Authored By: Semusi Datta
Brainware University, Barasat , West Bengal
ABSTRACT
Environment is a very precious thing for any living and non-living beings in earth. It is our duty to protect this environment. Environment is the home for humans, animal kingdom, plants and various other species, but industrialization, personal greed of people, pollution destroy our precious environment gradually. As per India, it is certain that India is a bio -diverse country with all the bounty full of species in our country. India has a lot of unique species that can be rare and extraordinary. We also have a bounty full source of plants species. India does not have any specific legislation for the protection of the environment before 1986. It is the renowned Bhopal Gas Leak Tragedy of 1984 that became a turning point for environmental cases in India.
INTRODUCTION
Environmental protection in India has transformed from an fragment to an umbrella legislation. This environment protection Act 1986 is a more compact, comprehensive, statutory, judicial framework. The environment protection Act 1986 is an important incident in India. It came after the tragic incident of Bhopal Gas leak case. This is an umbrella legislation that covers all aspects of environment like protecting, improving the environment entirely. It gives a consolidated framework to protect our environment. This article explores the environmental concerns, mechanism to handle it. It is a most needed legislation that actually help to protect our dear environment and it also gives us mechanism, judicial framework to combat any trouble regarding environment as a whole.
ENVIRONMENT CONCERNS IN INDIA BEFORE THE ENVIRONMENT PROTECTION ACT 1986.
Before 1986, environment laws were not gathered together, it was scattered across various statutes. Some provisions were here and there placed into different statutes, some were indirect, some were not specific.
Lack of comprehensive legal framework:
- The Indian penal code 1860 penalized public nuisance, but it was not effective at giving protection.
- Indian Forest Act 1927 also was not totally devoted to resolve the problems related environment.
- The water (prevention and control of pollution) Act ,1974 and Air (prevention and control of pollution) Act 1981 though talks about pollution to be specific but these acts did not address the broader environment crisis.
Though there were fragmented pieces but not a single integrated legislation was there before
1986.
Weak Authoritative structure:
There was not a single strong rigid authoritative structure to protect the environment, though
the Central and State Pollution control board were created under Air and Water protection Act
but their powers were limited.
They did not have
- the enforcing strength,
- technical scopes
- and autonomy.
Rapid Industrialization and Urbanization
After independence the rapid industrial growth had its own consequences:
- Unmonitored release of toxic substance into rivers like Ganga, Yamuna.
- Rapidly increase the levels of air and water pollution.
- Dumping chemical wastes here and there without proper mechanism.
- Excessive deforestation for the sake of commercial logging and industrial growth.
- These reasons pushed Indian judiciary to make environment safeguard.
Major Environment Disasters:
The absence of rigid environment laws led to major environment disasters. In which the most notable one was the Bhopal gas leak Case 1984. That changed the whole thinking around environmental protection.
The Infamous Bhopal Gas leak case pointed out lacking of mechanism, protection for environment.
The case brutally pointed out that:
- India did not have adequate chemical safety regulations back then.
- Lack of emergency response systems.
- Absence of strict environmental protection rules.
- Weak Government oversight.
The Bhopal Gas leak case Actually pointed out the Indian Judiciary system that Environment laws are important now.
THE ENVIRONMENT (PROTECTION) ACT, 1986: A TURNING POINT.
The Environment Protection Act 1986 is a turning point for Indian Environmental legislation, it was the first umbrella legislation that covers all aspect of environment, that wholly talks about the whole degradation of Environment.
- The Stockholm Declaration (1972) had influenced India to insert Article 48A and Article 51(g) in the Indian Constitution for environmental protection.
- Court then broadly interpretated that Right to life Article 21 broadly encompasses the right to healthy environment.
There are various features that closely defines why Environment Protection Act 1986 is a turning point:
- Umbrella legislation:
Environment protection Act 1986 was an important umbrella legislation that basically deal with all of the issues of environment. It has rule son hazardous waste, biomedical waste, chemical waste, solid waste.
It also stated the noise pollution rules, Ozone Depleting substances regulation.
This comprehensive, precise nature of this legislation was previously absent.
- Complete strong Power to Central Government:
This Act authorizes Central Government with complete, strong power.
It gives Central Government the power to, regulate and control all kinds of environment Pollution.
Set Environmental quality standards.
Restrict, control, monitor Industrial operations.
Issuance of directions to any person, officer, industry, or authority.
It gives The Central Government the power to inspect, search and seize toxins, equipments that may cause the pollution.
Order to close any Industry which will violate the norms.
- Penalties and punishments:
The Environment protection Act 1986 introduced rigid penalties like imprisonment for up to 5 years and fines. This act makes the corporate officials liable for their action towards society.
- Strengthening of Pollution Control Mechanism:
This act strengthening and improved the:
- Pollution Monitoring system.
- Hazardous waste Management.
- Toxin substance treatment norms.
- Inspecting, seizing, closure of Industry.
- Judicial Activism:
Post Bhopal Gas leak case — Public Interest Litigations became the Hero of environmental protection. Supreme Courts gave us some landmark principle to protect environment:
- Polluter Pays principle.
- Public Trust Doctrine.
- Precautionary Principle.
- Protection of Forests and wildlife Habitats.
- Establishment of National Green Tribunals
The NGT Act 2010 Created Specialized Environmental courts that helps to resolve Environmental cases flexibly, speedily.
CONTINUING ENVIRONMENTAL CHALLENGES DESPITE ENVIRONMENT PROTECTION ACT 1986.
Despite significant progress in environmental protections in India there are various environmental problems with which we are dealing everyday like most renowned the Air pollution in Delhi, Millions of people in Delhi suffered from Air pollution. Apart from that water pollution, Biodiversity loss, Deforestation, climate vulnerability all are became a big problem for modern world and for future generation. To combat these problems Government should come up with more rigid legislation with stricter implementation.
CONCLUSION
The Environment Protection Act 1986 transformed the environmental governance of India. It became a pathbreaking legislation for environment in India. It makes a strict framework for environment; it empowered the Central Government for control and monitoring over industries. However still India is suffering from environmental calamities, fighting with environmental challenges. Environment Protection Act 1986 is an important legislation but Sustainable development and governance are required in India to achieve the balance between development and ecological preservation.
REFERENCE(S):
Aparajitha Corporate, Understanding the Environment Protection Act, 1986: Scope, Impact & Key Provisions (Oct. 27, 2025), https://aparajitha.com/understanding-the-environment-protection-act-1986-scope-impact-key-provisions/.
Edward Broughton, The Bhopal Disaster and Its Aftermath, 4 Envtl. Health 6 (2005).
Vishwambhar Prasad, A Critical Analysis of the Legislative Frameworks in Preventing Environmental Degradation, VISHWA VJ (year), https://vulj.vupune.ac.in/archives7/4.A%20CRITICAL%20ANALYSIS%20OF%20THE%20LEGISLATIVE%20FRAMEWORKS%20IN%20PREVENTING%20ENVIRONM…
Commentary on the Environment (Protection) Act, 1986, L. J. Info (year), https://www.lawjournal.info/article/94/4-1-13-876.pdf.
