The Union government is planning to make changes to the Environment (Protection) Act of 1986.
What are the present provisions?
The maximum fine that can be imposed on a polluting industry or other entities is Rs.1 lakh along with a jail sentence of up to five years.
Even this requires the government agencies to first file a complaint with a magistrate at the district level and secure a favourable order against the polluter.
At present, there are powers to shut down a polluting industry or an operation of a part of the industry temporarily.
Currently, a violation of the Environment Protection Act is treated as a criminal offence.
There is a felt need to have graded response to the pollution problem without everything ending up in court.
What are the proposed changes?
The level of fines for a polluting industry from Rs.1 lakh to Rs.1 Crore to be increased.
The fine is to be imposed without going through a judicial process prescribed in the current law.
A designated officer would be the final authority to decide the money that needs to be recovered from the polluting entity.
There is also a plan to make pollution a civil offence for which the government can demand costs from the polluters without going to the courts.
What are the shortfalls?
The proposed changes lack understanding of why repeated attempts over the past failed to bring a change in pollution levels in the river. This includes the recent Namami Gange project's output.
The river is a community asset and polluting it has disastrous health effects. This cannot be overlooked because a polluting industrial unit is happy to pay Rs.1 Crore.
Undermining judicial review could give scope for official-polluter nexus, instead of reducing pollution.
Change can start with more efficient execution of the existing rules than amending them or bringing new ones.
