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Section2
The Environment (Protection) Act, 1986

Definitions

In force From 19 Nov 1986 Act 29 of 1986 As on 15 Oct 2026

Act 29 of 1986 Ministry Environment, Forest and Climate Change Enacted 23 May 1986 In force 19 Nov 1986 Instruments 12

Section 2 of the Environment (Protection) Act, 1986 deals with definitions. In this Act, unless the context otherwise requires,-- (a) "environment" includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property; The Act came into force on 19 Nov 1986.

In this Act, unless the context otherwise requires,--

(a) "environment" includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property;

(b) "environmental pollutant" means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;

(c) " environmental pollution" means the presence in the environment of any environmental pollutant;

1[(ca) "Fund" means the Environmental Protection Fund established under section 16;]

(d) "handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance;

(e) "hazardous substance" means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property or the environment;

(f) "occupier", in relation to any factory or premises, means a person who has control over the affairs of the factory or the premises and includes, in relation to any substance, the person in possession of the substance;

(g) "prescribed" means prescribed by rules made under this Act.

Section 2, The Environment (Protection) Act, 1986 (Act 29 of 1986).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 16 Environmental Protection Fund

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. M/s Indian Oil Corporation Limited vs V.B.R. Menon

    Supreme Court of India 14 Mar 2023 Binding (Supreme Court) with Significant Precedential Value Reportable

    Court's Decision & Legal Precedent

    The National Green Tribunal has the jurisdiction and power to direct the Central Pollution Control Board and State Pollution Control Boards to exercise their powers under Section 5 of the Environment (Protection) Act, 1986 for environmental protection. However, such directions must be reasonable, proportionate to the environmental objective, and not legislative in nature. When comprehensive guidelines addressing environmental concerns are already in place and operational, the NGT cannot impose additional mandatory approval mechanisms (such as Consent to Establish and Consent to Operate) as a supervisory measure, as this would be disproportionate and cause unnecessary hardship. Instead, the appropriate remedy is strict adherence to existing guidelines combined with enforcement action against violators. The exercise of NGT's wide discretionary powers under Rule 24 of NGT Rules must respect the deliberative decisions of regulatory authorities such as CPCB's industrial classification scheme and balance environmental protection with practical feasibility.

    On this section: Section 2(a) defines environment broadly. Section 3 empowers Central Government to take measures for protection and improvement of environment. Section 5 empowers issuance of directions for closure, prohibition or regulation of industries. Section 5A (inserted by NGT Act) makes directions under Section 5 appealable to NGT. Court held that these sections clothe Central Government with wide powers to protect environment, and NGT can direct regulatory authorities to exercise these powers.

    Read the full order on eCourts India

  2. Director General (road Development) National Highways Authority of India vs Aam Aadmi Lokmanch

    Supreme Court of India 14 Jul 2020 Binding (SC) Reportable

    Court's Decision & Legal Precedent

    The National Green Tribunal has jurisdiction under Sections 14, 15, 16, and 17 of the NGT Act, 2010, to award compensation for death and environmental damage resulting from violation of enactments listed in Schedule I, including the Environment Protection Act, 1986. The NGT can exercise this jurisdiction on application by any person aggrieved, including representative organizations, without requiring application by legal representatives of deceased. However, while NGT has power to issue general directions for environmental protection based on adjudication of cases before it, such directions must be based on scientific evidence, expert reports, and proper procedure allowing parties to object and make representations. Sweeping blanket directions without such foundation are procedurally indefensible and can be set aside. Similarly, state government's exercise of power under Section 154 of MRTP Act to modify development plans must be based on adequate reasons and supporting material, and cannot be arbitrary or devoid of rationale. The National Highways Authority of India owes a duty of care to highway users to maintain highways in safe condition, including drainage systems and culverts, and can be held liable in tort for breach of this duty when it fails to take reasonable steps after being notified of deficiencies and foreseeable dangers.

    On this section: Analyzed definition of 'environment' and 'environmental pollution' to establish NGT's jurisdiction over hill destruction and mining activities

    Read the full order on eCourts India

  3. M/s Indian Oil Corporation Limited vs V.B.R. Menon

    Supreme Court of India 14 Mar 2023 Persuasive Authority For Other High Courts And Tribunals Reportable

    Court's Decision & Legal Precedent

    While the National Green Tribunal possesses the jurisdiction and power to direct the Central Pollution Control Board to exercise its statutory authority under Section 5 of the Environment Protection Act, 1986 for environmental protection purposes, the requirement to obtain Consent To Establish and Consent To Operate for petroleum retail outlets is neither necessary nor reasonable when comprehensive guidelines issued by the CPCB addressing all environmental safeguards are scrupulously adhered to and enforced. The Court may modify NGT's direction when implementation would impose disproportionate burdens without corresponding environmental benefit, substituting guidance ensuring strict adherence to sectoral guidelines with enforcement against breaches through established legal mechanisms.

    On this section: Definition of environment

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Another 9 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 2

What have the courts held on Section 2 of the Environment (Protection) Act?

M/s Indian Oil Corporation Limited vs V.B.R. Menon (14 Mar 2023) is the leading judgment on this section among those set out below: Section 2(a) defines environment broadly. Section 3 empowers Central Government to take measures for protection and improvement of environment. Section 5 empowers issuance of directions for closure, prohibition or regulation of industries. Section 5A (inserted by NGT Act) makes directions under Section 5 appealable to NGT. Court held that these sections clothe Central Government with wide powers to protect environment, and NGT can direct regulatory authorities to exercise these powers. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2020 to 2023.

How do I find court cases under Section 2 of the Environment (Protection) Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Environment Act 2, section 2 Environment Act, section 2 of the Environment (Protection) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with M/s Indian Oil Corporation Limited vs V.B.R. Menon (14 Mar 2023).

What should I read with Section 2 of the Environment (Protection) Act, and has it changed?

Its own text turns on section 16 (Environmental Protection Fund), so none of them can safely be read on its own. The rules and notifications made under it are where it actually bites, and there are 3: most recently G.S.R. 499(E) Environment (Utilisation of Crop residue by Thermal Power Plants) Rules, 2023 (2023), then Battery Waste Management Rules, 2022 (2022), and 1 more.

When did Section 2 of the Environment (Protection) Act come into force?

Section 2 of the Environment (Protection) Act, cited as Environment Act 2, came into force on 19 Nov 1986, having been enacted on 23 May 1986. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.