Introduction

In wake of the Stockholm Conference held in 1972 that advocated

environmental protection at the international level and was one of the most
devastating incidents of all time, the Bhopal Gas Tragedy of 1984 highlighted
an urgent need for a comprehensive law with respect to environmental
protection, domestically, the need for Environment (Protection) Act,
1986 was felt. The preamble of the Act states the objective of the Act to be
the protection and improvement of the environment. It seeks to protect
human beings, other living creatures, plants, and property from
environmental hazards. It extends to the whole of India and aims to prevent,
control, and abate environmental pollution. Even though we had the Water
Act, 1974, the Air Act, 1981, and the Indian Forest Policy, 1988, there was a
pressing need for general legislation with stringent penal provisions in order
to safeguard the environmental rights.

Background of the Environment Protection Act

The concern for the environment in India is nothing new. From ancient times
we have believed in ‘Vasudhaiva Kutumbakam’, i.e. the entire world is one
family. Indians have believed that all the creatures on the Earth are a family,
including all the plants, animals, and microorganisms.

Our present-day Constitution also provides testimony to our old principles.

Some of them are as follows:

1. By the 42nd Amendment Act, Article 48A was added as a part of the
Directive Principles of State Policy which stated that it was the
state’s responsibility to make efforts in order to “protect and
improve the environment, and to safeguard the forests and wildlife
of the country.”
2. Article 51A(g) declares that it is the fundamental duty of each and
every citizen of the country to “protect and improve the natural
environment including the forests, lakes, rivers, and wildlife and to
have compassion for living creatures.”
3. Our judiciary has outlined in a number of judgments that Article 21,
which guarantees the right to life and dignity, also encompasses the
right to live in a healthy and safe environment. In the case
of Subhash Kumar v. the State of Bihar, it was observed that the
right to get pollution-free water and air is a fundamental right under
Article 21.
4. Article 253 of the Indian Constitution empowers the Parliament to
bring any legislation to give effect to any international treaty,
agreement, convention, or decision taken at a conference. It was
with the help of Article 253 that the Indian Parliament enacted the
 Environment (Protection) Act, 1986 to give effect to the decisions
taken at the UN Conference on the Human Environment held in
Stockholm in 1972.

Objectives of the Environment Protection Act

The following are the main objectives behind bringing this legislation:

1. To implement the significant decisions taken, relating to

environment safety and protection, at the United Nations
Conference on the Human Environment held in Stockholm in June
1972.
2. India already had some legislation related to different aspects of the
environment but there was a need for comprehensive legislation
that filled the gaps in the existing laws. Thus, it was enacted to
bring general legislation in environment protection and cover other
major areas of environmental hazards that were previously
uncovered.
3. To create new authorities for the purpose of protecting and
improving the environment and also to coordinate the activities of
already existing authorities constituted under previous laws.
4. To provide for stringent and deterrent punishment to the offenders
of the natural environment who endanger its safety and health.
5. To facilitate the growth of subordinate and delegated legislation on
ecologically sensitive topics and environment protection.
6. To promote sustainable development, i.e. balance the overall
development with environmental protection.

5Need for the Environment Protection Act in India

The need for stringent legislation for environment protection was felt in India
because of the following reasons:

1. The first was the Stockholm Conference which highlighted

internationally, the impact human activities were having on the
environment. Development and the environment were at crossroads
with each other and the conference brought into focus the urgency
of their reconciliation for the benefit of humanity and the planet as a
whole.
2. The second was the Bhopal Gas Tragedy. It was about the leak of
Oleum gas from an industry that proved to be fatal for the people
around and the environment. This incident underlined the
importance of regulating the industries so that they do not get away
easily from the punishment of causing harm to the environment.
 3. Also, the need was felt because India had some laws for protecting
the environment like the Air Act and Water Act but there was no
comprehensive law that connected them and coordinated their
activities and functions.

Why Environment Protection Act is called an ‘Umbrella Act’

The Environment Protection Act is called an ‘Umbrella Act’ because of the
following reasons:

1. It establishes the basic framework for planning and executing large-

scale strategies to protect and improve the overall environment,
rather than focusing on specific aspects.
2. It provides for coordination between the Central government, state
government, and authorities that are established under various
other legislation related to the environment.
3. It fills the lacuna created by several other distinct legislation like the
Water Act and Air Act. It connects them together and makes them
more effective.
4. It is broad and comprehensive legislation that covers the definitions,
powers, and responsibilities of the central government towards the
environment, and penal provisions as well.

Section 2 of the Act defined various terms used in its provisions. These
definitions are as follows:

1. Environment– Environment has been defined to include air, water,

and land, and the inter-relationship among and between air, water,
land and human beings, other living creatures, microorganisms,
plants and property.
2. Environment pollutant- A pollutant is any substance in a solid,
liquid, or gaseous state, which when present in a certain
concentration can be injurious to the environment.
3. Environment pollution– The presence of an environmental
pollutant in the environment is called environment pollution.
4. Handling– Handling, in respect of any substance, is deemed to
imply its “manufacture, processing, treatment, package, storage,
transportation, use, collection, destruction, conversion, offering for
sale or its transfer.”
5. Hazardous substance– It refers to any substance or preparation
which can cause harm to humans, plants, other living creatures,
property, or the environment due to its chemical or physico-
chemical properties or handling.
 6. Occupier- In respect of any factory or premises, it refers to the
person who is in control over the affairs of the factory or premises,
and in respect of any substance, it refers to the person who is in
possession of that substance.

Powers and functions of the Central Government

Section 3- Powers of the Central Government to

take measures to protect and improve the
environment
Section 3 empowers the Central Government to take all such measures as it
deems necessary or expedient to protect and improve the quality of the
environment, and to prevent, control, and abate environmental pollution.
Some of these measures include:

1. To coordinate actions among state governments, officers, and other

authorities.
2. To plan and execute nationwide programs.
3. To lay down standards for the quality of different aspects of the
environment.
4. To lay down the standards for emission or discharge of pollutants.
5. To restrict the operation of certain industries, processes, or
operations in specific areas.
6. To lay down procedures and safeguards for the prevention of
pollution-causing accidents and take remedial measures.
7. To lay down procedures and safeguards for the handling of
hazardous substances.
8. To examine the manufacturing processes, materials, and substances
that are capable of causing pollution.
9. To carry out and sponsor investigations and research on the issues
related to pollution.
10. To inspect the premises, plant, equipment, machinery,
manufacturing, or other processes, materials, or substances.
11. To establish or recognise environmental laboratories and
institutes.
12. To collect and disseminate information on pollution matters.
 13. To prepare codes, manuals, or guides related to the prevention,
control, and abatement of environmental pollution.
14. Such other matters as the government deem necessary or
expedient.
The Central Government is also authorised to constitute such
authority/authorities for the purpose of exercising and performing such
powers and functions as the government may delegate to it.

Section 5- Power to give directions

As per Section 5, the Central Government has got the power to issue
directions in writing to any person, officer, or any authority, which shall be
binding on such person, officer, or authority.

These directions could be related to matters as follows:

1. To close, prohibit, or regulate any industry, operation, or process;

or
2. To stop or regulate the supply of electricity, water, or any other
service.

Section 6- Power to lay down rules to regulate

environmental pollution
The Central Government has also been authorised to frame rules on the
matters mentioned in Section 3 of this Act. Some of these matters include:

1. The standards of quality of air, water, or soil.

2. The maximum allowable limits of environmental pollutants
(including noise).
3. The procedures and safeguards for the handling of hazardous
substances.
4. The prohibition and restrictions on the handling of hazardous
substances.
5. The prohibition and restrictions on the location of industries,
operations, and processes.
6. The procedures and safeguards for the prevention of accidents likely
to cause pollution and provide for remedial measures for such
accidents.
Section 10- Power of entry and inspection
Under this Section, any person authorised by the Central Government has
the right to enter any place, at reasonable times with some assistance for the
following purposes:

1. To perform any function entrusted by the Government,

2. To determine whether and how such functions are to be performed,
or whether the provisions of this Act, rules made under any notice,
order, direction, or authorisation granted has been complied with,
3. To examine and test any equipment, industrial plant, record,
register, document, or any other material object.
4. To conduct a search in my building where there is reason to believe
that an offence under the Act has been committed.
5. To seize any such equipment, industrial plant, record, register,
document, or other material objects if there is reason to believe that
it would serve as evidence for the offence committed or that the
seizure is necessary to mitigate the pollution.
Also, any person carrying on such industry, process, or operation which
involves handling of hazardous substances must render all the assistance
required to the person empowered by the Central Government for inspection.
Failure to provide the assistance without any reasonable cause, or wilfully
delays or obstructs that person shall be guilty of an offence under this Act.
Also, for such search and seizure, provisions of the Code of Criminal
Procedure, 1973 or any corresponding law in force shall be applicable.

Section 11- Power to take sample and procedure

to be followed
Section 11 empowers the State Government or any officer authorised by it to
take the samples of air, water, soil, or other substances from the premises of
any factory.

The procedure prescribed for sample taking is as follows:

1. The person taking the sample must serve a notice of his intention to
take the sample to the person in charge of the place.
2. The sample must be taken in the presence of the person in charge
or his agent.
 3. The sample must be placed in a container or containers, which shall
be marked and sealed. Thereafter, it shall be signed by both the
person taking the sample and the person in charge or his agent.
4. The container then must be sent to the laboratory established under
Section 12.
5. In case the person in charge or his agent wilfully absents himself or
refuses to sign the containers, the containers must be sealed,
marked, and signed by the person taking the sample and must be
sent to the laboratory. The government analyst must be informed in
writing about the wilful absence or refusal to sign.
Any analysis taken without following the procedure prescribed would not be
admissible as valid evidence in any legal proceedings.

Section 25- Power to make rules

To carry out the purposes of this Act, the central government may frame
rules on the following matters:

1. The standards of environmental pollutants, beyond which the

emission or discharge is prohibited under Section 7;
2. The procedure and safeguards for the handling of hazardous
substances under Section 8;
3. The authority which is to be intimated about the occurrence or
apprehension of occurrence of discharge of any pollutants in excess
of the prescribed standards;
4. The manner in which samples of air, water, soil, or any other
substance are to be taken under Section 11(1);
5. The form in which the notice of intention to take a sample for
analysis is to be served under Section 11(3) (a).
6. The functions, procedures, and fees payable to environmental
laboratories;
7. The qualifications of the Government Analyst appointed
under Section 13;
8. The manner in which the notice of offence and the intention to make
a complaint is to be given under Section 19(b);
9. The authority or officer who is required to submit the reports,
information, or returns to the Central Government under Section
20;
10. Any other matter of concern, as may be prescribed.
Benefits of the Environment Protection Act
The following are some of the benefits of having the Act:

1. Protection of public health– It seeks to prevent, control and

abate environment pollution so as to keep the environment clean
and safe. This ensures that we get a healthy environment to live in,
free from all sorts of pollutants harmful to our health. Thus, the Act
aims to protect public health.
2. Promotes sustainable development– It seeks to prevent the
exploitation of natural resources and preserve them for future
generations.
3. Positively empowers the central government to take concrete
steps to protect the environment– The Central Government has
been given immense powers to not only appoint authorities to carry
out various functions but also to take all the possible measures to
further the objectives of the Act.
4. Strict penal provisions– The Act contains penal provisions for the
breach of its provisions. It also lays down the liability of companies
and government departments for polluting the environment.
5. Protecting ecological integrity– By providing for penal provisions
and laying down various guidelines for the Central Government to
take active steps for environment protection, the Act aims at
preserving the ecological integrity by maintaining it in its unpolluted
and natural form.

Drawbacks of the Environment Protection Act

Despite many effective provisions that the Act contains to protect the
environment, it is not free from some limitations and drawbacks that dilute
its effectiveness. Some of them are the following:

1. Too general in nature– The Act is a comprehensive legislation that

tries to cover all the aspects of the environment but it does so only
superficially. It covers only the broad aspects and leaves out the
details.
2. Conflicting jurisdiction– Section 24 talks about the overriding
effect of this Act. It mentions that if an offence is punishable by
both this Act and some other legislation, then the offender is to be
punished under the other law and not this. This provision lessens
the effectiveness of this Act as an offender can easily flout the rules
and protect himself from the penalty, prescribed under this Act.
3. Flexible penalty– The penal provisions prescribed under the Act
are not adequately stringent and deterrent. In most of the
 provisions, there is no minimum penalty provided. Also, the
offenders have been provided with a room to escape liability by
proving things like the offence was committed without knowledge or
that due diligence was exercised.
4. Weak citizens’ suit provision- Common citizens are not allowed
to file a suit against the environmental offenders unless 60 days
prior notice is given. Those 60 days could be easily utilised by the
offender to wipe out the evidence of his fault. Only the central
government or its authorised officers or authorities can file a
complaint under this Act. it is important that citizens are given the
right to file complaints in cases where they see the environment is
being harmed.
5. Lack of coverage of certain specific aspects of environmental
damage– The ambit of environment pollution has widened with the
march of time and technological advancements. But the definitions
under the Act have not kept up with the pace. Specifically, the
definition of ‘pollutant’ covers only the particulate aspects.
Nowadays, pollution caused by noise and radiation would fall out of
this definition. It fails to cover soil erosion, effects of flood and
drought, and other important aspects related to environmental
degradation.

Conclusion
Post the Stockholm Conference and the Oleum gas leak case, the concern for
the environment has magnified. The provisions of the Environment
(Protection) Act, 1986 mark a positive step towards environment protection
and improvement. It has stipulated some stringent regulations for the
prevention, control, and abatement of environment pollution. The central
government has been given a wide scope of powers to frame rules and
appoint authorities to further the purposes of this Act. Additionally, the Act
has facilitated the coming of several notifications for environment protection
which have introduced new protective principles like the Environment Impact
Assessment. It has also empowered the citizens to play a proactive role in
environment protection by calling out the pollution-causing industries under
EPA which has led to a string of environmentally sound judicial decisions.
However, there are still some lacunas present in the Act that need to be filled
with subsequent amendments to update the Act with changing times.