The Environment Ministry's draft rules propose empowering bureaucrats with quasi-judicial authority and establishing a fund for enhanced environmental protection and remediation efforts
The Environment Ministry's latest proposal could potentially shake up environmental enforcement by overhauling how environmental offences are handled under the Environment Protection Act and the Air and Water Acts.
Announced on July 23, the draft Environment (Protection) (Amendment) Rules, 2024, will modify existing regulations and arm officials with quasi-judicial powers to penalise offenders.
Among its salient points, the draft recommends the establishment of an Environment Protection to channel penalties collected from environmental violations. It would also bolster efforts in research, capacity building, and environmental remediation, including setting up air and water quality monitoring stations.
These draft rules are set to amend the Environment (Protection) Rules, 1986, in the wake of the Jan Vishwas (Amendment of Provisions) Bill, 2023, which has already decriminalised several provisions under major environmental laws, substituting imprisonment with fines ranging from Rs 10,000 to Rs 15 lakh.
Under the proposed rules, bureaucrats will gain quasi-judicial powers to probe and penalise environmental infractions. Adjudicating officers at the state level will be senior bureaucrats, such as secretaries of state environment departments. At the same time, the central government will appoint adjudicating officers of at least joint secretary rank.
These officers will wield civil court powers, including summoning accused parties, demanding documents, and gathering evidence via affidavits. The National Green Tribunal will serve as the appellate body for disputes arising from these adjudications.