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Kerala
Provisions of the Environment Protection Act are being invoked in the charge-sheet for dumping waste materials at public places, writes Biju Govind The police have decided to take action against those dumping waste materials at public places. Last week, the Feroke police slapped a case on two persons for dumping waste from a slaughterhouse into Feroke river. They were charged under Section 7 (persons carrying on industry operation, etc., not to allow emission or discharge of environment pollutants in excess of the standards) and Section 15 (penalty for contravention of the provisions of the Act) of the Environment Protection Act and Section 270 (malignant act likely to spread infection of disease dangerous to life) and Section 277 (fouling water of public spring or reservoir) of the Indian Penal Code (IPC). They were remanded to judicial custody at the district jail. The District and Sessions Court rejected a bail application moved by them, police officials said. Less than a month ago, a case was registered by the police against two persons for a similar offence. The accused were arrested on charges of dumping waste materials into Kallai river. Similarly, a dental surgeon was brought to book for disposing of medical waste from his clinic at a street corner. As of now, Kudumbasree volunteers are engaged in daily collection of garbage from households, commercial establishments and slaughterhouses for the past four years. Although residents have been cooperating with the model solid waste management programme of the City Corporation, slaughterhouses and catering units often tend to violate the rule, employing private agencies to collect garbage and dump them elsewhere. Dumping of waste materials, particularly animal waste, has been reported at places on Bypass Road, Beach, Canoly Canal and West Hill Barracks. Numerous agencies are operating services in the collection and clearance of garbage from slaughterhouses and hotels. It has also been found that utility vehicles carry waste from Malappuram district. Mini-lorries and goods autorickshaws engaged in dumping waste have been seized by the police on several occasions. With the law enforcing agencies taking a firm stand, sections of the Environment Protection Act were also being included in the charge-sheet for dumping waste materials at public places. Previously, only provisions of the IPC were charged against the offenders, the officials said. The Act, providing for the protection and improvement of environment, and the rules were framed based on the United Nations Conference on Human Environment held at Stockholm in 1972. Section 15 of the Environment Protection Act states that the offender will be punished with imprisonment for a term which may extend to five years with a fine which may extend to Rs.1 lakh or with both. The offence is thus considered non-bailable. On the other hand, Section 270 of the IPC punishes the guilty with imprisonment for a term which may extend to two years or with fine or both and Section 277, with imprisonment which may extend to three months or fine which may extend to Rs.500, or with both.
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