Environment (Protection) Act, 1986

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

Environment (Protection) Act, 1986-

Tanmoy Mukherjee

Advocate

Objectives-

The Act aims to provide an umbrella legislation for the protection of the environment as a whole, covering Air, Water, Soil, Human beings, Plants, Animals and Microorganisms.

Unlike earlier laws [The Water (Prevention and control of Pollution) Act, 1974 and The Air (Prevention and control of Pollution) Act, 1981], this Act addresses environmental protection in an integrated manner.

Prevention and Control of Environmental Pollution-

This includes control over industrial emissions, effluents, hazardous wastes, noise pollution and chemical pollution.

Improvement of Environmental Quality-

Implementation of International Environmental obligations-

Coordination among Environmental Authorities-

Before 1986, Environmental regulation was fragmented.

Empowerment of the Central Government-

A major objective is to give wide and flexible powers to the central Government under Section 3.

This ensures swift administrative action.

Prescribing environmental Standards-

This objective ensures uniform national standards.

Regulation of Hazardous Substances-

Bhopal Gas Tragedy (1984) was a major reason for including these objectives.

Environmental Impact Assessment-

Protection of Ecologically Sensitive Areas-

E.g., Coastal zones, Forest areas, Wildlife Habitats, etc.

Strict Enforcement & Penal Provisions-

This objective ensures deterrence against environmental violations.

Public Health & Safety-

This aligns with Article 21 of the Indian Constitution (Right to Life).

Promotion of sustainable Development-

Ensuring that present needs are met without compromising the needs of future generations.

How far the objectives of the Environment (Protection) Act, 1986 have been achieved?

The Environment (Protection) Act, 1986, was enacted in the aftermath of the Bhopal Gas Tragedy, 1984 with the objective of providing a comprehensive, centralized and effective legal framework for environmental protection in India. While the Act is progressive in intent and structure, its practical success has been mixed.

Achievements (Positive aspect)-

1. Comprehensive legal framework-

2. Expansion of executive powers-

3. Evolution of environmental rules-

4. Judicial enforcement of Environmental Jurisprudence-

5. Adoption of Environmental Principles

6. Environmental Impact Assessment-

Failure & Limitations-

1. Weak enforcement Machinery-

2. Over centralization of Powers-

 3. Dilution of EPA & Regulatory norms-

→ Reduction in public hearings

→Exemption for several projects

→Post facto environmental clearance

→Achievement level - declining

→Alembic Pharmaceuticals vs Rohit Prajapati

4. Inadequate penalties-

→Not proportionate to environmental damage

→Outdated

→Fail to deter corporate violators

→Achievement level -> low

5. Limited Public participation and awareness-

→Access to Justice is unequal.

→Environmental awareness remains low

→Procedural complexities exists

→Achievement level -> Partial

6. Continued Environmental Degradation-

→Ground water depletion continues

→Air quality worsens in major cities

→Rivers remaining polluted

→Achievement level not achieved in practice

→Biodiversity loss is increasing

The Environment (Protection) Act, 1986 has been highly successful as a legal instrument and constitutional catalyst, but moderately successful as an enforcement mechanism. Its objectives have been achieved in principle but not fully in practice.

Environmental governance in India continues to rely heavily on judicial intervention rather than administrative efficiency. For the Act to realize its full potential, strong political will, stricter enforcement, updated penalties and public participation are essential.