Environment Pollution Laws in Nepal

Introduction to Environment Pollution Laws in Nepal

Environment Pollution means the contamination as well as deterioration of the natural environment. The Major cause of environmental pollution in Nepal is the mixing of harmful substances through day-to-day or industrial activities. Its primary forms are Air Pollution, Water Pollution, and Soil Pollution.

The Major International Laws and Conventions surrounding Environmental Pollution are the Kyoto Protocol, The Montreal Protocol, and the Stockholm Convention of Persistent Organic Pollutants.

In the context of Nepal, the National Penal Code and Environment Protection Act are the major governing tools for Environmental Pollution and the offenses associated with Pollution.

Section 111 and Section 112 of the National Penal Code on Chapter 5 of Offenses against Public Interest, Health, Safety, Convenience and Morals in Nepal have devised laws on Water Pollution and other risks forms of Pollution in Nepal.

Water Pollution

Water Pollution has been exclusively prohibited by Section 111 of the National Penal Code. It has provisioned that no individual can contaminate water that is designed for public consumption. It has also prohibited polluting other forms of Public Water Sources such as Public Spring Water. Water Resources cannot be polluted to make it hazardous for drinking purposes.

Moreover, the Act has also forbidden to pollute other sources of water that are meant for purposes other than drinking. It includes any form of pollution so that the Water becomes unsuitable to drink.

Section 111 Sub-Section 2 has prescribed the punishment for Water Pollution in Nepal. For the fouling of drinking water or the source of drinking water or causing to do as such, the act has prescribed a term of imprisonment for up to three years or a fine of up to NPR 30,000 or both.

For Fouling Non-Drinking Water, the act has prescribed a term of imprisonment not exceeding 6 Months and a fine of up to NPR 5,000 or both.

Other Forms of Pollution

It has been prohibited to cause environmental Pollution by Section 112 of the National Penal Code. It provides that no individual is allowed to do the following in a manner that harms the environment or causes to harm the environment:

1. Generation of Waste
2. Transmission of Waste
3. Stockpiling of Waste
4. Releasing Waste.

Further, the act has prohibited actions that cause harm to the Health of the Public and bring life-threatening risks through Pollution. It includes the following

1. Emission of Sound or Heat
2. Emission of Radioactive Waste
3. Emission of Hazardous Waste from Other Devices.

The Act has prescribed the punishment for the above actions as follows:

1. For causing harm to the environment through Waste, an individual is liable for a term of imprisonment not exceeding one year or a fine of up to NPR 10,000 or Both.
2. However, for conduct that can cause significant harm to Public Health through Pollution including the Emission of Hazardous Waste, the individual who carries out the conduct is liable to a term of Imprisonment not exceeding 5 years or a fine of up to NPR 50,000 or Both.

Conclusion

To Conclude, Section 111 and Section 112 of the National Penal Code have dealt with environmental pollution and its crimes in Nepal.

Furthermore, the Environment Protection Act 2076has been consolidated to amend and unify laws relating to the Environment in Nepal and protect the right to the Environment of the citizens of Nepal.