Bhopal Gas Tragedy considered to be the worst industrial disaster in the world was a watershed moment for India and country’s Parliament, as the lawmakers gathered to formulate stronger norms, acts, policies, and laws to ensure that such horrific incidents do not occur in India again. Provisions of Environment Protection Act 1986. In 2015, the newly elected Central government wanted to bring in new amendments to the bill that instead of strengthening it would have diluted the Environment Protection Act, that since 1986, has helped protect the country’s environment from being exploited at the hands of private contractors and miners. The most important statute is the Environmental Protection Act, 1986, as it is the general legislation for the protection of the environment. On a cold wintery midnight in December 1984 when the city of Bhopal was sound asleep and the workers at Union Carbide India Ltd. pesticide plant were completing their routinely task, no one was aware about the tragedy that was about to strike the city. The most important statute is the Environmental Protection Act, 1986, as it is the general legislation for the protection of the environment. © Copyright 2016, All Rights Reserved. Samples of the extent of pollution to be checked must be taken in the presence of the occupier or the agent. (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. Or the liable person has to deal with both of the punishments. In case there is any such violation, the head of the department and office incharge are liable for the offense. Till now, families are suffering because of the horrors committed by UCIL with more than 500,000 people affected, while owners fled the scene due to weak environmental and civil laws. Interesting Indian Inventions and Discoveries That Are Universally Accepted, Online Distance Learning Through Open Universities in India, 10 Ayurvedic medicines for weight loss without side effects. Due to its growing risks, various legislations are being propounded by the government. What updates do you want to see in this article? The standards of quality of air, soil and water for various areas and purposes of environment. Chapter 2 emphasises on the power that resides with the Central government pertaining to the Act, while Chapter 3 talks about actions that Central government can take to protect the environment. Thus, the Court directed while keeping in the notice about the degrading quality of the environment that authorities should implement the. Further persons handling with hazardous substances shall comply with the procedural safeguards as may be prescribed by the authorities.As per the Act where the discharge of any environmental pollutant in excess of prescribed standard occurs, or is apprehended to occur due to any accidental or other unforeseen act or event, the person responsible for such discharge shall be bound to prevent or mitigate the pollutant so caused as well as intimate the fact of such occurrence to the concerned authorities.The Central Government or any other officer empowered by the Central Government shall have the powers to take the samples of air, water, soil or any other substances from any factory, premises, etc for the purpose of analysis. Section 2 of the Environmental protection Act, 1986 (EPA) deals with some of the information about the definition of the Act and these definitions are as follows: “Environment” the word environment includes water, air, land and also the inter-relation between their existence. states that any person who is not complying to the provisions stated in this act and its failure or contravention will make him liable and punishable as the following: In terms of imprisonment up to the extension of the time span of five years. Spurred by declining environmental quality and the Bhopal gas disaster, the Environment (Protection) Act, (1986) was enacted to empower the Central Government to take necessary measures to preserve and improve the environment. Execution and proper planning of the worldwide national programme for the prevention, controlling and the abatement of environmental pollution. If the offence is committed without his knowledge. The said officer shall without delay send the container with the sample to the laboratory established or recognized by Central Government. 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. Restrictions and some prohibitions on handling the hazardous substances in different areas and premise. Section 8 provides that any person who is handling the hazardous substance needs to comply with the procedural safeguards. (iv) The main task is to enact general laws for environmental protection, which could be unfolded in areas of severe environmental hazards. On November 19, 1986, the Environment Protection Act of 1986 came into force and was extended to the whole country. Section 16 of the Environmental Protection Act, 1986 explains the principle of vicarious liability of the Incharge person such as directors, Managers and secretary etc for if the offence is committed by any company.
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