Question : Amendments in Environment Protection Act, 1986

(a) whether the Government has proposed the amendments to decriminalize the existing provisions of the Environment Protection Act, 1986;
(b) if so, the details thereof along with the reasons therefor;
(c) whether the Government considered the serious longstanding impacts of such liberal approach towards environment violations;
(d) whether the Government also propose the creation of an Environmental Protection Fund in which the amount of penalty will be remitted and if so, the details thereof; and
(e) the steps being taken by the Government for environment protection in the country in the absence of stringent environmental laws?

MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
(SHRI ASHWINI KUMAR CHOUBEY)

(a) to (e): Yes Sir. The Central Government has proposed to decriminalize the existing provisions of the Environment Protection Act, 1986 (EPA,1986) by introducing provisions for imposing heavier penaltiesand additional penalties, which shall, on one hand act as a deterrent for violators and on the other hand encourage self-regulation for law abiding entrepreneurs. In the event of serious violation of the EPA,1986 which may result in grave injury or loss of life, the provisions of Indian Penal Code, 1860 shall be applicable, in addition to penalties which may be imposed. The amendment proposed includes creation of an “Environmental Protection Fund” in which the amount of fine/penalty imposed under the provisions of the proposed amendment, shall be remitted.

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