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Object Reason and Background of Environment Act 1986

The Environmental Protection Act of 1986 was enacted in India to implement decisions from the 1972 United Nations Conference on the Human Environment, create authorities to protect the environment, and coordinate regulatory agencies. It aims to enact general environmental protection laws, provide deterrent punishments for environmental harm, and promote sustainable development as mandated by the Indian Constitution. The Act was passed in response to the lack of environmental regulation in India and the Bhopal gas tragedy, establishing the central government's authority over environmental protection and pollution control.

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1K views2 pages

Object Reason and Background of Environment Act 1986

The Environmental Protection Act of 1986 was enacted in India to implement decisions from the 1972 United Nations Conference on the Human Environment, create authorities to protect the environment, and coordinate regulatory agencies. It aims to enact general environmental protection laws, provide deterrent punishments for environmental harm, and promote sustainable development as mandated by the Indian Constitution. The Act was passed in response to the lack of environmental regulation in India and the Bhopal gas tragedy, establishing the central government's authority over environmental protection and pollution control.

Uploaded by

Adan Hooda
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Q. Explain the object, reason and background of environment act 1986.

Ans. Objectives
The Environmental Protection Act, 1986 (EPA) was passed with the following objects:

(i) It was enacted to implement the decisions which were made at the United Nation
Conference on the Human Environment held at Stockholm in June 1972.
(ii) Creation of authority for government protection.
(iii) Coordinating the activities of various regulating agencies which is done under the
existing law.
(iv) The main task is to enact general laws for environmental protection, which could be
unfolded in areas of severe environmental hazards.
(v) Providing deterrent punishment to those who inculcate in endangering the human
environment, safety and health.
(vi) The main goal for the environment should be sustainable development and it can be
regarded as one of the goals for Environment Protection Act, 1986.
(vii) Sustainable development includes achieving the object and the purpose of the act as
well as the protection of life under Article 21 of the Indian Constitution.

Background

In India, environmental protection was not much of an issue till the mid-1980’s. That is,
environmental protection as a whole was never seriously considered. The government did enact
various legislation pertaining to the environment in the 1970’s and 80’s: the Water Act, 1974; the
Air Act, 1981; Indian Forest Policy, 1988. But it took two major pushes, one from the
international community and one from the national community, to create the Environment
Protection Act.

The international impetus came in the form of the Stockholm conference in 1972, to discuss
Humans and their role in the Environment. This legislation was a way to implement India’s
promises for protecting the environment. The process received a major push when the Bhopal
Gas Tragedy happened in 1984, leading to thousands of deaths overnight in a gas leak that
happened in Bhopal. The lack of legislation pertaining to such accidents was the reason the
perpetrators as well as the company went scott-free. India was furious, spurring the government
into action.

The EPA 1986 came into force in all of India in November of 1986, under an official
notification. The Act contains 26 sections divided into 4 chapters. The Act has its genesis in
Indian Constitution’s Article 48(A) and Article 51(A)g. The Act is a part of Article 253 of the
Indian Constitution.

The Act is special for many reasons. First, it has the sole aim of ensuring the protection of the
environment, the prevention and reduction of environmental pollution and provides the authority
to take strict action against perpetrators. Second, it is an Act that takes precedence over other
Acts. This means that if an offence is committed that is liable to be booked under multiple
legislation including this Act, the EPA 1986 will be given the highest priority. Third, this Act
forced the country to take note of environmental pollution in a serious way.
Purpose of the Environmental Protection Act

The purpose of the Environmental Protection Act (EPA) is to support and promote the
management, protection, enhancement and wise use of the environment, while recognizing the
following:

 Preventing, mitigating and remediating environmental impacts is important in making


decisions and taking actions.
 Where there are threats of serious or irreparable harm to the ecological integrity, lack of
complete certainty is not to be a reason for postponing reasonable environmental
protection measures.
 All persons are responsible, financially and otherwise, for impacts on the environment as
a result of their actions or inaction.
 The Environment (Protection) Act, 1986 authorizes the central government to protect
and improve environmental quality, control and reduce pollution from all sources, and
prohibit or restrict the setting and /or operation of any industrial facility on environmental
grounds. The Environment (Protection) Act was enacted in 1986 with the objective of
providing for the protection and improvement of the environment. It empowers the
Central Government to establish authorities charged with the mandate of preventing
environmental pollution in all its forms and to tackle specific environmental problems
that are peculiar to different parts of the country. The Act was last amended in 1991.
 The Environment (Protection) Rules lay down procedures for setting standards of
emission or discharge of environmental pollutants.
 The objective of Hazardous Waste (Management and Handling) Rules, 1989 is to control
the generation, collection, treatment, import, storage, and handling of hazardous waste.
 The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this
context, and sets up an authority to inspect, once a year, the industrial activity connected
with hazardous chemicals and isolated storage facilities.
 The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/
Genetically Engineered Organisms or Cells Rules,1989 were introduced with a view to
protect the environment, nature, and health, in connection with the application of gene
technology and micro-organisms.

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