Environmental Protection Law – An Act to Improve the Quality of Environment

International Journal of Advanced Scientific Research & Development (IJASRD)
ISSN: 2394 – 8906
www.ijasrd.org, Pp: 23 – 29
Two Day National Seminar on “Make in India: How Get the Manufacturing Going” 23 | P a g e
R.V.S. College of Arts & Science, Karaikal
Environmental Protection Law – An Act to Improve the Quality
of Environment
K. Anuradha 1
, M.Vijayalakshmi 2
ABSTRACT: Environmental degradation in India has been caused by a variety of social,
economic, institutional and technological factors. Rapidly growing population, urbanization
and industrial activities have all resulted in considerable deterioration in the quality and
sustainability of the environment. Environmental ethics have also formed an inherent part of
Indian religious precepts and philosophy. Environmental protection is a practice of
protecting the natural environment on individual, organizational or governmental levels, for
the benefit of both the natural environment and humans. The Objectives of study is to
understand the basic principles of the Act such as To co-ordinate the activities of the
various regulatory agencies already in existence, Creation of an authority or authorities with
adequate powers for environmental protection, Regulation of discharge of environmental
pollutants and handling of hazardous substance, Speedy response in the event of accidents
threatening environmental and deterrents punishment to those who endanger human
environment, safety and health. Acts are enforced in the country, but their implement is not so
easy. The reason is their implementation needs great resources, technical expertise, political
and social will. Again the people are to be made aware of these rules.
KEYWORD: Environment, Environment protection, Ethics of Environment
It is interesting to note that natural resources had been stored virtually untouched in
the Earth for millions of years. But since the start of the industrial revolution vast amounts of
these resources had been exploited within a period of just a couple of hundreds of years at
unimaginable rates, with all the waste from this exploitation going straight in the environment
(air, water, land) and seriously damaging its natural processes. Although pollution had been
known to exist for a very long time (at least since people started using fire thousands of years
ago), it had seen the growth of truly global proportions only since the onset of the industrial
revolution during the 19th century. Environmental degradation in India has been caused by a
variety of social, economic, institutional and technological factors. Rapidly growing
population, urbanization and industrial activities have all resulted in considerable
deterioration in the quality and sustainability of the environment. Environmental ethics have
also formed an inherent part of Indian religious precepts and philosophy. Worship of nature -
Sun, Moon, Earth, Air and Water - was not merely a primitive man's response to the fear of
the unknown, but it arose from the deep reverence shown to the forces of nature which
sustained and preserved human life on earth. The basic tenet that underlies this deep
reverence for nature is the belief that life is a singular, continuous and uniform phenomenon
and even a small change in one part of the eco-system is likely to reverberate throughout.
India and Environment
Due to uncontrolled dumping of chemical and industrial waste, fertilizers and
pesticides, 70% of the surface water in India is polluted. The nation has 1,260 cu km of
1
Assistant Professor, Department of Commerce and Management Studies.
2
Assistant Professor, Department of Commerce and Management Studies.

ISSN: 2394 – 8906
renewable water resources, of which 92% is used for farming. Safe drinking water is
available to 95% of urban and 79% of rural dwellers. Air pollution is most severe in urban
centers, but even in rural areas, the burning of wood, charcoal, and dung for fuel, coupled
with dust from wind erosion during the dry season, poses a significant problem. Industrial air
pollution threatens some of India's architectural treasures, including the Taj Mahal in Agra,
part of the exterior of which has been dulled and pitted by airborne acids. In what was
probably the worst industrial disaster of all time, a noxious gas leak from a Union
Carbide pesticide plant in Bhopal, the capital of Madhya Pradesh, killed more than 1,500
people and injured tens of thousands of others in December 1985. In 1992 India had the
world's sixth-highest level of industrial carbon dioxide emissions, which totaled 769 million
metric tons, a per capita level of 0.88 metric tons.
India ranks 155th out of 178 countries in its efforts to address environmental
challenges, according to the 2014 Environmental Performance Index (EPI). India performs
the worst among other emerging economies including, China, which ranks 118th, Brazil, at
77th, Russia, at 73rd, and South Africa at 72nd. A bottom performer on nearly every policy
issue included in the 2014 EPI, with the exception of forests, fisheries, and water resources,
India’s performance lags most notably in the protection of human health from environmental
harm. In particular, India’s air quality is among the worst in the world, tying China in terms
of the proportion of the population exposed to average air pollution levels exceeding World
Health.
Environmental Challenges
We are facing various environmental challenges. It is essential to get the country
acquainted with these challenges so that their acts may be eco-friendly. Some of these
challenges are as under:
1. Growing Population:
A population of over thousands of millions is growing at 2.11 per cent every year. It
puts considerable pressure on its natural resources and reduces the gains of development.
Hence, the greatest challenge before us is to limit the population growth. Although
population control does automatically lead to development, yet the development leads to a
decrease in population growth rates.
2. Poverty:
India has often been described a rich land with poor people. The poverty and
environmental degradation have a nexus between them. The vast majority of our people are
directly dependent on the nature resources of the country for their basic needs of food, fuel
shelter and fodder. About 40% of our people are still below the poverty line. Environment
degradation has adversely affected the poor who depend upon the resources of their
immediate surroundings. Thus, the challenge of poverty and the challenge environment
degradation are two facts of the same challenge. The population growth is essentially a
function of poverty. Because, to the very poor, every child is an earner and helper and global
concerns have little relevance for him.

ISSN: 2394 – 8906
3. Agricultural Growth:
The people must be acquainted with the methods to sustain and increase agricultural
growth with damaging the environment. High yielding varieties have caused soil salinity and
damage to physical structure of soil.
4. Need to Ground Water:
It is essential of rationalizing the use of groundwater. Factors like community wastes,
industrial effluents and chemical fertilizers and pesticides have polluted our surface water and
affected quality of the groundwater. It is essential to restore the water quality of our rivers
and other water body as lakes is an important challenge. It so finding our suitable strategies
for consecration of water, provision of safe drinking water and keeping water bodies clean
which are difficult challenges is essential.
5. Development and Forests:
Forests serve catchments for the rivers. With increasing demand of water, plan to
harness the mighty river through large irrigation projects were made. Certainly, these would
submerge forests; displace local people, damage flora and fauna.As such, the dams on the
river Narmada, Bhagirathi and elsewhere have become areas of political and scientific debate.
Forests in India have been shrinking for several centuries owing to pressures of agriculture
and other uses. Vast areas that were once green, stand today as wastelands.
6. Degradation of Land:
At present out of the total 329 mha of land, only 266 mha possess any potential for
production. Of this, 143 mha is agricultural land nearly and 85 suffer from varying degrees of
soil degradation. Of the remaining 123 mha, 40 are completely unproductive. The remaining
83 mha is classified as forest land, of which over half is denuded to various degrees. Nearly
406 million head of livestock have to be supported on 13 mha, or less than 4 per cent of the
land classified as pasture land, most of which is overgrazed. Thus, our of 226 mha, about 175
mha or 66 per cent is degraded to varying degrees. Water and wind erosion causes further
degradation of almost 150 mha.
7. Reorientation of Institutions:
The people should be roused to orient institutions, attitudes and infrastructures, to suit
conditions and needs today. The change has to be brought in keeping in view India’s
traditions for resources use managements and education etc. Change should be brought in
education, in attitudes, in administrative procedures and in institutions. Because it affects way
people view technology resources and development.
8. Reduction of Genetic Diversity:
At present most wild genetic stocks have been disappearing from nature. Wilding
including the Asiatic Lion are facing problem of loss of genetic diversity. The protected areas
network like sanctuaries, national parks, biosphere reserves are isolating populations. So,

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they are decreasing changes of one group breeding with another. Remedial steps are to be
taken to check decreasing genetic diversity.
9. Evil Consequences of Urbanization:
Nearly 27 per cent Indians live in urban areas. Urbanization and industrialization has
given birth to a great number of environmental problems that need urgent attention. Over 30
per cent of urban Indians live in slums. Out of India’s 3,245 towns and cities, only 21 have
partial or full sewerage and treatment facilities. Hence, coping with rapid urbanization is a
major challenge.
10. Air and Water Population:
Majority of our industrial plants are using out-dated and population technologies and
makeshift facilities devoid of any provision of treating their wastes. A great number of cities
and industrial areas that have been identified as the worst in terms of air and water pollution.
Some of the Environmental Issues that Need Fixing
Here are several cause-and-effect problems that harm our environment:
 Oil Drilling- This issue is one that causes a great deal of environmental destruction.
Our dependence on fossil fuel is a global addiction that affects every aspect of the
world. Oil spills and offshore drilling poison marine life, oil drilling (on land)
suffocates the earth, and the combustion of fossil fuels add to the increased
atmospheric CO₂, which in turns causes the progression of global warming and ocean
acidification. This is a multifaceted issue and is a good cause to get involved with
because it covers such a broad spectrum of issues.
 Deforestation- Millions of acres of forest are cut down for industrial benefit, such as
large scale farming, oil mining, and the production of paper goods. Deforestation
causes wildlife and biodiversity extinction. The International Union for Conservation
of Nature (IUCN) has a Red List of environmentally threatened species with up-to-
date information. Oftentimes, the cause for their threatened existence is listed as loss
of habitat as it is for many Amazonian species.
 Production of Plastic Goods- Currently our society creates a great deal of waste and
much of that waste is comprised of plastic. According to the Environmental
Protection Agency (EPA) in 2010 alone 31 million tons of plastic waste was created.
This waste ends up all over the globe in both land and water, a good example is the
Great Pacific Garbage Patch. Not only is plastic waste an issue, but the production of
plastic is also dependent on fossil fuel combustion. According to the U.S. Energy
Information Administration (EIA) in 2010 191 million barrels of liquid petroleum
gases (LPG) and natural gas liquids (NGL) were used in the U.S. alone to produce
plastic goods.
Environmental Protection
Environmental protection is a practice of protecting the natural environment on
individual, organizational or governmental levels, for the benefit of both the natural

ISSN: 2394 – 8906
environment and humans. This Act was enacted in the aftermath of the Bhopal gas tragedy
in 1984 claiming more than 3000 lives. The Statement of Objects and Reasons of this Act
refers to the decisions taken at the Stockholm Conference in June 1972 and expresses concern
about the decline in environmental quality, increasing pollution, loss of vegetal cover and
biological diversity, excessive concentrations of harmful chemicals in the ambient
atmosphere, growing risks of environmental accidents and threats of life system. The Act is
an “umbrella” legislation designed to provide a framework for central government
coordination of the activities of various central and state authorities established under
previous laws, such as the Water Act and the Air Act.
According to Section 2(a) of the Environmental Protection Act, 1986,
‘Environment’ includes; a) Water, air and land, and b) The inter-relationship which exists
among and between, i) water, air, land, and ii) human beings, other living creatures, plants,
microorganisms and property. It defines hazardous substance as ‘any substance or preparation
which, by reasons of its chemical or physiochemical properties or handling, is liable to cause
harm to human beings, other living creatures, plants, micro-organism, property or the
environment’.
Objectives of the Act
 To co-ordinate the activities of the various regulatory agencies already in existence.
 Creation of an authority or authorities with adequate powers for environmental
protection.
 Regulation of discharge of environmental pollutants and handling of hazardous
substance.
 Speedy response in the event of accidents threatening environmental and deterrents
punishment to those who endanger human environment, safety and health.
List of Environmental Related Laws in India
 The Water (Prevention and Control of Pollution) Act, 1974
 The Water (Prevention and Control of Pollution) Rules, 1975
 The Water (Prevention and Control of Pollution) Cess Act, 1977
 The Water (Prevention and Control of Pollution) Cess Rules, 1978
 The Air (Prevention and Control of Pollution) Act, 1981
 The Air (Prevention and Control of Pollution) Rules, 1982
 The Environment (Protection) Act, 1986
 The Environment (Protection) Rules, 1986
 Hazardous Wastes (Management and Handling) Rules, 1989
 Manufacture, Storage and Import of Hazardous Chemical Rules, 1989
 The Forest (Conservation) Act, 1980
 The Forest (Conservation) Rules, 1981
 The Wildlife Protection Act, 1972
 The Wildlife (Transactions and Taxidermy) Rules, 1973
 The Wildlife (Stock Declaration) Central Rules, 1973

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 The Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules,
1983
 The Wildlife (Protection) Rules, 1995
 The Wildlife (Specified Plants - Conditions for Possession by Licensee) Rules, 1995
 The Public Liability Insurance Act, 1991
 The National Environment Tribunal Act, 1995
Highlights of the Environment Protection Act (1986)
The act provides general powers to the Central Government to take all necessary
measures for the purpose of:
(A)Protecting and improving the quality of the environment and
(B) Preventing, controlling and abating environmental pollution.
Besides, other powers the Central Government shall have process for:
(ii) Planning and execution of a nationwide programme for the prevention, control and
abatement of environmental pollution.
(iii)Laying down standards for the quality of environment in its various aspects.
(iv)Laying down standards for emission or discharge of environmental pollutants from
various sources whatsoever.
(v) Restriction of areas in which industry, operations or processes shall not be carried out
subject to contain safeguards.
(vi)Laying down procedures and safeguards for prevention of accidents, which may cause
environmental pollution.
(vii) Laying down procedures for handling of hazardous substances.
(viii) Examination of such manufacturing processes materials and substances as are
likely to cause environmental pollution.
(ix)Carrying out and sponsoring investigations and research relating to problems of
environ-mental pollution.
(x) Collection and dissemination of information on environmental pollution and
(xi)Preparation of manuals, codes or guides, relating to the prevention, control and
abatement of environmental pollution.
Powers Provided by the Act to Central Government
To make rules to regulate environmental pollution; To notify standards and maximum
limits of pollutants of air, water, and soil for various areas and purposes; Prohibition and
restriction on the handling of hazardous substances, and location of industries (Sections 3-
6).Under Sec (3): may constitute authority or authorities for the purpose of exercising of
performing such of the powers and functions; Under Sec (4): may appoint a person for
inspection; Under Sec (5): may issue directions in writing to any officers or any authority to
comply; Under Sec (6): it empower the government to make rules to achieve the object of the
Act. Under Sec (7): persons carrying on industry, operation etc. not to allow emission or
discharge of environmental pollutants in excess of the standards; Under Sec (8): persons
handling hazardous substances must comply with procedural safeguards.

ISSN: 2394 – 8906
Penalty
Whoever Person found to be the cause of pollution, may be liable for punishment for
a term which may extend to five years or with fine which may extend to one lakh rupees or
both (Sec 15, 16, 17). If not comply fine of Rs. 5000 per day extra, still if not comply for
more than one year, then imprisonment may extend up to 7 years.
Section 17 specifies that Head of the department/ incharge of small unit may be liable
for punishment if the owner /occupier produce enough evidence of innocence. The state govt.
have power to close or cancel or deny the authorization to run the factory/institution/hospital
whichever is causing pollution.
Conclusion
Acts are enforced in the country, but their implement is not so easy. The reason is
their implementation needs great resources, technical expertise, political and social will.
Again the people are to be made aware of these rules. Their support is indispensable to
implement these rules. We can protect our environment in many ways. Some of the
suggestions are instead of driving to work or school, take the bus, carpool, walk, or ride your
bike to cut down on greenhouse gas emissions. According to the EPA transportation adds to
33% of the total atmospheric CO₂. Consider investing in appropriate technology like clean
power (solar or wind), if not for your home maybe for a community center. This will also
help wean ourselves off fossil fuels. Buy reusable products such as glass bottles, reusable
bags and cups etc. Avoid buying paper towels, plastic bottles and bags. Start composting and
recycling, which will help cut down our waste production. Support local businesses and
farmers by only buying organic food at farmers markets. Make sure the food is pesticide free.
This will help your community become self-reliant.
References
[1] Arrow, Kenneth J. and F.H. Hahn, 1971. General Competitive Analysis, Holden-Day,
Sanfrancisco
[2] Bator, F.M., 1958. ‘The Anatomy of Market Failure’, Quarterly Journal of Economics,
Augus
[3] "The Asian Brown Cloud: Climate and Other Environmental Impacts". United Nations
Environmental Programme. 2002
[4] "Gridlocked Delhi: six years of career lost in traffic jams". India Today. 5 September
2010.
[5] "CO2 Emissions from Fuel Combustion Highlights, 2011 Edition". International Energy
Agency, France. 2011.

Environmental Protection Law – An Act to Improve the Quality of Environment

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Environmental Protection Law – An Act to Improve the Quality of Environment