The Environment Protection Act of 1986 (EPA) serves as a federal law in India established to provide a system for studying, planning, and implementing long-term requirements for environmental safety. The Act also establishes a mechanism for a swift and sufficient response to situations posing risks to the environment.
Origin of the Environment Protection Act
The roots of EPA can be traced back to the United Nations Conference on the Human Environment, also known as the Stockholm Conference, held in June 1972. The Indian government, as a participant in the conference, agreed to take appropriate steps to improve the human environment. The Act implements the decisions made at the Stockholm Conference.
The EPA was enacted under Article 253 of the Indian Constitution, which allows enacting legislation for implementing international agreements. Other constitutional provisions related to the Act include Articles 48A and 51A which call for state and citizen responsibility toward environment protection respectively.
Empowering the Central Government
The EPA authorizes the Central Government to establish authorities tasked with preventing environmental pollution and addressing specific environmental problems unique to different parts of the country. The Act empowers the government to plan and execute a nationwide programme for pollution prevention, control, and abatement and lay down standards for emission or discharge of environmental pollutants from various sources. The government can also order the regulation or closure of industries, operations, or processes contributing to pollution.
Offences and Penalties under EPA
Non-compliance or contravention of the EPA’s provisions is considered an offence. In case of any violation, offenders can face imprisonment up to 5 years or a fine up to Rs 1,00,000, or both. Continuous violation can lead to additional fines and extended imprisonment.
Criticism of the Environment Protection Act, 1986
Despite its provisions, the EPA faces criticism. One potential issue is the Act’s centralization, with no powers given to state governments, leading to possibilities of arbitrariness and misuse. The Act also does not mention public participation in environmental protection efforts, overlooking the importance of citizen involvement in checking arbitrariness and raising awareness about the environment. Furthermore, the Act fails to address modern pollution concepts such as noise, overburdened transport systems, and radiation waves.
Proposed Amendments in the Environment Protection Act
The Ministry of Environment, Forest and Climate Change has proposed amendments to the EPA, 1986. One significant proposal involves the decriminalisation of the existing provisions to alleviate fear of imprisonment for minor violations by replacing imprisonment with monetary penalties. The amendments also suggest the creation of an Environmental Protection Fund where the penalty amount adjudicated for environmental damage shall be deposited.
Other Initiatives to Protect the Environment
Apart from the EPA, numerous other initiatives for environmental protection exist in India. These include the National River Conservation Programme, Green India Mission, National Afforestation Programme, National Coastal Management Programme, and National Mission on Himalayan Studies under the Climate Change Program.
India is also a signatory to several international conventions directed towards environmental protection. These include the Montreal Protocol, Basel Convention, Rotterdam Convention, Stockholm Convention on Persistent Organic Pollutants, UN Framework Convention on Climate Change, Convention on Biological Diversity, and UN Convention to Combat Desertification.
UPSC Civil Services Exam Questions on EPA
In the UPSC Civil Services Exam of 2019, questions were asked about the EPA, focusing on government powers under the Act and the requirement of public participation in environmental protection. The correct answer revealed that while the Act empowers the Central Government to lay down emission standards, it does not state public participation requirements for environmental protection.