ENVIRONMENT PROTECTION ACT, 1986

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CONTENTS
Introduction
What is Environment Pollution?
Why Environment Protection act, 1986 was needed?
Aims and Objectives of the EPA
Constitutional Provisions
Salient Features of the EPA Act
Why EPA also known as "Umbrella Act" ?
Benefits & Drawbacks of the Environment Protection Act
Important case laws regarding the Environment Protection Act
Conclusion
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Introduction

• The Environment (Protection) Act (EPA) was enacted in 1986 with the
objective of providing the protection and improvement of the environment.
 One of the most comprehensive legislations.

 Empowers the Central Government.

• Stockholm Conference- United Nations Conference on the Human Environment.

• Coverage: The Act is applicable to the whole of India including the state
of Jammu & Kashmir. 3
What is Environment Pollution?
• Environmental Pollution is the effect caused by undesirable
changes in our surroundings that have harmful impacts on
plants, animals, and human beings.

• Types of Environmental Pollution

Based on the part of the environment that is polluted,
Pollution is of the following types:
 Air Pollution
 Water Pollution
 Soil Pollution
 Noise Pollution
 Radioactive Pollution 4
Why Environment Protection act, 1986 was
needed?

• Alarming rate of pollution in the environment needed to be controlled.

• The legislations prior to the 1986 were very specific to the aspect of
environmental pollution.

• In 1972 India signed an agreement in Stockholm Conference with the world

for resolving and protecting the environment.

• Need of general Legislation.

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 • Implementing the decisions made at the United Nations
Conference on Human Environment held in Stockholm in June,
1972.

Aims and • Engaging in the sustainable development of the environment.

• Attaining protection of the right to life under Article 21 of the

Objectives of Constitution

• Creation of a government authority to regulate industry that can

the EPA
issue direct orders including closure orders.

• Co-ordination of activities of various regulatory agencies under

the existing laws.

• Deterrent punishment to those who endanger human

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environment, safety and health.
•Constitutional Provisions:
 The EPA Act was enacted under Article 253 of the Indian Constitution which
provides for the enactment of legislation for giving effect to international
agreements.
 Article 48A of the Constitution specifies that the State shall endeavour to protect
and improve the environment and to safeguard the forests and wildlife of the
country.
 Article 51A further provides that every citizen shall protect the environment.

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 Powers of the Central Government

Restriction on Pollutant Discharge

Compliance with Procedural Safeguards

Salient Features of the
Powers of Entry and Inspection
EPA Act
Establishment of Environmental Laboratories

Penalties for Offences

Offences by the company

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Why EPA also known as "Umbrella Act" ?

Covers responsibilities
Basic framework Coordination of the central
government

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 Drawbacks of the Environment Protection
Benefits of the Environment Protection Act
Act

Protection of public health Too general in nature

Promotes sustainable development Flexible penalty

Strict penal provisions Weak citizens’ suit provision

Lack of coverage of certain specific

Protecting ecological integrity
aspects of environmental damage

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Important case laws regarding the Environment
Protection Act

• M.C. Mehta v. Union of India (The Vehicular Pollution Case)

(1991)

• M.C. Mehta v. Union of India (The Ganga Pollution Case) (1988)

• Narula Dyeing and Printing Works v. Union of India (1995)

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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.

• The central government has been given a wide scope of powers to frame rules and appoint
authorities to further the purposes of this Act.

• 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.
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References

• Environment (Protection) Act, 1986 (drishtiias.com)

• Environment (Protection) Act, 1986 - iPleaders

• Environment Protection Act, 1986 - Provisions, Features, Latest News. EPA 19

86 for IAS (byjus.com)

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THANK YOU

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