Previous Year Question

The Environment (Protection) Act, 1986 is a comprehensive central law enacted in India for the protection and improvement of the environment. It was enacted on 23 May 1986 and came into force on 19 November 1986. It is officially designated as Act No. 29 of 1986. Its primary objective is to ensure the prevention, control, and abatement of Environmental Pollution while protecting air, water, land, animals, and plants. The Act extends to the whole of India.

The historical background of this legislation is associated with the United Nations Conference on the Human Environment, held in Stockholm in 1972, in which India participated. The conference emphasized international cooperation and the adoption of effective national measures for environmental protection. Additionally, the Bhopal Gas Tragedy of December 1984 highlighted the seriousness of environmental risks arising from industrial pollution and hazardous chemicals. These circumstances further emphasized the need for comprehensive environmental protection legislation in India.

Section 3 of the Environment (Protection) Act, 1986 empowers the Central Government to take necessary measures to improve environmental quality and prevent and control pollution. Section 5 authorizes the Central Government to issue directions to industries or other establishments according to prescribed procedures, including directions for the closure or regulation of activities and the stoppage of electricity or water supply. Section 6 provides the power to frame rules for controlling environmental pollution. Regulatory frameworks concerning emission standards, hazardous substance management, environmental monitoring, and pollution control have been developed under this Act.

Other major environmental laws in India include the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. The Water Act primarily addresses the control of water pollution, while the Air Act focuses on the prevention and control of air pollution. In contrast, the Environment (Protection) Act, 1986 provides a comprehensive legal framework for environmental protection. The Environment (Protection) Rules, 1986, were also notified under this legislation.