The Environment (Protection) Act, 1986 – Preamble, Objectives, Definitions, Powers of Central Government, and Measures for Prevention and Control of Pollution

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 The Environment (Protection) Act, 1986 – Preamble, Objectives, Definitions, Powers of Central Government, and Measures for Prevention and Control of Pollution


 Introduction

Environmental protection became a serious concern in India after the tragic Bhopal Gas Tragedy in 1984, which claimed thousands of lives due to the leakage of toxic gas from a pesticide plant. To address such environmental risks, the Government of India enacted The Environment (Protection) Act, 1986 (EPA) as an umbrella legislation for safeguarding the environment.

Preamble of the Act

The Preamble of the Environment (Protection) Act, 1986 declares:

“An Act to provide for the protection and improvement of environment and for matters connected therewith.”

This shows that the main focus of the Act is not just preventing environmental harm but also actively improving the quality of the environment.



Objectives of the Act

The key objectives of the Environment Protection Act are:

  1. To implement decisions made at the United Nations Conference on the Human Environment (Stockholm, 1972).

  2. To protect and improve the environment (air, water, land).

  3. To control and reduce environmental pollution.

  4. To empower the Central Government to take strict action against polluters.

  5. To fill the gaps left by earlier laws like the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.


Definitions (Section 2)

Section 2 of the Act defines important terms:

  • Environment [Sec. 2(a)]: Includes water, air, land, and the inter-relationships between human beings, other living creatures, plants, micro-organisms, and property.

  • Environmental pollutant [Sec. 2(b)]: Any solid, liquid or gaseous substance present in such concentration as may be injurious to the environment.

  • Environmental pollution [Sec. 2(c)]: The presence of pollutants in the environment.

  • Hazardous substance [Sec. 2(e)]: Any substance or preparation which may cause harm to human beings, animals, or plants due to its chemical or physico-chemical properties.

  Powers of the Central Government (Sections 3–6)

The Act gives wide powers to the Central Government to take steps for environmental protection. These powers include:

🔹 Section 3 – Power to Take Measures

Section 3 of the Act provides broad powers to the Central Government for environmental protection. These powers include:

The Central Government can:

  • Planning and executing national programs for pollution control.

  • Set environmental standards for air, water, and soil quality.

  • Restrict certain industries or activities in specific areas.

  • Coordinate with state governments and international bodies.

  • Establishing authorities to prevent and control pollution.

🔹 Section 5 – Power to Issue Directions

The Central Government can issue binding directions to:

  • Close or regulate any industry.

  • Stop the supply of electricity or water to a polluting unit.

🔹 Section 6 – Rules to Regulate Environmental Pollution

It can make rules for:

  • Handling of hazardous substances.

  • Setting emission and discharge standards.

  • Waste management and chemical safety.

Case Law:
In M.C. Mehta v. Union of India, AIR 1988 SC 1037, the Supreme Court upheld the power of the Central Government under this Act to take strict action against polluting industries near the Ganga River.

In  Vellore Citizens Welfare Forum v. Union of India, (1996) the Supreme Court recognized the powers of the central government under the EPA to enforce environmental standards and implement the Precautionary Principle and Polluter Pays Principle.

Prevention, Control, and Abatement of Environmental Pollution

The Act focuses on preventing pollution before it happens and controlling it when it occurs. Here's how:

🔹 Section 7 – No Person Shall Pollute

No individual or organization is allowed to release environmental pollutants beyond the prescribed limits.

🔹 Section 8 – Handling of Hazardous Substances

Anyone who handles hazardous chemicals must follow safety procedures to prevent accidents.

🔹 Section 9 – Accidents Reporting

If any accidental discharge of a pollutant happens, it must be immediately reported to the authorities, and necessary steps must be taken to reduce the harm.

🔹 Section 10 – Inspection

Government officers can enter, inspect, and collect samples from any site suspected of pollution.

🔹 Section 11 – Sampling and Testing

Samples of air, water, or soil can be collected and tested in official laboratories to check pollution levels.

Case Law:
In Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446, the court observed that under this Act, the government must ensure that polluters bear the cost of damage (Polluter Pays Principle).


Penal Provisions (Section 15–17)

If someone violates the Act:

  • They can be punished with imprisonment up to 5 years and/or a fine up to ₹1,00,000.

  • If the offence continues, additional daily fines may be imposed.

  • If the pollution continues beyond one year, the punishment can extend up to 7 years.

  • Companies, government departments, and even heads of departments can be held personally liable under Sections 16 and 17.

Significance of the Act

  • It serves as a comprehensive umbrella law for environmental regulation.

  • Empowers government authorities with flexible and broad powers.

  • Acts as a basis for framing rules like EIA Notification, Hazardous Waste Rules, etc.

  • Promotes public interest litigation for environmental causes.

Conclusion

The Environment (Protection) Act, 1986 is a strong legal tool for India to fight pollution and protect the ecosystem. By empowering the Central Government and placing duties on industries and individuals, it ensures that the right to a clean and safe environment is preserved.

Laws like this must be strictly implemented and followed so that future generations inherit a greener, cleaner India.


References:

  1. M.C. Mehta v. Union of India, AIR 1988 SC 1037.

  2. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446.

  3. The Environment (Protection) Act, 1986 – India Code

  4. Shyam Divan & Armin Rosencranz, Environmental Law and Policy in India (Oxford University Press, 2nd ed. 2002).

  5. Stockholm Declaration, 1972.

  6. Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647.


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