Environment Protection Act 1986:
According to the Environment Protection Act 1986, “environment” consists of land, water, and air and the inter-relationship among and between human beings, and land, water, and air, other living creatures, micro-organisms, plants, and property.
The genesis of the Environment Protection Act 1986, can be seen in Article 48A of (DPSP) and Article 51A(g) of fundamental duties of the Constitution of India.
The main provisions of the Environment Protection Act 1986 are given below:
- The Act empowers the central government to take all suitable measures to control and stop pollution and to establish effective mechanisms to prevent pollution.
- Under the provisions of the Environment Protection Act 1986; government or any authorized person can collect the samples of air, water, soil, etc. as evidence of the offense.
- The provisions of the act prescribed a special procedure for hazardous substance handling.
- The Environment Protection Act 1986; relaxed the rule of “Locus Standi” by this a common citizen can approach the court/judiciary provided that he or she has given the notice period of 60 days of the alleged offense.
- The act gives authority to the central government to issue any guidelines for the process or operation and regulation of any industry. In this regard, the government can regulate or stop any service like water, electricity, etc. without the court order.
- The Environment Protection Act 1986; has the provisions of stringent punishment and penalty. The minimum penalty can extend to five years or a fine up to one lakh or both.
- The officer of government gets immunity under the Environment Protection Act 1986 for his actions that are prescribed or vested to him under the act.
- Civil court is debarred from having any kind of jurisdiction with respect to the action or order issued by the central government or any other statutory authority under this act.
- The provisions of the Environment Protection Act 1986 will have supremacy i.e the rules, orders, or provisions made under this act will always prevail over any other act.
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