July 29,2018:
The Author, Akshay Baweja is a 3rd Year, BBA.LLB (H) student of Fairfield of Management and Technology, New Delhi. He is currently interning with LatestLaws.com.
Q1. How the Environment Protection Act, 1986 came into existence ?
Answer :- India experienced huge decline in the environment quality, evidenced by increasing global warming, effects on flora and fauna, disturbance in the food chains . The protection of environment become a growing concern. The Government of India participated in the United Nations Conference on the Human Environment held at Stockholm in June, 1972. Before the conference various measures was taken but after the conference it further leads to implementation of the decision taken in the conference. Thus, the Environment Protection Act , 1986 was passed and was enacted under Article-253 of Indian Constitution.
Q2. What are the objectives of the Act ?
Answer- The overall objective of the act is to ensure the sustainable development. The objectives are as follows:-
- To ensure that the Article 21- Protection of Life of the Indian Constitution is not violated .
- To punish those , who try to endanger the environment, safety and health.
- To ensure effective implementation of the decisions taken at the UN conference at Stockholm .
- To enact the legislation for the protection of the environment.
- To coordinate with the activities of the regulatory agencies.
Q3. What is the scope of the Act ?
Answer:- The Act came into force on November 19,1986. The Act is applicable to the whole of India , Including the areas of the Jammu and Kashmir.
Q4. Define Environment Pollution
Answer. Section – 2 of The Environment Protection Act ,1986 defines as ‘means the presence in the environment of any pollutant.”
Further in the dictionary , it means “Any introduction by the man directly or indirectly into the environment resulting into its harmful effects by endangering the human health , living resources, ecosystem and other material property.”
In the British Legislation , it is defined as “The release into the environment from any process, the substance which are capable of causing harm to man or other living organism supported by the environment.
Q5. Explain the concept of Environment Impact Assessment?
Answer:- Environment Impact Assessment (EIA) examines the consequences of the projects, plans, policies and predicts the future change at different levels. It is a sure guide for the decision making agencies to make the best choice from the various plans available on finding that a project is likely to cause environment adversity. The agency can either modify or abundant it.
EIA (notification) makes it mandatory for those industry mentioned in the said notification to obtain environmental clearance before an industry is to be established or to be executed.
Q6. What are the Prevention , Control and Abatement of the Environmental Pollution ?
Answer :- Chapter III of the EPA deals with prevention, Control and abetment of Environmental Pollution. Some important provisions of this chapter provide that, No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess of such standards as may be prescribed. No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safe guards as may be prescribed. Where the discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place at which the discharge occurs shall be bound to prevent or mitigate the environmental pollution. and shall also:
(a) intimate the fact of such occurrence or apprehension of such occurrence; and
(b) be bound, if called upon, to render all assistance. On receipt of such information, the authorities or agencies shall cause such remedial measures to be taken as are necessary to prevent or mitigate the environmental pollution.
The expenses incurred by any authority or agency may be recovered from the person concerned as arrears of land revenue or of public demand.
- What are the penalties imposed for the contravention of the Act, Orders and Directions?
Answer:- The Environment Protection Act ,1986 states the deterrent punishment should be given to the person , who tries to endanger the environment , safety and health.
Section -15 Says that if a person fails to comply with the provisions of the act , he shall be punished
- With imprisonment for a term which may extend to five years ; or
- With fine which may extend to one lakh rupees; or
- With both
In case the contravention continues after the first conviction , an additional fine which may extend to five thousand for every day.
If the contravention goes beyond one year , the offender shall be punished with imprisonment for the term may extend to seven years.
Q7. Who can make the complaint?
Answer:- The complaint can be filed by -
A- The Central Government or any other authority of the Government.
B- Any person who has given notice of not less than sixty days of the alleged offence and of his intention to make complaint to the Central Government or The authorised officer.
Q8. Explain “Polluter Pay Principle”
Answer:- Polluter Pay Principle says that if a person is found guilty for causing any type of damage to the environment . It is punishable and the offender is liable to pay “exemplary damages “.
Q9. What is the role of Constitution in the EPA,1986?
Answer. Both the fundamental rights and duties are associated with the protection of environment. Article 14,19,21 of the Indian Constitution dealing with the right to equality, freedom of expression and right to life and personal liberty respectively.
Nevertheless, Article-32 of the Indian Constitution deals with the writ jurisdiction conferred on the Supreme Court and the High court. Using of writs like mandamus, habeas corpus, prohibition, quo warranto and certiorari, whichever is appropriate.
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