Why in news?
The Union government is planning to make changes to the Environment (Protection) Act of 1986.
What are the present provisions?
- The maximum fine that can be imposed on a polluting industry or other entities is Rs.1 lakh along with a jail sentence of up to five years.
- Even this requires the government agencies to first file a complaint with a magistrate at the district level and secure a favourable order against the polluter.
- At present, there are powers to shut down a polluting industry or an operation of a part of the industry temporarily.
- Currently, a violation of the Environment Protection Act is treated as a criminal offence.
- There is a felt need to have graded response to the pollution problem without everything ending up in court.
What are the proposed changes?
- The level of fines for a polluting industry from Rs.1 lakh to Rs.1 Crore to be increased.
- The fine is to be imposed without going through a judicial process prescribed in the current law.
- A designated officer would be the final authority to decide the money that needs to be recovered from the polluting entity.
- There is also a plan to make pollution a civil offence for which the government can demand costs from the polluters without going to the courts.
What are the shortfalls?
- The proposed changes lack understanding of why repeated attempts over the past failed to bring a change in pollution levels in the river. This includes the recent Namami Gange project's output.
- The river is a community asset and polluting it has disastrous health effects. This cannot be overlooked because a polluting industrial unit is happy to pay Rs.1 Crore.
- Undermining judicial review could give scope for official-polluter nexus, instead of reducing pollution.
- Change can start with more efficient execution of the existing rules than amending them or bringing new ones.
Source: Business Standard
