Environment (Protection) Act, 1986

Published on 06 Apr 2025

The Environmental Protection Act of 1986 is a landmark piece of law in India that aims to ensure sustained development, environmental conservation, and betterment. This legislation represents the culmination of a series of legislative actions that followed the Stockholm conference, such as the Wildlife Protection Act of 1972, the Water (Prevention and Control of Pollution) Act of 1974, and the Air (Prevention and Control of Pollution) Act 1981.

Salient features of the Act

• Main objective: The purpose of the legislation is to avoid degradation and encourage improvement of the environment for the well-being of the present and future generations.

• Regulatory Bodies for the protection of the environment:

• Central Pollution Control Board (CPCB) at the national level

• State Pollution Control Boards (SPCBs) at the state level

• Environmental Clearance: Industries and initiatives with the potential to produce environmental damage require permission from the relevant authorities.

• Pollution Control: The Act gives regulatory agencies the authority to establish pollution emissions and discharge guidelines.

• Hazardous Substances: It has guidelines for the safe handling, management, and disposal of hazardous materials to protect the environment and public health.

• Environmental Impact Assessment (EIA): The EIA idea was introduced by the Act, which mandates that certain projects have an evaluation of their possible environmental impact conducted before approval is given.

• Penalties and Enforcement: The Act establishes fines for offenses involving the destruction of the environment and for violating its rules.

Drawbacks of Environment (Protection) Act, 1986

• Complete Centralization: The concentration of powers in the Central Government raises worries about potential arbitrariness and abuse, while state governments have minimal jurisdiction.

• Enforcement Challenges: Environmental restrictions can be hard to enforce because of things like shortages of employees, resource limitations, and trouble keeping track of compliance.

• Inadequate Penalties: The fines and imprisonment terms may not be effective deterrents for enterprises and entities with substantial resources.

• Incomplete Coverage of Pollutants: The Act fails to address modern concepts of pollution such as noise, overburdened transportation networks, and radiation waves, all of which contribute to the deterioration of the environment.

• No Public Participation: The Act also mentions nothing regarding public participation in environmental protection.

• Lack of Stringent Monitoring and Reporting: Inadequate monitoring and reporting procedures could result in gaps in the environmental criteria that industries measure and report.

Way Forward

• Amendments and Updates: Review and update the Environmental Protection Act on a regular basis to consider new developments in technology, international best practices, and environmental challenges.

• Comprehensive Legislation: A comprehensive legislation addressing a broader variety of environmental challenges, such as deforestation, soil degradation, biodiversity conservation, and climate change, should be considered.

• Civil Liability Framework: Create a comprehensive civil liability framework to hold organizations financially responsible for environmental damage.

• Institutional Strengthening: Provide them with sufficient resources, technical experience, and manpower to ensure successful implementation and enforcement.

• Environmental Impact Assessment (EIA): Ensure that environmental impact assessments (EIAs) are thorough, transparent, and have strong public consultation procedures. Consider the available options for independent third-party evaluations.

Tags:
Environment

Keywords:
Biodiversity Environment EPA Air pollution Water pollution Pollution

Syllabus:
General Studies Paper 3

Topics:
Biodiversity and Wildlife Conservation