Module-6
Note: We have already covered “Global warming, Climate change, Acid rain, Ozone layer
depletion” this is a part of module-6
Environment (Protection) Act, 1986
It empowers the Central Government to establish authorities charged with the mandate of
preventing environmental pollution in all its forms and to tackle specific environmental
problems that are unusual to different parts of the country.
The Act is one of the most comprehensive legislations with a pretext to protection and
improvement of the environment.
Objective
• To protect and improve the environment.
• Prevent hazards to humans, plants and property.
• Implement decisions from international conferences.
Scope & Power
Extends to the whole of India.
It gives the central government broad powers to take necessary measures, including restricting
areas for industries and laying down standards for quality of air, water and soil.
Constitutional Provisions:
• The EPA Act was enacted under Article 253 of the Indian Constitution which legalize
the international agreements.
• Article 48A of the Constitution specifies that the State shall endeavour to protect and
improve the environment and to safeguard the forests and wildlife of the country.
• Article 51A further provides that every citizen shall protect the environment.
Coverage:
The Act is applicable to the whole of India including the state of Jammu & Kashmir.
Powers of the Central Government
The Central Government shall have the power to take all such measures as it deems necessary
or expedient for the purpose of protecting and improving the quality of the environment in
coordination with the State Government
• Plan and Execute a nation-wide programme for the prevention, control and reduction of
environmental pollution.
• Establish standards for the quality of environment in its various aspects.
• Establish standards for emission or discharge of environmental pollutants from various
sources.
• The restriction of areas in which any industries, operations or processes or class of
industries, operations or processes shall/ shall not be carried out subject to certain
safeguards.
Drawbacks of the Act
• Complete Centralization of the Act: While such wide powers are provided to the
Centre and no powers to the state governments, the former is liable to its Decision-
Making 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 Decision-
Making 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.
Current National initiatives on Environmental interventions
National Environment Appellate Authority (NEAA) and National Green Tribunal (NGT)
• It was established by the Central Government under the The National Environment
Appellate Authority Act, 1997.
• NEAA was established to hear appeals regarding the restriction of areas in which any
industries, processes or operations shall be/shall not be carried out subject to certain
safeguards under the Environment (Protection) Act, 1986.
• However, NEEA was found to be not enough, giving rise to the demand for an institution
to deal with environmental cases more efficiently and effectively.
• As a result, the National Green Tribunal (NGT) was established in 2010 under the National
Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to
environmental protection.
• Along with the Environment (Protection) Act, 1986, NGT also deals with civil cases under
six other laws.
Role of NGT in environmental governance
• Expeditious Dispute Resolution: The NGT aims to dispose of cases within six months,
providing a faster alternative to traditional courts for environmental litigation.
• Specialized Expertise: As a quasi-judicial body, it combines judicial members and
environmental experts to handle complex environmental issues.
• Preventative & Remedial Actions: Beyond adjudicating disputes, the NGT can act suo
motu (on its own motion) to take action against environmental degradation, order the
closure of polluting industries, and enforce restorative measures.
• Upholding Legal Standards: It ensures compliance with major environmental laws (e.g.,
Water Act, Air Act, Forest Conservation Act).
• Environmental Compensation: The tribunal has the authority to award compensation and
damages to victims of pollution and for environmental damage
National clean air programme
• Ministry of Environment, Forest and Climate Change (MoEFCC) launched National Clean
Air Programme (NCAP) in January, 2019 with an aim to improve air quality in 131 cities
(non-attainment cities and Million Plus Cities) in 24 States/UTs by engaging all
stakeholders.
• The programme supposed to achieve reductions up to 40% or achievement of National
Ambient Air Quality Standards for Particulate Matter10 (PM 10) concentrations by 2025-
26.
Key Components of NCAP
• Target Cities: Focuses on 131 cities (123 cities + 8 additions) across 24 states that failed
to meet national ambient air quality standards for five consecutive years.
• Targets: Aims for 20-30% reduction in PM10 concentrations by 2024 (revised to 40% by
2025-26).
• Action Areas: Focuses on strengthening monitoring networks, City Action Plans (CAPs),
and addressing key pollution sources such as road dust, construction, industrial emissions
and vehicular pollution.
• Monitoring Platform: The PRANA portal allows for tracking the physical and financial
progress of city air action plan implementation
National River conservation plans
• The National River Conservation Plan (NRCP) is a centrally funded scheme launched in
1995 to reduce pollution load in major Indian rivers (excluding Ganga/tributaries) by
constructing sewage treatment plants, intercepting sewage, and improving sanitation.
• It operates on a cost-sharing basis (typically 60:40 or 50:50) with state governments
Objective: To improve water quality in polluted river stretches by treating sewage/industrial
waste before it enters water bodies.
Scope: Covers 53 rivers across 98 towns in 16 states
Core Activities
Interception and diversion of raw sewage, construction of Sewage Treatment Plants (STPs),
low-cost sanitation, and river front development.
Implementing Agency
The National River Conservation Directorate (NRCD) under the Ministry of Jal Shakti
oversees the program
Funding
As of early reports, over ₹2352.73 crore National River Conservation Plan has been released
to states for projects excluding the Ganga
Major Challenges & Successes
Pollution Tackled: The program has created substantial sewage treatment capacity (approx.
2926.50 MLD by 2024), reducing pollution loads in critical rivers.
Challenges: Pollution persists due to the high volume of untreated sewage, issues with sewage
treatment plant operations, and non-point sources like agricultural runoff.
Impact: Studies suggest a negative correlation between NRCP actions and chemical oxygen
demand (COD), indicating improved water quality where projects are implemented.