Introduction:-
The Environment (Protection) Act, 1986 is a comprehensive legislation enacted by the Indian Parliament for the protection, improvement and preservation of the environment. Environmental pollution has become one of the most serious problems of the modern world due to rapid industrialisation and unplanned development. This Act was introduced as a response to growing environmental degradation and to fulfil India’s international obligations.
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Enforcement of the Environment (Protection) Act, 1986
The Environment (Protection) Act, 1986 came into force on 12 November 1986.
It was enforced through a notification published in the Official Gazette dated 12 November 1986 vide G.S.R. 1198 (E).
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Scope and Extent of the Act
The Act extends to the whole of India, including the State of Jammu and Kashmir.
Its scope is very wide and it empowers the Central Government to take all necessary measures for the protection and improvement of the environment.
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Background and Need for the Act
Environmental pollution is not only a problem of India but a global problem. Human beings, animals, plants and the entire ecosystem are affected by pollution. Excessive development in the name of industrial growth has caused severe damage to natural and ecological balance.
When the adverse effects of environmental pollution became visible, the issue was first taken up by the United Nations, which convened the Stockholm Conference on Human Environment in 1972. This conference resulted in the adoption of the Stockholm Declaration, considered the Magna Carta of Environmental Protection and Sustainable Development.
India, being a participant, enacted several laws for environmental protection, such as:
•Water (Prevention and Control of Pollution) Act, 1974
•Air (Prevention and Control of Pollution) Act, 1981
•Wild Life (Protection) Act, 1972
•Environment (Protection) Act, 1986
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Objects of the Environment (Protection) Act, 1986
The main objects of the Act are:
1.To prevent environmental pollution
2. To control environmental pollution
3. To abate environmental pollution
4. To protect and improve the environment
5. To save human beings, animals and plants from the harmful effects of pollution
6. To make the earth and atmosphere pollution-free
7. To maintain a balance between development and environmental protection.
In Citizen Consumer and Civic Action Group v. Union of India (AIR 2002 Mad 298), the Court emphasized the need to balance development with environmental protection.
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Constitutional Basis of Environmental Protection
The right to use pollution-free air and water is a basic human right and is included under the Right to Life (Article 21) of the Constitution of India.
In Raj. Mineral v. State of Gujarat (AIR 2012 NOC 179 Guj.), it was held that the right to clean environment is an essential part of Article 21.
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Important Provisions of the Environment (Protection) Act, 1986
The Act empowers the Central Government to:
•Lay down standards for emission or discharge of pollutants.
•Restrict areas in which industries may be established
•Issue directions for closure or regulation of industries
•Take measures for preventing environmental accidents
•Conduct inspections and establish laboratories
These provisions make the Act a framework legislation for environmental protection.
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Suggestions for Protection of Environment
Environmental protection is not only the responsibility of the government but also of every individual. The following measures may be adopted:
(1) General Remedies-
•Strict enforcement of environmental laws
•Public awareness about environmental protection
•Environmental education
•Adoption of new technologies
•Severe punishment for polluters
(2) Remedies for Prevention of Water Pollution
•No disposal of waste near water sources
•Industrial sewage should not be discharged into rivers
•Dead bodies should not be immersed in rivers
•Continuous cleaning of water bodies
In Ranganathan v. State of Tamil Nadu (AIR 2016 NOC 185 Mad), the Madras High Court held that protection of lakes and rivers is the duty of the State and public.
In R. Rubawathi v. State of Tamil Nadu (AIR 2016 NOC 51 Mad), it was held that water bodies must be kept free from encroachment.
(3) Remedies for Prevention of Air Pollution
•Industries should be set up away from residential areas
•Tall chimneys should be installed
•Clean surroundings near factories
•Plantation and prohibition on deforestation
•Regular checking of vehicles emitting poisonous gases
(4) Remedies for Prevention of Noise Pollution
•Regulation of vehicle noise
•Use of noise-control devices
•Restriction of heavy vehicles in residential areas
•Ear plugs for factory workers
•Strict compliance with noise control rules
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Conclusion
The Environment (Protection) Act, 1986 is a landmark legislation aimed at safeguarding the environment and ensuring sustainable development. It provides a strong legal framework to prevent environmental degradation and protect public health. Effective implementation, public participation and strict enforcement are essential to achieve the objectives of the Act.
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Frequently Asked Questions (FAQs)
1. Why was the Environment (Protection) Act, 1986 enacted?
- To provide a single, umbrella law for protection and improvement of the environment after the Bhopal Gas Tragedy and to fill gaps in existing laws.
2. What is the scope of the Environment (Protection) Act, 1986?
-It extends to the whole of India and empowers the Central Government to regulate all forms of environmental pollution.
3. Who has the primary power to enforce this Act?
The Central Government. States act only when powers are delegated to them.
4. Can industries be closed under this Act?
-Yes. The Central Government can order closure, prohibition, or regulation of any industry causing environmental pollution.
5. Is the right to a clean environment a fundamental right?
-Yes. The Supreme Court has read the right to a clean and healthy environment into Article 21 of the Constitution.
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Most Important MCQs
1. The Environment (Protection) Act, 1986 was enacted in response to:
A. Stockholm Conference
B. Rio Declaration
C. Bhopal Gas Tragedy✔️
D. Chipko Movement
2. Which authority has the widest powers under the Environment (Protection) Act, 1986?
A. State Government
B. Pollution Control Boards
C. Judiciary
D. Central Government✔️
3. Under which Article is the right to a pollution-free environment recognized?
A. Article 14
B. Article 19
C. Article 21✔️
D. Article 48A
4. Which of the following powers is available under the Act?
A. Levy environmental tax only
B. Issue directions including closure of industries✔️
C. Advisory role only
D. Regulation of forests only
5. The Environment (Protection) Act, 1986 is best described as:
A. A penal law only
B. A procedural law
C. An umbrella legislation✔️
D. A state-specific law
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