Wildlife amendments to ‘save entrepreneurs from harassment-The Hindu-29-07-2022

GS-lll
CONTEXT :
The Centre’s proposed amendments to decriminalize specific provisions of the Environment Protection Act (EPA), were to “save law-abiding citizens/entrepreneurs from undue harassment
in case of minor noncompliances,”




PRELIM :

The Environment (Protection) Act, 1986 authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on ecological grounds.
The Environment (Protection) Act was enacted in 1986 with the objective of providing for the protection and improvement of the environment.
It empowers the Central Government to establish authorities charged with the mandate of preventing environmental pollution in all its forms and tackling specific ecological problems that are peculiar to different parts of the country. The Act was last amended in 1991.
The Environment (Protection) Rules lay down procedures for setting standards of emission or discharge of environmental pollutants.
The Environment (Protection) Rules lay down procedures for setting standards of emission or discharge of environmental pollutants.
The objective of Hazardous Waste (Management and Handling) Rules, 1989 is to control the generation, collection, treatment, import, storage, and handling of hazardous waste.
The Manufacture, Storage, and Import of Hazardous Rules define the terms used in this context, and set up an authority to inspect, once a year, the industrial activity connected with hazardous chemicals and isolated storage facilities.
The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organisms or Cells Rules,1989 were introduced with a view to protecting the environment, nature, and health, in connection with the application of gene technology and micro-organisms.
MAINS
Drawbacks of the Act

Backlog of cases: Indian courts took between nine to 33 years to clear a backlog of cases for environmental violations. In 2018, close to 45,000 cases were pending trial, and another 35,000 cases were added in that year. More than 90 per cent of cases were pending trial in five of the seven environmental laws.
fear of imprisonment: Criminalize existing provisions of the EPA to weed out fear of imprisonment for simple violations.
Complete Centralisation of the Act: A potential drawback of the Act could be its centralization. While such wide powers are provided to the Centre and no powers to the state governments, the former is liable for its arbitrariness and misuse.
No Public Participation: The Act also says nothing about public participation as regards environmental protection.

Incomplete Coverage of Pollutants: The Act does not address the modern concepts of pollution such as noise, overburdened transport systems, and radiation waves which are also important causes of the deteriorating environment.

WAY FORWARD :
(Just reverse drawback)
Govt needs to decriminalize existing provisions of the EPA to weed out fear of imprisonment for simple violations.
There is a need to involve the citizens in environmental protection to check arbitrariness and raise awareness and empathy towards the environment.
We need a change in the Act that does not address the modern concepts of pollution such as noise, overburdened transport systems, and radiation waves which are also important causes of the deteriorating environment.
The act could be decentralized. While such wide powers are provided to the Centre and no powers to the state governments, the former is liable for its arbitrariness and misuse.