The Ministry of Environment, Forest and Climate Change in order to decriminalise existing provisions of the Environmental Protection Act, 1986 is examining proposals to amend it.
- According to the ministry, suggestions were received to dilute penal provisions in two other Acts namely, Air Prevention and Control of Pollution Act 1986 and Water Prevention and Control of Pollution Act 1974.
Objectives
- The objective is to weed out the fear of imprisonment for simple violations by increasing the penalty amount.
Proposals
- With regard to EPA, the proposal notes that failure or contravention or non-compliance would be dealt with through an adjudicating officer duly authorised to impose penalties.
- However, in case of serious violations which lead to grievous injury or loss of life, they shall be covered under the provisions of Indian Penal Code, 1860.
- Currently, under EPA in case of non-compliance, the violator is punishable with imprisonment up to five years or with a fine up to Rs 1 lakh, or with both. In case of repetition of offence, for each day of failure to comply leading up to conviction, a fine of up to Rs 5,000 will be imposed.
- In case it extends beyond one year after the date of conviction, the offender can get a prison term up to seven years.
- The amendments under consideration include increasing the penalty from Rs 5 lakh up to Rs 5 crore and removing the provision of jail term from the first default.
- For repeated offences, the penalty amount would be equal to the damage caused. A defaulter is only imprisoned after he or she fails to pay a penalty and an additional penalty.
- Aggrieved party has the option to approach the National Green Tribunal to appeal against the order passed by any adjudicating officer.
- An “Environment Protection Fund” will be created in which penal amounts will be deposited, which will in turn be remitted to the affected parties. The Central government would prescribe the way the fund would be administered.
