DO NOT ENVY YOUR ENVIRONMENT- A Look into the Environment (Protection) Act, 1986

“The Environment is everything that isn’t me”- these words were said by the great Albert Einstein, which shows that everything and anything external to us is our environment. The environment is something that we are very familiar with. It's everything that makes up our surroundings and affects our ability to live on the earth—the air we breathe, the water that covers most of the earth's surface, the plants and animals around us, and much more.

Now having read these lines do you think this environment should be protected and are you the one responsible for its protection? If yes then do not be afraid, it is not demanding a lot of hard efforts from your side. Little efforts will unite together to save the environment.

But now-a-days the scientists have found that we are causing air pollution, deforestation, acid rain, and other problems that are dangerous both to the earth and to ourselves. These days, when you hear people talk about “the environment”, they are often referring to the overall condition of our planet, or how healthy it is. And obviously we are the killers of our environment.

In order to save the environment from deteriorating badly the Government of India has seriously taken some steps. In 1980 the Department of Environment was established. Later on it became the Ministry of Environment and Forests in 1985. After the tragic Bhopal Gas Tragedy, the Environment (Protection) Act, 1986 came into existence. The main objective of the Environment (Protection) Act, 1986 is to provide the protection and improvement of the environment.

The Chapter- I of the EPA shows that the act extends to the whole of India including Jammu & Kashmir. It also defines what is an “environment” or “environment pollutant” or “hazardous substance” etc. the chapter- II of the EPA talks about the general powers of the central government to take measures to protect and improve environment. It says that 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.” It also deals with the planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; laying down standards for the quality of environment in its various aspects; laying down standards for emission or discharge of environmental pollutants from various sources etc.

Under Sec (4) the central government may appoint a person for inspection; under Sec (5) it may issue directions in writing to any authority to comply; under Sec (6) it empowers the government to make rules to achieve the object of the Act. Under Sec (8) persons handling hazardous substances must comply with procedural safeguards.

Article 48A of the Directive Principles of State Policy, specify that the state shall protect and improve the environment. Whoever person is found to be the cause of pollution may be liable for punishment for a term which may extend to five years or with fine which may extend to one lakh rupees or both (Sec 15,16, 17). If not comply fine of Rs. 5000 per day extra still if not comply for more than one year, then imprisonment may extend up to 7 years.

In the end again we all must remember that environment is first and foremost for us and for our future generations as well.  "I think it's crazy for us to play games with our children's future. We know what's happening to the climate, we have a highly predictable set of consequences if we continue to pour greenhouse gases into the atmosphere." These were the words of Bill Clinton’s speech at a United Nations Climate Conference in 2005 and it again reminds us the role we have to play if in the context of India the EPA is to be successful.

For further information, the following sites may be referred:

The Bare Act- Environment (Protection) Act, 1986 - EP Act, 1986

Ministry of Env. and Forest, India. - Official Site

Environmental Laws Simplified. - TERI Site

Presentation on Env. and Forest at Link

Also do feel free to contact us for any comments and queries by commenting here or by e-mail at lawsmadesimple@peacemail.com ..:)

The National Human Rights Commission- Its Role and Functions

The National Human Rights Commission was established under the Protection of Human Rights Act, 1993. The Protection of Human Right Act, 1993 has been enacted pursuant to the directive under Article 51 of the Constitution and also the commitments taken at Vienna conference. It defines human right as the right relating to liberty, equality and dignity of the individual guaranteed by the Indian constitution as embodied in the fundamental rights and the International covenants.

The Act provides for the Constitution of a National Human Rights Commission, State Human Rights Commission in States and Human Rights Courts for better protection of Human Rights. The Central Government constitutes the National  Human Rights Commission to exercise the powers and perform the functions assigned by the Act.

The NHRC has the following functions as prescribed by the Protection of Human Rights Act, 1993-

(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into complaint of

            (i) violation of human rights or abetment thereof or
            (ii) negligence in the prevention of such violation,

            by a public servant;

(b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
(c) visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon;
(d) review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;
(e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
(f) study treaties and other international instruments on human rights and make recommendations for their effective implementation;
(g) undertake and promote research in the field of human rights;
(h) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;
(i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;
(j) such other functions as it may consider necessary for the protection of human rights.

The commission out of its ambit has taken the following topics for oversight.
Abolition of Child Labour

Rehabilitation of Marginalized and Destitute Women in Vrindavan
Combating Sexual Harassment of Women at the Work Place
Harassment of Women Passengers in Trains
Abolition of Manual Scavenging
Dalits issues including atrocities perpetrated on them
Problems faced by Denotified and Nomadic Tribes
Rights of the Disabled
Right to Health
HIV/AIDS
Relief Work for the Victims of 1999 Orissa Cyclone
Monitoring of relief measures undertaken after Gujarat Earthquake 2001
District Complaints Authority
Population Policy- Development and Human Rights

In addition to this, The Supreme Court of India has prescribed the following subjects under the remit of the NHRC.

Abolition of Bonded Labour
Functioning of the Mental Hospitals at Ranchi, Agra and Gwalior
Functioning of the Government Protective Home (Women), Agra
Right to Food

The NHRC has widespread powers relating to enquiries, which are briefly enumerated as follows-

The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable.

The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.

The NHRC also has powers of investigation and –

1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be.

(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under subsection (1) may, subject to the direction and control of the Commission:-

(a) summon and enforce the attendance of any person and examinehim;

(b) require the discovery and production of any document; and

(c) requisition any public record or copy thereof from any office.

The National Human Rights Commission receives complaints on the following topics-

a)      In respect of Police Administration

b)      Failure in taking action

c)      Unlawful detention

d)     False implication

e)      Custodial violence

f)       Illegal arrest

g)      Other police excesses.

h)      Encounter Death’s

i)        Harassment of prisoners / Jail conditions

j)        Atrocities on SC’s and ST’s.

k)      Bonded Labour, Child Labour

l)        Child Marriage

m)    Communal Violence

n)      Dowry death or its attempt; dowry demand

o)      Abduction, rape and murder.

p)      Sexual harassment and indignity to women, exploitation of women.

q)      Other complaints which are not yet categorised.

The Commission has also taken path braking initiatives like

a)      Review of Statues including Terrorist and Disruptive Activities Act and (draft) Prevention of Terrorism Bill, 2000.

b)      Visit to Jails, Mental Hospitals and Other Institutions.

c)      Rights of Denotified and Nomadic Tribes.

d)     Action research on trafficking

e)      Publication of Annual report, monthly newsletter, Annual journal and research studies.

At present the NHRC has the Hon’ble Justice K.G. Balakrishnan as Chairperson and has done remarkable work in maintaining the human rights in a vast country like India.