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As we know
that a major accident in an
industrial plant of Union Carbide
took place in Bhopal in December
1984. The release of the deadly
methyl isocyanate gas from the plant
killed more than 2000 people. This
incidence was a turning point to
apply the stringent government
measures to protect people and the
environment by enacting the
comprehensive law on environmental
protection in the country. The
Ministry of Environment and Forests
has reviewed the earlier laws on
Water Prevention and Pollution Act
1974 and Air Prevention and Control
of Pollution Act 1981 and framed a
comprehensive Environmental
Protection Act in 1986. The act
authorized the Ministry of
Environment and Forests to initiate
action to close down any firm that
violated the act’s restrictions
regarding effluent discharge, and
permitted individuals to initiate
legal action against any one
violating the act. Ministry of
Environment and Forests acts through
Central Pollution Control Board (CPCB)
and State Pollution Control Boards (SPCBs).
Since passage of the act in 1986,
the Ministry of Environment and
Forests issued numerous closure
notices. However, firms routinely
obtain stays against closure,
shifting decisions to the judiciary
and stalling action for years.
Another
significant change introduced after
the Bhopal accident is the
requirement of Environmental Impact
Assessment (EIA) for specified
industries including small and
private companies. Earlier EIAs were
carried out only for big government
projects.In recent years, the Indian
judiciary has been very active in
passing judgments to protect the
environment. These are mainly done
through the public litigation
petitions filed by the individuals
and NGOs before the courts. The
courts have pronounced, invoking the
provisions in the constitution, that
it is the fundamental duty of every
Indian citizen to protect and
improve the natural environment and
to have compassion for living
creatures.But, all these efforts
have not yielded very satisfactory
results. The reasons are many. Among
them the technical capabilities
pollution control boards and their
understaffed position, poor
commitment at the corporate level,
lack of comprehensive industrial
zoning policy and dearth of relevant
cost effective technologies are some
of the important factors hindering
environmental protection in the
country (The World Resources
Institute 1995).
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