The Environment Protection Act, 1986

Introduction:

* India's original Constitution did not contain any provision for the protection of the natural
environment.

* However, the Fundamental Duties, which were added by the 42nd Amendment to the Constitution,
prescribed the protection of the environment including forests, lakes, rivers and wildlife as a duty of the
citizens of the country.

* This amendment also added new Directive Principles of State Policy, one of which was Article 48A,
which directed the State to protect and improve the environment and to safeguard forests and wildlife.

* These developments were a result of the United Nations Conference on Human Environment, held in
Stockholm in 1972.

Aims and Objectives of the EPA:

The aims and objectives of the Environment Protection Act, 1986 are-

Enacting regular laws for the protection of the environment.

Imposing punishments and penalties on those who endanger the environment, safety and
health.
Engaging in the sustainable development of the environment.
Attaining protection of the right to life under Article 21 of the Constitution

Definitions:

Environment - According to Section 2(a) Environment includes water, air and land and the inter
relationship which exist among and between water, air, land and human beings, other living creatures,
plants, microorganism and property.

Environment is the sum total of all conditions and influences that affect the development in life of all
organs.

The definition under section 2(a) is wide enough as it is inclusive in nature.

Environmental Pollution - According to section 2(c) Environmental pollution means the presence in the
environment of any environmental pollutant.
Section 3 – POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND IMPROVE
ENVIRONMENT

Section 3 says that the Central Government shall have the power to take all such measures as it deems
necessary for the purpose of protecting and improving the quality of the environment and for
preventing, controlling and abating the environmental pollution.

[Link] V. Union of India (AIR 1992)

In this case in order to achieve the objectives of section 3(2) of EPA, Supreme Court passed orders giving
direction to all cinema halls for exhibition of slides containing information and messages on
environment, free of cost, spread of valuable information related to environment in National and
regional languages to television and All India Radio in regular and short term programs.

It also desired that Environment should be made as a compulsory subject in school and colleges.

Section 4 - APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS

The Central Government may appoint officers with such designations as it thinks fit and may entrust to
them such powers and functions as it deems fit.

The officers appointed shall be subject to the control and direction of the Central Government and also
under the control of authorities so constituted by the Central Government under Section 3(3).

Section 5 - Power to give direction

The central government may issue directions in writing to any person or authority or officers. And such
person, officer or authority shall be bound to comply with such directions.

Central government may direct for-

 closure, prohibition or regulation of anger industry, operation or process

 stoppage or regulation of supply of electricity or water or any other service.

Section - 6 Rule to regulate Environment Pollution

Central government is empowered to make rules for any of the following matters-

(a) the standards of quality of air, water or soil for various areas and purposes

(b) the maximum allowable limits of concentration of various environmental pollutants (including noise)
for different areas

(c) the procedures and safeguards for the handling of hazardous substances

(d) the prohibition and restrictions on the handling of hazardous substances in different areas.
(e) the prohibition and restriction on the location of industries and the carrying on process and
operations in different areas

(f) the procedures and safeguards for the prevention of accidents which may cause environmental
pollution and for providing remedial measures for such accidents.

Section 23 - Power to delegate

Subject to the provisions of this Act, 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 and preventing controlling and abating environmental pollution.

Offence and Penalties:

Offenses under the Environment Protection Act (1986) can lead to various penalties, including fines and
imprisonment. The specific penalties depend on the nature and severity of the offense. For example, for
offenses related to pollution, a person can be fined up to Rs. 1 lakh, or imprisonment for a term up to 5
years, or both.

Case: Indian Council for Enviro-Legal Action v. Union of India and Others

The case of the Indian Council for Enviro-Legal Action v. Union of India and Others deals with significant
issues related to environmental law and policy in India. It centres around the Coastal Regulation Zone
(CRZ) notification issued on February 19, 1991, and the failure to implement its provision effectively.
This case was brought before the Supreme Court of India under a Public Interest Litigation (PIL) filed
under Article 32 of the Constitution of India, highlighting the degradation of coastal ecosystems due to
unregulated industrialization and urbanization.

The Forest Act, 1927

Introduction:

The Indian Forest Act, 1927 aimed to regulate the movement of forest produce, and duty leviable forest
produce. It also explains the procedure to be followed for declaring an area as Reserved Forest,
Protected Forest or a Village Forest.

This act has details of what a forest offence is, what are the acts prohibited inside a Reserved Forest, and
penalties leviable on violation of the provisions of the Act. After the Forest Act was enacted in 1865, it
was amended twice (1878 and 1927).

Definition of forest: Godavarman Case - Supreme Court judgment expanded the definition of the
forest to include lands that were already notified by the Centre as forests, that appear in government
records as forests as well as those that fell in the “dictionary definition” of the forest.
Types of Forests:

Private Forest -

i) not to the property of government

ii) state government may regulate
iii) right to acquire under land acquisition act, 1894

Public Forest -

I) Reserved Forest (section 3&4): Reserve forests are the most restricted forests and are
constituted by the State Government on any forest land or wasteland which is the property
of the Government.
II) Protected Forest (section 29): The State Government is empowered to constitute any land
other than reserved forests as protected forests over which the Government has proprietary
rights and the power to issue rules regarding the use of such forests.
III) Village Forest (section 28): Village forests are the ones in which the State Government may
assign to ‘any village community the rights of Government to or over any land which has
been constituted a reserved forest’.

Offence and Penalties:

Section 62: Punishment for wrongful seizure

If a Forest officer/ Police officer, on the pretense of seizing property under this Act, wrongly seize any
such property, he/she shall be punishable with imprisonment for a term which may extend to 6 months,
or a fine which may extend to Rs. 500, or both.

Section 63: Penalty for counterfeiting or defacing marks on trees and timber and for altering
boundary-marks

Altering/defacing/destroying/moving any boundary mark of a forest or wasteland to which this Act

applies

Ranges from imprisonment which may extend up to 2 years, or with fine, or both.

Ques. Whose approval is required to convert forest land for non forest purpose?

Section 3: Constitution of Advisory Committee –

The Central Government may constitute a Committee considering of such number of persons as it may
deem fit to advise that Government with regard to –

(i) the grant of approval under Section 2; and

(ii) any other matter connected with the conservation of forests which may be referred to it by
the Central Government.
Section 2 (ii) : Use of forest land for non-forest purpose Forest Conservation Act

o No State Government can allow use of forest land for non-forestry purpose without the prior
approval of the Central Government.
o The section embodies the spirit of the Act.
o Supreme Court time to time passed many orders clarifying the provisions of Section and their
applicability

Case: Vanshakti Case

The petitioners, Vanashakti, argued that the memorandum violated the Environment Protection Act,
1986, and the CRZ Notification, 2019. The court ruled that the memorandum was not statutory.

Case Law: Tarun Bhagat Sangh vs UOI, 1993

The Tarun Bharat Sangh alleged that the Rajasthan government illegally issued mining licenses for the
area, despite the area being protected under the Wild Life (Protection) Act, 1972, the Rajasthan Wild
Animals and Birds Protection Act, 1951, and the Rajasthan Forest Act, 1953.

The Supreme Court to stop illegal mining in the Sariska Tiger Reserve in Rajasthan. The court issued
notices to the state government and the mineowners.

The Wildlife Protection Act, 1972

Introduction:

India is a country which is very rich in flora and fauna. It is land consisting of 10% of the world's species.
According to the International Union for Conservation of Nature, India constitutes 7-8% of all species,
including plants and animals. The statistics is given below-

 There are approximately 45,000 plant species, which constitutes 7% of the world's total.
 There are approximately 15,000 flowering plants, which constitutes 6% of the world's total.
 There are approximately 91,000 animal species which include insects, fish, birds, mammals,
reptiles and amphibians and molluscs.
 There are approimately 449 species of livestock which include sheep, cattle and goats.

Objectives of Wild Life (Protection) Act, 1872:

1. One of the main objectives is to prohibit the hunting of wild animals, various species of birds etc.

2. It lays down various punishments for the violation of rules and regulations to have proper control
over the activities of human beings and to serve the various purposes of this Act.

3. Various Schedules contained under this Act give absolute protection to some endangered species so
that they can be protected.
4. To provide shelter and protect the animals which are not in danger but need protection and security.

5. To specially protected animals that can be hunted like ducks, deer etc. For hunting such animals, the
hunter has to obtain a license from the District Officer. If the license is granted, he would be given a
certain restricted area to shoot the animals and in a particular season. Any of the acts which result in
infringement of such a license will be cancelled.

6. One of the important objectives is to give powers in the hand of officers to punish the one who is
guilty under this Act.

7. To help the state government and central government to declare any area as sanctuaries or national
parks.

8. To plant trees and build protected animal parks so that such animals are protected in environment-
friendly and natural areas.

9. To establish wildlife advisory boards, wildlife warden and to appoint the members with their duties
and power.

10. To provide protection even for some endangered plants.

11. To impose a ban on trade and commerce of certain protected species.

12. To provide trade and commerce of some wild species by providing a license for possession, sale, and
transfer.

13. To maintain the diversity of flora and fauna of the country and also to maintain a healthy ecological
balance.

Definition:

Section 2(37) - “wildlife” includes any animal, bees butterflies, crustacean, fish and moths; and aquatic
or land vegetation which forms part of any habitat

Section 6 -Constitution of Wild Life Advisory Board

(1) The State Government, or, in the case of a Union territory, the Administrator, shall, as soon as may
be after the commencement of this Act, constitute a Wild Life Advisory Board consisting of the
following members, namely:

 the Forest Officer in charge of the State Forest Department by whatever designation called, ex
officio]
 an officer to be nominated by the Director,
 Chief Wild Life Warden, ex officio;

Section 7- Procedure to be followed by the Board –

(1) The Board shall meet at least twice a year at such place as the State Government may direct.

(2) The Board shall regulate its own procedure (including the quorum).
(3) No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy
therein or any defect in the constitution thereof or any irregularity in the procedure of the Board not
affecting the merits of the case.

Section 8- Duties of Wildlife Advisory Board

It shall be the duty of the Wild Life Advisory Board to advise the State Government, -

(a) in the selection of areas to be declared as sanctuaries, National Parks (18)[*] and closed areas and
the administration thereof

(b)in formulation of the policy for protection and conservation of the wild life and specified plants

(c) in any matter relating to the amendment of any Schedule; 18[*](20) [(cc) in relation to the measures
to be taken for harmonising the needs of the tribals and other dwellers of the forest with the protection
and conservation of wild life; and

(d) in any other matter connected with the protection of wild life which may be referred to it by the
State Government.

Section 38A- Constitution of Central Zoo Authority.

(1) The Central Government shall constitute a body to be known as the Central Zoo Authority
(hereinafter in this Chapter referred to as the Authority), to exercise the powers conferred on, and to
perform the functions assigned to it under this Act.

(2) The Authority shall consist of:

a) chairperson;

b) such number of members not exceeding ten; and

c) member-secretary,

to be appointed by the Central Government.