पर्यावरण से सम्बंधित अपराधों की सजा में ढील

Centre to soften punitive steps in environment cases

Ministry points to suggestions to ‘decriminalise’ provisions

06/07/2022 

Jacob KoshyNew Delhi

The Union Environment Ministry proposes to soften the provisions of the Environment Protection Act (EPA) 

by replacing a clause 

that provides for imprisoning violators with one that only requires them to pay a fine.

 This, however, does not apply 

to violations that cause grave injury or loss of life

 The proposed fines, 

in lieu of imprisonment, are five to 500 times greater than those currently levied.

The Act currently says that violators will be punishable with imprisonment up to five years or a fine up to ₹1 lakh, or both. 

Were violations to continue, an additional fine of up to ₹5,000 daily during which such failure or contravention continues after the conviction would be levied. 

There is also a provision for jail terms to extend to seven years.

The Environment Ministry, in a note this week laying out the rationale governing the amendments, said that it had

 received “suggestions” to decriminalise existing provisions of the EPA to weed out “fear of imprisonment for simple violations”.

The two major changes proposed are

1 appointing an “adjudication officer” who will decide on the penalty in cases of environmental violations 

such as reports not being submitted or information not provided when demanded. 

“However, in case of serious violations which lead to grievous injury or loss of life, 

1 they shall be covered under the provision of the Indian Penal Code, 1860 read with Section 24 of the EP Act,” the document says.

Funds

collected as penalties would be accrued in an “Environmental Protection Fund”.

 In case of contraventions उल्‍लंघन of the Act, the penalties could 

extend to anywhere from ₹5 lakh to ₹5 crore, it says.

 The Ministry has sought comments from the public on its proposals until July 21.

 The removal of prison terms 

also applies to the Air Act, which is the cornerstone legislation for dealing with air pollution,

 and the Water Act, which deals with violations to water bodies.

Source the hindu