Environment Protection Act 1955

Environment Protection Act, 1986 Act of the Parliament of India. In the wake of the Bhopal gas Tragedy or Bhopal Disaster, the [Government of India] enacted the Environment Protection Act of 1986 under Article 253 of the Constitution. Passed in May 1986, it came into force on 19 November 1986. It has 26 sections and 4 chapters. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environment. They relate to the protection and improvement of the human environment and the prevention of hazards to human beings, other living creatures, plants and property. 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.

The Environment (Protection) Rules lay down procedures for setting standards of emission or discharge of environmental pollutants.

The objective of Hazardous Waste (Management and Handling) Rules, 1989 is to control the generation, collection, treatment, import, storage, and handling of hazardous waste. The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this context, and sets up an authority to inspect, once a year, the industrial activity connected with hazardous chemicals and isolated storage facilities.

The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules,1989 were introduced with a view to protect the environment, nature, and health, in connection with the application of gene technology and micro-organisms.

Drawbacks of the Act

• Complete Centralisation of the Act: A potential drawback of the Act could be its centralization. While such wide powers are provided to the Centre and no powers to the state governments, the former is liable to its arbitrariness and misuse.
• No Public Participation: The Act also says nothing about public participation as regards environmental protection.
• There is a need to involve the citizens in environmental protection to check arbitrariness and raise awareness and empathy towards the environment.
• Incomplete Coverage of Pollutants: The Act does not address modern concept of pollution such as noise, overburdened transport system and radiation waves which are also an important cause for the deteriorating environment.