Environment ministry Proposes to soften the provisions of the Environment Protection Act (EPA)

Subject: Environment

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.
However, in case of serious violations which lead to grievous injury or loss of life, they shall be covered under the provision of Indian Penal Code, 1860 read with Section 24 of EP Act.
Two major changes proposed are appointing an “adjudication officer” who would decide on a penalty in cases of environmental violations
The Funds collected as penalties would be accrued in an “Environmental Protection Fund”. In case of contraventions of the Act, the penalties could extend to anywhere from ₹5 lakh to ₹5 crore,
the Environment Protection Act provisions will be in force for penal provisions of the single use plastic ban
The removal of prison terms also applies to the Air Act, which is the corner stone legislation for dealing with air pollution, and the Water Act, which deals with violations to water bodies.
The roots of the enactment of the EPA lies in the United Nations Conference on the Human Environment held at Stockholm in June,1972 (Stockholm Conference).
No Court shall take cognizance of any offence under this Act except on a complaint made by:

The Central Government or any authority on behalf of the former.

Constitutional Provisions:

The EPA Act was enacted under Article 253 of the Indian Constitution which provides for the enactment of legislation for giving effect to international agreements.
Article 48A of the Constitution specifies that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
Article 51A further provides that every citizen shall protect the environment.