Decriminalising Environmental Law: Amendments to the Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986 (EPA) was enacted in the aftermath of the Bhopal Gas Tragedy as an umbrella legislation empowering the central government to take measures for environmental protection. Over time, however, the Act has been criticised for over-criminalisation, creating compliance burdens without necessarily improving ecological outcomes.

  • In 2022, the Union Government proposed amendments to decriminalise certain violations under the EPA, replacing imprisonment with monetary penalties.
  • The Jan Vishwas (Amendment of Provisions) Act, 2023 operationalised these reforms, in line with the larger agenda of Ease of Doing Business.

Key Changes

Provision

Before Amendment

After Amendment (Jan ....

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