GOVERNMENT PROPOSES TRUST-BASED RULES FOR INDUSTRIAL POLLUTION MONITORING

Why in the news?

The government introduced draft amendments under the Jan Vishwas Act, proposing significant changes to industrial pollution monitoring, sparking concerns over reduced regulatory oversight.

GOVERNMENT PROPOSES TRUST-BASED RULES FOR INDUSTRIAL POLLUTION MONITORING - UPSCsource:prsindia.org

Government Proposals and Changes

  • The Union Environment Ministry introduced draft notifications under the Jan Vishwas (Amendment of Provisions) Act, 2023, to promote trust-based governance, ease of living, and business.
  • Proposed amendments to the Air Act, 1981, and Water Act, 1974, could exempt non-polluting industries from needing mandatory consent from pollution control boards.
  • A new framework will introduce adjudicating officers to oversee environmental offences.

Exemptions and Self-Declarations

  • Industries classified as “White” by the Central Pollution Control Board (CPCB) will be exempt from mandatory clearances and only need to self-declare their operations to state pollution control boards.
  • Projects requiring prior Environmental Impact Assessment (EIA) clearance will not need additional consent to establish (CTE); this will be integrated with the Environmental Clearance (EC) process.
  • State Pollution Control Boards (SPCBs) and Pollution Control Committees (PCCs) will ensure exempted units adhere to regulations.
About Jan Vishwas Act, 2023:

  • Objective: The Jan Vishwas Act, 2023 aims to enhance ease of doing business and living by decriminalising minor offences, reducing compliance burdens, and fostering trust-based governance.
  • Scope: It amends 42 Acts, including the Indian Forest Act, 1927, Environment Protection Act, 1986, IT Act, 2000, and Air Act, 1981.

Key Features:

  • Decriminalisation: Replaces imprisonment with civil penalties for 183 minor offences across 42 Acts.
  • Offence Removal: Certain offences, such as those under the Indian Post Office Act, 1898, are completely removed.
  • Periodic Penalty Revision: Penalties increase by 10% every three years.
  • Adjudicating Officers: Appointed to determine penalties, with an appellate mechanism for grievances.

Benefits:

  • Rationalizes Criminal Provisions: Prevents unnecessary court cases for minor violations.
  • Supports Economic Growth: Reduces bureaucratic barriers, benefiting businesses, especially MSMEs.
  • Eases Judicial Pressure: Decreases the burden on the justice system by reducing minor crime proceedings.
  • Promotes Trust-Based Governance: Ensures a fear-free environment for citizens and businesses.