The concept of "Conservation, environmental pollution and degradation" is addressed in India through a comprehensive legal framework, with the Environment (Protection) Act, 1986 (EPA) serving as the umbrella statute and central concept. The EPA was enacted in 1986 following the United Nations Conference on the Human Environment in Stockholm in 1972 and the Bhopal Gas Tragedy in 1984, to provide the Central Government with broad powers to protect and improve the environment.
The Act works by empowering the Central Government under Section 3 to take all necessary measures, including laying down standards for the quality of air, water, and soil, and restricting the location of industries under Section 6. Chapter III of the Act focuses on the prevention, control, and abatement of environmental pollution.
The EPA connects to other key legislation, including the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Wild Life (Protection) Act, 1972. It is also rooted in the Constitution, which mandates the State to protect and improve the environment under Article 48A and makes it a fundamental duty for every citizen under Article 51A(g). Furthermore, the National Green Tribunal Act, 2010, established a specialized judicial body for the effective and expeditious disposal of environmental cases.
The Act has changed recently and significantly through the Jan Vishwas (Amendment of Provisions) Act, 2023, which came into force on April 1, 2024. This amendment decriminalised many violations by replacing the provision for imprisonment with monetary penalties. The original Section 15 prescribed imprisonment up to five years or a fine up to ₹1 lakh. The amended Act introduced new penalty sections: the new Section 15 (general penalty) prescribes a penalty of not less than ₹10,000 and up to ₹15 lakh for contraventions where no other penalty is provided. Crucially, the new Section 15A prescribes a penalty of not less than ₹1 lakh and up to ₹15 lakh specifically for contraventions by companies. The penalties collected are now credited to an Environmental Protection Fund.