The Environment (Protection) Act, 1986
The Environment (Protection) Act, 1986
1. Background
This Act was enacted in the aftermath of the Bhopal Gas Tragedy (1984) where a poisonous gas leak from Union Carbide’s factory killed thousands.
It was realized that existing laws like The Water Act, 1974 and The Air Act, 1981 were insufficient to handle such large-scale environmental disasters.
Therefore, the Environment (Protection) Act, 1986 (EPA) was passed as an umbrella legislation to provide a framework for protecting and improving the environment.
2. Objective
To protect and improve the quality of the environment (air, water, and land).
To prevent hazards to human beings, living creatures, and property.
To empower the Central Government with wide powers to take necessary measures.
3. Key Features
Definition of Environment – It includes water, air, land, and the inter-relationships among human beings, plants, animals, and microorganisms.
Powers of Central Government (Section 3)
Authority to take measures to protect and improve environmental quality.
Coordinate actions of states.
Lay down environmental quality standards.
Restrict areas for industrial activity.
Provide guidelines for handling hazardous substances.
Power to Issue Directions (Section 5)
The government can direct closure, prohibition, or regulation of any industry, operation, or process.
Standards and Hazardous Substances (Section 6)
Rules can be made on emission/discharge of pollutants.
Handling, storage, and disposal of hazardous substances regulated.
Penalties (Section 15)
Imprisonment up to 5 years, or fine up to ₹1,00,000, or both.
Continuing offence → additional fine up to ₹5,000 per day.
If continued beyond 1 year → imprisonment up to 7 years.
Cognizable Offence (Section 19)
Complaints can be filed by the government or authorized persons, or by any person after giving 60 days’ notice.
4. Important Case Laws under EPA, 1986
(a) M.C. Mehta v. Union of India (Oleum Gas Leak Case), 1986
After the leakage of oleum gas from Shriram Food & Fertilizers Ltd. in Delhi, the Supreme Court held that:
Industries engaged in hazardous activities are absolutely liable for any harm caused (Doctrine of Absolute Liability).
No exceptions like “act of God” or “negligence of third party” can be taken as a defence.
The Court directed stricter regulations under the EPA, 1986.
(b) Vellore Citizens’ Welfare Forum v. Union of India (1996)
Concern: Large-scale pollution by tanneries in Tamil Nadu.
Supreme Court held:
Precautionary Principle and Polluter Pays Principle are part of the law under Article 21 (Right to Life).
EPA, 1986 empowers the government to enforce environmental safeguards.
Directed tanneries to pay compensation and adopt cleaner technologies.
(c) Indian Council for Enviro-Legal Action v. Union of India (1996)
Hazardous industries in Rajasthan discharged toxic waste, polluting soil and water.
Supreme Court applied Polluter Pays Principle:
Industries must bear the cost of remedial measures.
Directed closure of polluting industries under EPA.
(d) M.C. Mehta v. Union of India (Ganga Pollution Case, 1988 onwards)
Supreme Court dealt with pollution of River Ganga by tanneries and other industries.
Court ordered:
Closure of industries not complying with EPA standards.
Directed installation of effluent treatment plants.
EPA was used as a legal tool to protect water resources.
(e) Sterlite Industries (I) Ltd. v. Union of India (2013)
Concern: Sterlite’s copper smelting plant in Tamil Nadu caused severe air pollution.
Supreme Court ordered compensation of ₹100 crore to be paid by Sterlite for environmental damages, under the “Polluter Pays Principle” read with EPA, 1986.
5. Significance
EPA, 1986 is the umbrella law for environmental protection.
It empowers the Central Government to regulate industries, protect ecologically fragile areas, and punish violators.
It also gave rise to Rules such as:
Hazardous Wastes (Management) Rules, 1989
E-Waste (Management) Rules
Plastic Waste Management Rules
✅ In summary:
The Environment (Protection) Act, 1986 provides a comprehensive legal framework for environmental protection in India. Through landmark judgments, the Supreme Court has strengthened its application by embedding principles like Polluter Pays, Precautionary Principle, and Absolute Liability.
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