Recent observations by the Supreme Court have brought into light concerns regarding the Environment Protection Act (EPA) of 1986, particularly in the wake of increasing pollution levels attributed to stubble burning in Punjab and Haryana. The court noted that the EPA has become “toothless” due to recent amendments that have diluted its enforcement capabilities.
Background of the Environment Protection Act
The Environment Protection Act was enacted in 1986 as a comprehensive framework aimed at protecting and improving the environment. It grants the government the authority to take preventive measures against environmental degradation. The Act originally included stringent punitive measures for violations, including potential imprisonment and substantial fines.
Recent Amendments Under Jan Vishwas Act
In 2023, the Jan Vishwas (Amendment of Provisions) Act was introduced, aiming to modernise outdated laws. This act amended 42 central legislations, including the EPA, altering the legal landscape for environmental protection. The amendments decriminalised minor offences, replacing jail terms with monetary penalties. This shift has sparked debates regarding the effectiveness of environmental enforcement.
Key Changes to the EPA
Before the amendments, Section 15 of the EPA stipulated imprisonment for up to five years for non-compliance, along with fines. The amendments removed the possibility of criminal prosecution, retaining only financial penalties ranging from Rs 10,000 to Rs 15 lakh, depending on the severity of the violation. Additionally, the law introduced a daily penalty for continued non-compliance, signalling a shift towards a more monetary-based enforcement mechanism.
Implementation Challenges
Despite the changes, the Centre has yet to notify the rules necessary for appointing adjudicating officers who would enforce these penalties. The absence of these rules has left states, such as Punjab, unable to act against stubble burning effectively. Instead, they have relied on the National Green Tribunal (NGT) Act for imposing fines, which has led to confusion and inconsistencies in environmental law enforcement.
Adjudicatory Mechanism Under the New Law
The amended EPA includes provisions for an adjudicatory mechanism to assess violations and impose penalties. Under Section 15C, adjudicating officers are expected to follow a defined procedure, including summoning violators and conducting inquiries. The factors influencing penalty determination include the impact on the population, the duration of the violation, and the extent of environmental damage caused.
Environmental Impact and Public Health Concerns
The amendments have raised alarms regarding their potential impact on public health and environmental sustainability. With the removal of stringent punitive measures, there are concerns that non-compliance may increase, exacerbating pollution levels. The ongoing stubble-burning incidents serve as a stark reminder of the challenges posed by agricultural practices on air quality and public health.
