Tightening the noose further around companies that flout environmental norms, the government is now proposing to make violations of green laws, including the non-compliance of conditions specified while granting approvals, a cognisable and non-bailable offence.

The environment ministry today said it was accepting, in full, the recommendations of a committee it had set up to examine issues regarding compliance of environmental conditions by companies while executing their projects. The committee, headed by special secretary in the ministry J M Mauskar, noted several limitations in the current system of monitoring compliance and said provisions under the existing law (Environment Protection Act, 1986) was neither ?deterrent nor punitive enough?.

Recommending enhancement of penalties in the Environment Protection Act, the committee has said that the violations of the Act, including non-compliance of conditions, should be made a congnisable and non-bailabe offence. It has also recommended that the quantum of penalty be enhanced to a sufficiently high level and that there should be no upper limit in this regard for serious violations.

In most of the recent high-profile tussles, including those involving Posco and Vedanta, the ministry had acted against the companies for violations for conditions specified while granting the environmental clearance to them.

As of now, the Environment Protection Act provides for a maximum of three years of imprisonment and a maximum of R 1 lakh in fine in serious cases of violation but there is hardly any conviction on these charges. Mostly, the companies get away by paying a financial penalty. In some rare cases, like Vedanta’s proposed bauxite mining project in Niyamgiri Hills of Orissa, the ministry withdrew its clearance granted earlier.

?Environment pollution can even result in deaths to people. So the penal provisions regarding callous violations of environmental laws need to be enhanced,? said a member of the committee. In order to implement the recommendations of the committee, the government would need to amend the provisions of the Environment (Protection) Act. The committee has also recommended a strengthening of the monitoring agencies like the Central Pollution Control Board, its state affiliates, the Coastal Zone Management Authorities, both in terms of human resources as well as technical capabilities.