News Highlights
The Centre’s proposed amendments to decriminalise specific provisions of the Environment Protection Act (EPA) were to “save law-abiding citizens/entrepreneurs from undue harassment in case of minor noncompliance’s,”
Background
Earlier this month, the Environment Ministry issued a notification proposing amendments to the Environment Protection Act (EPA)
What is the amendment proposed?
- The ministry proposed removing imprisonment as punishment for “less severe” violations.
- Proposed to replace imprisonment with a monetary penalty for the “less severe” contraventions under the EPA.
- Serious breaches of EPA which lead to grievous injury or loss of life shall be covered under the provision of the Indian Penal Code.
- The penalty amount for the repeated offence would be equivalent to the damage caused. There is imprisonment only after a defaulter fails to pay the penalty and additional penalty.
- Creation of an “Environmental Protection Fund’’ in which the penalty amount will be remitted.
- This would be utilised for remittance to the affected parties.
- The amendment said the Centre would prescribe how the Fund would be administered and how the money shall be drawn.
- The MoEFCC has introduced a provision in the Acts that any aggrieved party can now approach the National Green Tribunal to appeal against the order passed by any adjudicating officer.
Environment Protection Act
- The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment.
- The Act was passed by the Government of India under Article 253 of the Constitution of India, which empowers the union government to enact laws to give effect to international agreements signed by the country.
- The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environment.
- The Act is an “umbrella” legislation that has provided a framework for the environmental regulatory regime in India, which covers all major industrial and infrastructure activities and prohibits and regulates specific activities in coastal areas and eco-sensitive areas.
Salient features of the Environment Protection Act, 1986
- The Act covers all forms of pollution; air, water, soil and noise.
- It provides the safety standards for the presence of various pollutants in the environment.
- It prohibits the use of hazardous material unless prior permission is taken from the Central Government.
- It allows the central government to assign authorities in various jurisdictions to carry out the laws of this Act.
Significance of these amendments
- Move aimed at reducing fear of imprisonment among industries.
- Decriminalization’ is not a dilution and makes no difference since very few criminal cases are filed under these Acts.
- According to the National Crime Records Bureau (NCRB), 992 cases were registered under the Environment (Protection) Act in 2020
- Criminal provisions of the Environment, Air and Water Acts have never worked because the Code of Criminal Procedure is too complicated to deal with environmental matters. It takes years or even decades until someone is finally persecuted.
- An analysis by the Centre for Science and Environment (CSE) found that Indian courts took between 9-33 years to clear a backlog of cases for environmental violations.
- Criminal prosecution under these laws is extremely difficult because it involves complaining to the judicial magistrate, who will set up a trial, after which a judgment will be announced.
- Practically, those who suffer from pollution want its source removed, the resource restored, and compensation for whatever damage is caused.
- There is no need to try to catch the polluters.
Content Source: The Hindu
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