ENVIRONMENT PROTECTION ACT, 1986

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INDIAN JOURNAL OF ADVANCE SCHOLARS ENVIRONMENT PROTECTION ACT, 1986 Prerna Jain B.A.Ll.B- 4 Sem Srms College Of Law, Bareilly (Up)

CONTENTS 1. INTRODUCTION TO ENVIRONMENT 2. DEFINITION OF ENVIRONMENT 3. OBJECTIVES OF PROTECTION OF ENVIRONMENT: 4. INTERNATIONAL CONFERENCES AND CONVENTIONS 5. INTERNATIONAL ENVIRONMENTAL LAW: SOURCES 6. NEED FOR EP ACT 7. PREVENTION, CONTROL & ABATEMENT 8. CONCLUSION 9. REFERENCES

INTRODUCTION TO ENVIRONMENT What is Environment?

The term environment has been derived from a French word “Environia” means “to surround”. Thus, Environment refers to the environment or conditions during which an individual, animal, or plant lives or operates. It comprises of biotic and abiotic and energy component. All the living creatures on the earth are dependent on the environment in a number of ways. It acts as a life support system for the living beings.

Definition of Environment: 

“Environment includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.”

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

The “environment” consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or manmade structures above or below ground.

OBJECTIVES OF PROTECTION OF ENVIRONMENT: • Efficient and effective use of natural resources.

• Protecting and maintaining environmental quality.

• Keeping the ecosystem in balanced form.

• Achievement of sustainable development.

• Aware people about Environment.

• Reducing environmental pollution.

• Environmental training and education.

INTERNATIONAL CONFERENCES AND CONVENTIONS Before 1950, environmental protection was not a global issue. Environmental degradation received little attention as a trans-boundary problem. It was considered as a problem of a region or a country. As we are moving towards industrialization and our increasing dependency on machines had an adverse impact on the natural resources and have put the whole Earth in a threat.

The problems like the ozone hole, acid rain, global warming, Ocean acidification, Loss of biodiversity, etc. cannot be taken as regional issues as it does not only affect the people of one country or one region but will affect the human being, the flora and fauna of the whole world. So, the need was felt to consider these issues at international or global level. Keeping in view this international nature of environmental issues many conferences and conventions were held at international level to protect and preserve our environment.

INTERNATIONAL ENVIRONMENTAL LAW: SOURCES The end of Second World War leads to the establishment of environmental law.

The following points show the beginning of the environmental concerns at global level: • First modern specific legislation on environmental law - National Environmental Policy Act 1960 (US).

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• Celebration of “Earth Day” on 22 April 1970 in US. • First international conference on human environment - in Stockholm in 1972 The United Nations Conference on the Human Environment (also known as the Stockholm Conference) held in Stockholm in 1972.

TREATIES, CONVENTIONS AND PROTOCOLS There are some important treaties, conventions and protocols on environment. Following are some of them: • The Antarctic Treaty, 1959 • The Convention for the Conservation of Antarctica Seals, 1972 • The Convention on the Conservation of Migratory Species of Wild Animals, 1979 • The 1991 Protocol on Environmental Protection to the Antarctic Treaty • Kyoto Protocol, 1997 • The Cartagena Protocol, 2000

NEED FOR EP ACT In the first UN international conference on Human Environment in June 1972 in Stockholm it was declared: “To defend and improve human environment for present and future generation has become an important goal for mankind”.

As a result, it called upon the government and people of the world to apply common efforts for the conservation

and

improvement

of

the

environment.

26 Principles were determined in the conference which is known as The MAGNA CARTA on Human Environment.

Being a signatory of the Stockholm conference, India passed a number of statutes to conserve and improve the environment. The ever increasing dependence of human beings on environment was considered as a major

issue

due

to

which

the

need

for

environment

protection

laws

was

felt.

Some of the major Statutes passed by the Government of India are as follows: 1.Water ( Prevention & Control of pollution ) Act, 1974 2. Air ( Prevention & Control of pollution ) Act, 1981

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3. The Environment( Protection) Act ,1986 4. National Environment Tribunal Act, 1995

PREVENTION, CONTROL & ABATEMENT There are certain important provisions incorporated in the Environment p\Protection Act 1986 for the Prevention, Control & Abatement of Environment. They are as follows:

SECTION

CONTENT

INSERTED 

SEC 06

Rules to regulate Environment pollution.



SEC 15

Penalty for Contravention of the provision of the EP Act ,1986 and the rules , orders and direction.



SEC 16

Provide Details about offences against Environment by the companies.



SEC 17

Offences by government department.

“BHOPAL GAS DISASTER CASE”, 1986 The Bhopal gas tragedy is, considered as the world’s nastiest industrial disaster of the century. The tragedy occurred in December 1984 at Bhopal, Madhya Pradesh. The tragedy was the consequence of the leakage of methyl isocyanide (MIC) gas from the Union Carbide India Ltd (UCIL) plant which manufactured pesticides. In the whole city of Bhopal, people were open to this gas leading to health problems to many people. Thousands of people died and a number of people persistent and permanent injuries.

The Indian Government filed a case in the U.S Court for damages of $3.3 billons against the Union Carbide Corporation. February 1989. In an out of court settlement the liability of the Union Carbide was fixed at $470 millions fully and final settlement of all claims, rights, and liabilities arising out of the tragedy.

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It was held by the court that, the plea of accused was rejected and was subjected to liability for their act.

Ultimately all were found guilty and were subjected to imprisonment and were also liable to fine.

CONCLUSION As we reached to our final section of Article after discussion on Protection, Abatement & Control with some of the stringent provision of Laws in respect of Environment protection, we comes to know that “Environment is no one’s property to destroy; its everyone’s responsibility to protect” Conclusively by going through this article on Environment Protection , we come to the conclusion that if we want a future with sustainable resources and ecologically well equipped life then we have to Conserve as well as Protect the environment by all our means.

Not the stringent laws are the medium but their proper execution is the only way to protect, Abet & control the environment for both present as well as future generations.

REFERENCES 1. Oxford Dictionary.

2. Indian Environment (Protection) Act, 1986, Section 2(a).

3. Environmental Protection Act, 1990, United Kingdom, Section 1(2).

4. Mohith Agadi 5. http://www.legalservicesindia.com/article/373/Legal-Aspects-of-the-Bhopal-GasTragedy.html 6. http://bch.cbd.int/database/attachment/?id=19052 7. https://www.utkaltoday.com/air-pollution-act/ 8. https://www.commonfloor.com/guide/water-act-1974-to-prevent-and-control-waterpollution-43718.html 9. http://hrlibrary.umn.edu/instree/humanenvironment.html#:~:text=To%20defend%20and%20 improve%20the,worldwide%20economic%20and%20social%20development.

10. https://www.bfn.de/en/activities/international-nature-conservation/international-agreementsand-programmes/steckbriefe-meeresnaturschutz/antarctic-treaty-system.html 11. https://www.legislation.gov.uk/ukpga/1990/43/section/1/1991-12-01?view=plain 12. https://www.helplinelaw.com/govt-agencies-and-taxation/ETPA/the-environmentprotection-act1986.html#:~:text=%22Environment%22%20includes%20water%2C%20air,%2C%20micro %2Dorganism%20and%20property.

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13. https://www.lexico.com/definition/environment 14. https://www.coursehero.com/file/21530794/The-term-environment-has-been-derived-froma-French-word/

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