Scribd
Upload
50 views9 pages

Epa 1986 PDF

The document summarizes the key aspects of environmental governance and law in India. It discusses the origins of environmental protection efforts dating back to the 1970s. It outlines the constitutional provisions around environmental protection incorporated in 1976. It then details the objectives and scope of the Environment (Protection) Act 1986, which was enacted as an "umbrella" law following the Bhopal gas tragedy to coordinate environmental authorities and enact general protection laws. The Act aims to implement decisions from the 1972 UN conference, create regulatory authorities, coordinate existing laws, and provide deterrents for environmental hazards while pursuing sustainable development goals.

Uploaded by

Bhavy Jyani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
50 views9 pages

Epa 1986 PDF

The document summarizes the key aspects of environmental governance and law in India. It discusses the origins of environmental protection efforts dating back to the 1970s. It outlines the constitutional provisions around environmental protection incorporated in 1976. It then details the objectives and scope of the Environment (Protection) Act 1986, which was enacted as an "umbrella" law following the Bhopal gas tragedy to coordinate environmental authorities and enact general protection laws. The Act aims to implement decisions from the 1972 UN conference, create regulatory authorities, coordinate existing laws, and provide deterrents for environmental hazards while pursuing sustainable development goals.

Uploaded by

Bhavy Jyani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 9

LLB205– Environmental Law

Lecture 9
Recap of the last lecture

• Sustainable Development – Nature and Scope


• Significance of Sustainable development
Topics to be covered today

• The Environment (Protection) Act 1986


• Introduction
• Objectives and scope
Environmental Governance in India

• The concern for environment has its early beginning in India with the
concern for public health, water supply, and disposal of waste. The
rise in the awareness of environmental degradation due to impact of
modern industrial development in the 1970s brought a major change
in the perception at the national & regional level.
• The rapid growth of institutions to deal with environmental protection
has been accomplied by the rise in public awareness about
environmental Issues.
• The new “environment establishments” include many significant
non-governmental organizations formed to voice public concern.
• The national developments have been reflected at the regional and
international levels. Thus international treaties were signed to deal
with the increasingly complex conservation and pollution prevention
problems.
Constitutional Provisions

• The Forty Second Amendment Act • Environment protection and


improvement were explicitly incorporated into the constitution by the
(42nd Amendment) Act of 1976. • It Declares “The State shall
endeavour to protect and improve the environment and to safe
guard the forest and wildlife of the country”.
• Article 51 A (g) in a new chapter entitled “Fundamental Duties” ,
impose a similar responsibility on every citizen to protect and
improve the natural environment including the forest, lakes, rivers,
and wildlife, and to have a compassion for living creatures” •
Together, the provisions highlight the national consensus on the
importance of environmental protection and improvement.
• Environment Protection and Fundamental Rights Right to
Wholesome Environment • The Supreme Court expanded Article 21
to include environment protection the apex court interpreted the right
to life and personal liberty to include the right to wholesome
environment and introduced stiffer penalties
Scheme

• The Environment Protection Act has 26 Sections and it has been


divided into four Chapters
1. Preliminary
2. General Powers of the Central Government
3. Prevention, Control and Abetment of Environmental Pollution
4. Miscellaneous
The Environment (Protection) Act 1986

• In the wake of the Bhopal Gas Tragedy, The government of India


enacted the Environment (Protection) Act
• Enacted under Article 253 of the Indian constitution and the
expression in the say of environmental quality was taken at the
United Nation Conference on the Human Environment held at
Stockholm in June 1972. The government of India strongly voiced
against the environmental concerns and further passed many Acts
related to the environment.
• 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.
Objectives
The Environmental Protection Act, 1986 (EPA) was passed with the
following objects:
i. It was enacted to implement the decisions which were made at the
United Nation Conference on the Human Environment held at Stockholm
in June 1972
ii. Creation of authority for government protection.
iii. Coordinating the activities of various regulating agencies which is done
under the existing law.
iv. The main task is to enact general laws for environmental protection,
which could be unfolded in areas of severe environmental hazards.
v. Providing deterrent punishment to those who inculcate in endangering
the human environment, safety and health.
vi. The main goal for the environment should be sustainable development
and it can be regarded as one of the goals for Environment Protection
Act, 1986.
vii. Sustainable development includes achieving the object and the purpose
of the act as well as the protection of life under Article 21 of the Indian
Constitution.
Thank you

Ms. Anupriya Thakur


School of Law
Shoolini University
Village Bajhol, Solan (H.P)

+91 8894663105 (Mob No.)


[email protected]

You might also like