The environment protection act 1986: A Piller of environment consumption in India

The environment protection act 1986: A Piller of environment consumption in India

Author:- Mahima Chandra, a student of Lloyd law college.

Intoduction:-

For nearly 40 years, India's environment has been protected by the Environment Protection Act of 1986, a significant piece of law. This historic law, which was passed to address the mounting environmental concerns and the requirement for sustainable development, has developed over time to now cover a variety of environmental protection measures. In the context of India's environmental conservation efforts, this article will examine the main clauses and relevance of the Environment Protection Act, 1986.

Background:-

India was not an exception to the global upsurge in environmental consciousness that occurred in the 1970s and 1980s. The nation's natural resources and population health had already begun to suffer significantly from rapid industrialization, urbanization, deforestation, and pollution. The 1984 Bhopal gas disaster served as a somber reminder of the disastrous effects of inadequate environmental standards. To provide a thorough legal framework for the preservation and improvement of the environment, the Environment Protection Act (EPA) was passed in this context.

A key item of Indian law intended to safeguard and improve the environment is the Environment Protection Act, 1986. Its essential components and clauses consist of:

1. Regulatory Authorities: The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) were established under the legislation, respectively, at the national and state levels. These organizations are in charge of monitoring environmental quality, controlling pollution, and enforcing environmental legislation.

2. Pollution Prevention Steps: The EPA gives regulatory agencies the authority to set regulations for the emissions and effluents from cars, industry, and other sources of pollution. It enables the control of contaminants and the levels of their concentration in different environmental media, including as the air and water.

3. Environmental Impact Assessment (EIA): The EPA requires the creation of EIAs for specific projects, such as infrastructural and industrial ones. Before obtaining permissions, this assessment aids in evaluating potential environmental effects.

4.Penalties and Infractions: For infractions of its terms, the statute imposes severe penalties, including fines and imprisonment. Facilities that persistently disregard environmental standards may be shut down.

5. Legal Remedies: The legislation enables individuals and groups to pursue legal action against parties who have harmed the environment. To enforce environmental laws and regulations and seek restitution for environmental harm, individuals and organizations may go before the courts.

6. Noise Pollution is Regulated: The EPA controls noise pollution by defining the acceptable noise levels in various zones and at various times of the day. It gives authorities the authority to punish anyone who cause noise pollution.

7. Hazardous Waste Regulation: The legislation governs the production, collection, handling, storage, movement, and disposal of hazardous wastes. It outlines the steps to take in order to receive permission to handle hazardous waste and lays out the consequences for inappropriate disposal.

8. National Green Tribunal (NGT): Although it was not included in the original statute, the NGT was created in 2010 and has strong ties to the EPA. The NGT is a specialist court that handles environmental disputes and infractions, strengthening the EPA's enforcement system.

The Environment Protection Act of 1986 played a significant role in establishing environmental law and policy in India. It has undergone multiple modifications to address new environmental issues and comply with conventions and agreements internationally. The legislation gives regulatory agencies the authority to take legal action against polluting businesses and people, which is essential for India's efforts to preserve and safeguard the environment.