Environment Protection Act, 1986

Introduction

Due to its growing risks, various legislations are being propounded by the
government. Various Acts related to a specific type of pollution have been
passed in the India legislature. The most important statute is the Environmental
Protection Act, 1986, as it is the general legislation for the protection of the
environment.

It was enacted under Article 253 of the Indian constitution and the expression in
the say of environmental quality was taken at the United Nation Conference on
the Human Environment held at Stockholm in June 1972. The government of
India strongly voiced against the environmental concerns and further passed
many Acts related to the environment.

Objectives

The Environmental Protection Act, 1986 (EPA) was passed with the
following objects:

(i) It was enacted to implement the decisions which were made at the United
Nation Conference on the Human Environment held at Stockholm in June 1972.

(ii) Creation of authority for government protection.

(iii) Coordinating the activities of various regulating agencies which is done

under the existing law.

(iv) The main task is to enact general laws for environmental protection, which
could be unfolded in areas of severe environmental hazards.

(v) Providing deterrent punishment to those who inculcate in endangering the

human environment, safety and health.

(vi) The main goal for the environment should be sustainable development and
it can be regarded as one of the goals for Environment Protection Act, 1986.

(vii) Sustainable development includes achieving the object and the purpose of
the act as well as the protection of life under Article 21 of the Indian
Constitution.
Power of the Central government for measures to protect and improve the
Environment

It is the power vested in the central government that they can take any
reasonable and valid steps and measures for the purpose of the protection and
improvement of the quality of the environment. These measures are taken for
the prevention, control and abatement of environmental Pollution.

Such measures may include measures with respect to all namely as follows.

1. Laying down the standards for the quality of the standards of the
environment.

2. Coordination of actions which are obliged to the state officers and other
authorities under any law.

3. Execution and proper planning of the worldwide national programme for

the prevention, controlling and the abatement of environmental pollution.

4. Restrictions to be applied in any of the industries, process and any

operation shall be carried out.

5. It is the power and the duty of the government to lay down the procedure
to carry forward safeguards for the prevention of many inevitable
accidents which may inculcate in more environmental pollution.

6. Proposal of remedies should be put forward for the protection and

prevention of further incidents.

7. Duty and power to lay down the procedures and safeguards to handle the
hazardous substance.

8. Examination of manufacturing processes should be done, materials,

substances which are likely to cause environmental pollution.

9. Power to inspect at various premises, equipment, material and the

substances and power to direct the authorities for the prevention and
control of environmental pollution.

10.To collect the dissemination in the respect of information related to

environmental pollution.
 11.Preparation of the manuals, codes, guides which are considered suitable
enough for controlling environmental pollution.

12.One of the most important tasks is to establish the laboratories.

13.Serving other matters which are necessary for the central government to
deal for the effective implementation of the Environmental Protection
Act, 1986.

Under Section 3 of the following act, the central government has the power to
authorize or constitute other authorities for the accurate implementation of
powers and duties which are mentioned above.

Section 3 of the Environmental Protection Act holds importance due to the fact
of a better regulatory mechanism.

In the case of Vellore Citizens’ Welfare Forum v Union of India, the Supreme
Court has directed the central government to constitute the ‘authority’ for the
implementation of powers under section 3(3). Thus, the Court directed while
keeping in the notice about the degrading quality of the environment that
authorities should implement the ‘precautionary principle’ and ‘pollution pay
principle’.

Power to give direction

The central government in the exercise of powers designated by the Act can
issue the directions in writing to any of the person or any officer. They shall be
bound to comply with these given directions.

The powers to issue directions will include the power to direct which are as
follows:

(i) The direction of closure, prohibition or the regulation of any industry and its
operational process.

(ii)direction for the stoppage or regulation of the supply of electricity, including

any other services.

The Environment (Protection) Rules, 1986

The rules of Environment protection came into force on 19th November 1986
and these rules provide for the following:
 1. The standards of quality of air, soil and water for various areas and
purposes of environment.

2. The standard set up to know about the limits of the environmental

pollutants.

3. Rules include the procedure and safeguards needed to handle the

hazardous substance.

4. Restrictions and some prohibitions on handling the hazardous substances

in different areas and premise

5. The procedures and safeguards required for the prevention of accidents

which may cause environmental pollution and also the remedies for it.

6. The prohibition and restrictions possessed on the location of industries in

different areas.

Procedure to be followed for the legal proceedings under the Environmental

Protection Act

The following procedure needs to be followed for the legal proceedings.

1. The notice must be delivered to the occupier or his agent and it must
indicate the intention or the analysis of the issue of a particular case.

2. Samples of the extent of pollution to be checked must be taken in the

presence of the occupier or the agent.

3. The sample should be sent directly to the laboratory without any delay in
the process.

4. The sample should be kept in a container with a label on it and it should

have the signature of both the occupier party and the person taking the
sample.

The central government must recognise at least one or two laboratories under
this act and the report of analysis can be used as evidence of the facts stated in
any procedure done under this act.

Conclusion

Though many other Acts related to Environment have been introduced to the
Indian legislature but the Environment Protection Act, 1986 has been drafted
to cover all the aspects and problems of environment and hence, it is said to be
beneficial to understand the provisions related to an environment specifically.

Public Liability Insurance Act, 1991

Introduction

The 1991 Public Liability Law regulates mandatory liability insurance. Under
the law, companies must commit to installing and handling hazardous materials
that have been reported under the Environmental Protection Act, 1986. It is
basically a part of tort law, which focuses on the misconduct of civil law. The
applicant (the injured party) usually sues the accused (owner or convict)
according to general law due to negligence and/or damage. Claims are generally
successful if it can be proven that the owner/occupant is responsible for the
injury and therefore violating his maintenance obligations.

A major reason for the enactment of this law

Bhopal Gas Tragedy

Union Carbide Corporation vs Union Of India Etc on 4 May 1989

It is also known as the Bhopal disaster, in which thousands of people lost their
lives. This is considered the worst industrial disaster in the world that happened
on a cold winter night in the early hours of December 3, 1984. Around
midnight, a chemical reaction began at the Union Carbide (India) Limited plant,
which resulted in the release of a deadly gas methyl isocyanate (MIC) from one
of the tanks. As a result, the gas cloud gradually tumbled enveloping the city
within its deadly folds. Both the city and the lake had become a gas chamber.
Nearly 3,000 people died in the tragedy, and thousand more were physically
injured and affected in various forms.

Wildlife was killed, injured, and contaminated. The business was totally cut off.
People’s lives were affected. The environment was polluted disturbed ecology
and wildlife. An estimated 40 tons of methyl isocyanate (MIC) gas leaked from
the Union Carbide Factory. Lessons learned from the Bhopal gas tragedy were
quickly forgotten.
The Public Liability Insurance Act 1991 came into force after the tragedy and
aims to provide immediate assistance to victims of accidents involving
hazardous industries. However, activists argue that legal provisions are not
enforced by collectors appointed as law enforcement agencies. According
to Section 4 of the law, owners of companies that use hazardous substances take
out insurance policies to cover liabilities from accidents that cause death, injury,
or injury. In addition, Section 7 A, i) and (ii) regulate the establishment of a
central government environmental promotion fund to be used in accordance
with the law to pay assistance to accident victims in dangerous companies. The
law also regulates business owners to take insurance policies that cover
obligations not less than the paid-up capital of the business and not more than
Rs 50 crore. In Bhopal leak gas case MIC leaked from the plant of union
carbide India Ltd, which caused the death of 3000 persons and serious injuries
to a large number of people.

Major provisions made in the Public Liability Insurance Act

Following are some of the relevant provisions of this Act:

Defined as:

1. An accident is a sudden or unexpected incident, which is related to a

hazardous substance that causes continuous or temporary exposure or
injury to a person but does not result in an accident that is solely caused
by war or war radioactivity.

2. To deal with hazardous substances is to manage the production, handling,

packaging, storage, transportation of vehicles, use, collecting, destructing
conversion, making offers for sale, removal from such hazardous
substances Insurance – is liability insurance in accordance
with subsection 3 of Section 1.

3. The owner is the one who controls and handles hazardous substances at
the time of the accident:

The relief provided under this act

Compensation for liability in certain cases without error

1. As in Section 3 If the death or injury of another person (other than a

worker) or property damage due to an accident has occurred, the owner is
 obliged to provide the assistance listed on the list for the death, injury, or
damage.

2. In a claim for compensation under Section 1 (hereinafter referred to as

this law as compensation), the plaintiff does not need to declare and
prove that the death, injury, or damage on which the claim was based on
an action, neglecting or not showing one’s performance.

Explanation: For the purposes of this;

1. “Employee” has the meaning assigned to it in the Employee

Compensation Act of 1923

2. “Injury” includes a permanent or total permanent disability or partial

illness resulting from an accident

Conclusion
This study on public liability insurance act shows that it has been enacted after
section 13 of the Rio Declaration on the Environment, 1992 A need to enact this
law was felt after the Bhopal Gas Tragedy. This Social Responsibility Law
regulates the authority to request information, entry, inspection, search, and
seizure. Owners of hazardous facilities try to provide information that is
authorized by the central government that inspectors naturally need to establish
requirements to make requirements, rules, or instructions in accordance with
this Law.

Section 12 of the Liability Insurance Act 1991 endorses the central government
to give written instructions to any owner, employee, or agent. Instructions also
include restrictions or regulations on handling hazardous substances. It can also
control the power supply or shutdown.

National Green Tribunal, 2010

In 2010, the government enacted the National Green Tribunal (NGT) Act which
enabled the creation of a special green tribunal that would handle the cases
concerning environmental issues. The inspiration for this came from Article
21 of the Constitution of India which guarantees the citizens of India a right to a
clean and healthy environment.

Since its establishment, the National Green Tribunal (NGT) has emerged as a
powerful unit for the enforcement or implementation of Environmental
legislation made in India. Further, the National Green Tribunal adds one more
variation by providing a strict penalty for disregarding the orders given by the
tribunal. Thus, the implementation of these judgements of the tribunal results in
dealing with such cases in an effective manner as compared to other civil courts
which used to deal with environmental issues as well.

Composition of National Green Tribunal

The composition of the National Green Tribunal is given in Section 4 of

Chapter II of the National Green Tribunal Act, 2010.

 The tribunal shall consist of the following people:

o A full-time Chairperson;
o At least 10 members and not more than 20 members consisting of
full-time Judicial officials as notified by the Central Government
from time to time;
o At least 10 members and not more than 20 members consisting of
Experts as notified by the Central Government from time to time.
 The Chairperson may, anytime, invite anyone who has specialized
knowledge and experience regarding environmental issues filed before
the Tribunal for the purpose of assistance.
 By notification, the Central Government can anytime specify the sitting
place of the Tribunal and the territorial jurisdiction falling under all the
places.
 In consultation with the Chairperson of the Tribunal, the Central
Government can make rules regarding the procedures and practices
followed by the Tribunal which includes the following:
o The rules regarding the persons who shall be entitled to appear
before the Tribunal;
o The rules regarding the procedure by which the Tribunal hears
applications and appeals and any other matter related to such
applications or appeals.
o The rules regarding the number of members who can hear the
appeals and applications – with respect to their class or classes.
The number of experts hearing an appeal or application should be
equal to the number of Judicial members hearing the same appeal
or application.
o The rules related to the shifting of a case from one place to another
by the Chairperson.

National Green Tribunal Chairman

Justice Lokeshwar Singh Panta became its first Chairman. Justice Swatanter
Kumar retired on 20 December 2017. After him, the acting Chairman of the
National Green Tribunal was Justice Jawad Rahim, retired Justice Adarsh
Kumar Goel is the incumbent chairman of the National Green Tribunal.