environment and for matters connected therewith”. The Act is a
special law and extends to the whole of India.

ENVIRONMENT POLLUTION

The title of the Environment Act gives an impression that the law signifies a hallmark of a
change in emphasis from the narrow concept of pollution control to the wider aspects of
environmental protection. However, the definition of „Environment‟ under the Act may give a
negative impression.

Sec. 2 (a) of the Act defines the term Environment. According to section 2 (a), “environment
includes water, air and land and the interrelationship which exists among and between water, air
and land, and human beings, other living creatures, plants, micro-organism and property.”

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Sec. 2 (b) defines Environmental Pollutant. According to 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.

Sec. 2 (c) defines environmental pollution. According to section 2 (c), “environmental pollution"
means the presence in the environment of any environmental pollutant.

Section 2 shows as total lack of understanding of the modern concept of environmental pollution
and the factors that lead to the imbalance of the ecosystem. The modern concept of
environmental pollution is wider. It may be said that any sort of deviation of any substance from
its original place and removal of its origin is called environmental pollution because such
transferability may cause or tend to cause damage or injury to the nature. As for example, a plant
is removed from its original place and planted in a new place may cause soil pollution for such
amputation.

In the Act, accent is on the physical condition of air and water. The major urban environmental
ills like noise, traffic, slums and congestion are conspicuously absent from the Act and no
provisions have been made for their control. Further, the Act focuses on environmental pollution
and hazardous substance alone, as source of environment degradation. This focus ignores other
causes of degradation such as deforestation and unrestrained development.

The definition of environmental pollutant includes solid, liquid or gaseous „substances‟ only.
There are pollutants which are not substances e.g. heat energy (which causes thermal pollution),
nuclear radiations, and sound (which causes noise pollution).

The definition of environmental pollution is narrow and commonplace. The Act considers
pollution to be something like adulteration. It is universally accepted that any environmental
modification which has undesirable short terms of long term effect on the welfare of the
environment is environmental pollution. It is not only the presence of certain substances that
form pollution; the absence or decreased in concentration, or non-availability of a non-pollutant
also form pollution. If oxygen is withdrawn from the environment in quantities detrimental to the
environment, it forms an instance of pollution. This is how organic pollution occurs. Organic
wastes from paper pulp plants, for example, are not poisonous materials; but if they are

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discharged into rivers without proper treatment, increase in oxygen demand leads to severe water
pollution.

Thus, the definition of „environment‟ under the Environment Protection Act is not exhaustive
but inclusive one. If the expression “includes and means” used in the definition, then it would
become an exhaustive definition.

POWERS OF CENTRAL GOVERNMENT

Section 3 of the Act empowers the Central to take all such measures as it deems necessary or
expedient for the purposes of protecting and improving the quality of the environment and
preventing, controlling and abating environmental pollution. The Central Government is
authorized to set new national standards for the quality of the environment as well as standards
for controlling emissions and effluent discharges; to regulate industrial locations; to prescribe
procedures for managing hazardous substances; to establish safeguards for preventing accidents;
and to collect and disseminate information regarding environmental pollution. Under Sec. 5, the
Central Government has authority to issue direct written orders, including orders to close,
prohibit, or regulate any industry, operation or process or to stop or regulate the supply of
electricity, water or any other service. Other powers granted to the Central Government to ensure
compliance with the Act include the power of entry for examination, testing of equipment, etc.,
(Sec.10) and the power to take samples of air, water, soil or any other substances from any place
for analysis(Sec.11).

When one compares the provisions of the Water and The Air Act with those of the Environment
Act it becomes clear that the powers and functions similar to those vested in the Boards under
the Water and Air Acts are vested in the Central Government under the Environment Act. The
critiques conclude that the Act is conceptually identical to the Air Act and Water Act and does
not prove the Central Government with new tools (e.g. environmental impact assessment) for
preventing environmental degradation. Further, concentration of powers in the hands of the
Central Government is not a wise step towards environmental protection. It is likely in some
cases that decisions of the Government may be influenced rather by political considerations than

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by environmental ones. Thus, the task has to be entrusted to an independent and expert agency
created by statute.

In Vellore Citizens Welfare Forum v. Union of India,1 the court held that the main purpose of the
Environment Protection Act was to create an authority or authorities under sec. 3 (3).

In A.P. Pollution Control Boards v. M.V. Naidu,2 the S.C. noticed the notifications issued by the
central government constituting authorities.

In S. Jagannath v. Union of India,3the court issued directions to constitute authorities under sec.3
(3) for protecting and improving ecologically fragile areas.

In M.C. Mehta v. Union of India,4 the Supreme Court expressed satisfaction in creating
Environment Pollution (prevention and Control) Authority.

VIOLATION AND PENALTIES UNDER THE ACT

The Act explicitly prohibits discharge of environmental pollutants in excess of prescribed

The critics say that these provisions have a tendency to protect the guilty rather than the
environment. Strangely enough, no minimum punishment is prescribed. A minimum of 2 years‟
rigorous imprisonment should have been mandatorily provided for offences of environmental
pollution. Further, the loopholes provided in Sec. 16 and 17 to get off the hook-on proof of lack
of knowledge or due diligence also dilute the effect of peal provisions. The Act makes corporate
officials/Heads of Government Departments liable for the offences under the Act unless the

1
(AIR 1996 SC 2715)
2
(AIR 1999 SC 812)
3
(AIR 1997 SC 811)
4
(AIR 1998 SC 617)

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official/Head can establish that the offence was committed without his knowledge or that he has
exercised all due diligence to prevent the commission of the offence.

Sec. 24 of the Act is a curious and controversial provision. This section postulates that where an
offence under this Act is also an offence under any other Act, the offender shall be punished only
under the other Act. This may lead to conflicts and negation of the Environment Protection Act
provisions, because standards established under the Environment Act are also the subjects to
other statutes, such as the Water Act and The Air Act. If a factory discharges waste water
containing the pollutant at a level higher than allowed under the Environment Protection Act but
within the allowable limits of the Water Act, does the Water Act penalty provision apply?

Therefore, in such cases serve penalties of the Environment Protection Act will simply remain on
paper. For this reason, the Act has been described as a “cobra that is seemingly fierce but has no
venom in its fangs”. Environment Act also lacks any provisions providing for an individual’s
right to sue a defaulter for damages.

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 CONCLUSION

The Environment Protection Act seeks to supplement the existing laws on control of pollution by
enacting a general legislation for environmental protection and to fill the gaps in regulations of
major environmental hazards. However, as it turned out to be, it is at best a paper or toothless
tiger meant to assuage the feeling of the environment hazards. However, as it turned out be, it is
at best a paper or toothless tiger meant to assuage the feelings of the environmentalists. This Act
has been invoked in very few cases.

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 BIBLIOGRAPHY

1. The Environment (Protection) Act, 1986". envfor.nic.In.

2. Environment (Protection). Act, 1986" (Pdf). Minister Of Environment, Forest And

3. Environmental Legislation", The Statesman, 19 January 2017

4. http://Timesofindia.Indiatimes.Com/City/Thiruvananthapuram/Move-To-Amend-
Environment-Protection-Act-Upsets-Greens/Articleshow/49533787.Cms

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