The Jan Vishwas (Amendment of Provision) Act, 2023(18 of 2023) makes substantial amendments to the Environment (Protection) Act, 1986 (29 of 1986), especially in the form of decriminalization of certain offenses under the Act. This amendment seeks to ease compliance for businesses while keeping environmental protection intact.

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Important Features of the Amendment

• Decriminalization of Offenses: The amendment looks to replace criminal penalties related to certain violations of the Environment (Protection) Act with civil liabilities. This is aimed at encouraging businesses to comply by removing the fear of severe legal consequences.
• Civil Penalties: Instead of imprisoning an individual or entities that fail to comply with the provisions of the Environment (Protection) Act, will now face civil penalties. This is anticipated to lead to faster resolutions and facilitate correction in a more timely manner.
• Battery Waste Management Rules Amendment: The Jan Vishwas Act also mandates an amendment to the Battery Waste Management Rules, 2022. The Central Government has found that it is expedient to do so without giving such notice as is referred to in sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986.
• Omission and Substitution in Rules: Specifically, the amendment omits sub-rule (2) of rule 13 from the Battery Waste Management Rules and substitutes a new provision for sub-rule (9). The new sub-rule states that any person who fails to comply with these rules will be liable for penalties by section 15 of the Environment (Protection) Act.

Implications of the Amendment

The implications of amendments by the Jan Vishwas Act are the following:

• Promotion of Compliance: With the decriminalization of offenses, companies will be more likely to comply with environmental laws without the fear of major punishment. This shift of attitude encourages compliance rather than being a fearful culture.
• Streamlined Enforcement: The shift from criminal prosecution to civil penalties allows regulatory authorities to enforce compliance more efficiently. It enables quicker responses to violations and encourages businesses to take corrective actions promptly.
• Public Interest Focus: The decision to amend the Battery Waste Management Rules without prior notice reflects a commitment to addressing urgent public health and environmental concerns quickly and effectively.
• Better Regulatory Clarity: The new regulations make the rules on business's liability for environmental compliance, especially for the handling of waste from batteries, clearer.

Conclusion

The Jan Vishwas (Amendment of Provision) Act, 2023 marks a step in a new direction for India's approach to environmental regulation. Decriminalizing some offenses under the Environment (Protection) Act and amending rules connected with it, the government would like to make it a business-friendly place but still maintain essential safeguards in matters of public health and safety.

This legislation represents a larger movement in which encouragement to comply through cooperation and support is being used more and more in preference to punitive measures. With these new regulations, businesses are allowed to improve not only their operational practices but also their positive contributions to India's environmental landscape.

In brief, these amendments reflect a great paradigm shift in the philosophy of regulations in a balanced growth approach with environmental concern essentials towards reaching the goals of sustainable development in India.