Persons carrying on industry, operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards
No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed.
In plain English
What this section actually means
Section 7 is the single biggest substantive prohibition in Indian environmental law. In one sentence Parliament tells everyone running any 'industry, operation or process' that they cannot — directly or by permission — discharge or emit any environmental pollutant beyond the standards 'prescribed' (i.e., the limits fixed by rules made under Section 6 or Section 25 — see Section 2(g)).
Three features make this section formidable. First, the duty is absolute: there is no need for the prosecution to prove harm. The mere fact of an exceedance is the offence. Second, the language is wide — 'any industry, operation or process' catches not only factories but also DG-sets, construction sites, hospitals, hotels, even municipal sewage treatment plants. Third, 'permit to be discharged' captures the principal as much as the actual discharger — so an owner who looks the other way while the operator violates norms is equally liable.
Breach of Section 7 triggers Section 15 (punishment) and is the standard ground for closure directions under Section 5. Standards live in Schedule I (industry-specific effluent and emission limits), Schedule II (general effluent standards), Schedule III (noise limits), Schedule VI (general effluent standards) and Schedule VII (NAAQS) of the Environment (Protection) Rules, 1986.
Visual
See how it flows
Real life
What this looks like in real life
A laundry chain runs a boiler 11% over the PM limit
Setup. Monitoring shows particulate emission of 167 mg/Nm³ vs. the prescribed 150 mg/Nm³ — a 11% exceedance.
What the law does. The exceedance, however small, is a Section 7 offence. Section 15 prosecution can follow; Section 5 direction (often warning + show-cause) is the more usual first step. Pleading 'minor' exceedance is no defence; what matters is compliance, not approximation.
Landlord rents to a polluting tenant
Setup. A landlord rents commercial premises to a chemical-trading business that is regularly found exceeding effluent standards.
What the law does. 'Permit to be discharged' in Section 7 catches the landlord. The Centre/State can prosecute both tenant (as occupier under Section 2(f)) and landlord (as person permitting). Standard lease clauses requiring tenants to comply with environmental laws do not, by themselves, defeat liability.
Landmark cases
How the courts have read this
Sterlite Industries (I) Ltd. v. Union of India
Supreme Court of India · 2013 · (2013) 4 SCC 575
Repeated breaches of prescribed standards (Section 7) justify closure under Section 5 and substantial environmental damages under the polluter-pays principle.
Cross-references
Read this alongside
- Environment (Protection) Rules, 1986§Rule 3 + Schedules I, II, III, VI, VII·Source of the 'prescribed' standards referred to in Section 7.
- Air (Prevention and Control of Pollution) Act, 1981§Sections 21–22·Air-pollution-specific consents — operate parallel to Section 7. The same conduct can engage both statutes; Section 24 of EPA decides which applies for prosecution.
- Water (Prevention and Control of Pollution) Act, 1974§Sections 24–25·Water-pollution analogue. Parallel offence; choose forum carefully.
Frequently asked
Questions about Section 7
Open this section in the source PDF
Environment Protection Act, 1986.pdf
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