Environmental Pollution Law in Nepal: Regulations and Enforcement

Environmental pollution has become a significant challenge in Nepal due to rapid urbanization, industrial growth, unmanaged waste disposal, and increasing vehicular emissions. In response, the Government of Nepal has established a legal framework to regulate and control pollution and protect the environment. The cornerstone of Nepal's environmental legal regime is the Environment Protection Act, 2019 (2076 B.S.), which replaced the earlier Act of 1997. This Act aims to ensure the right of every person to live in a clean and healthy environment, as enshrined in Article 30 of the Constitution of Nepal.

The Environment Protection Act, 2019, emphasizes environmental impact assessments (EIAs), pollution control measures, and sustainable development. It empowers the government to set pollution standards for air, water, and soil, and to take action against individuals or institutions that violate these standards. It also mandates industries and development projects to conduct environmental studies before commencing operations.

In addition to the main Act, there are supporting regulations such as the Environment Protection Rules, 2020 (2077 B.S.), which provide procedural clarity regarding environmental assessments and pollution control. Nepal has also adopted several international environmental treaties and conventions, which guide national laws and policies.

Despite these legal provisions, enforcement remains a challenge due to limited institutional capacity, lack of public awareness, and inadequate monitoring mechanisms. However, growing civil society engagement, judicial activism, and public interest litigation have begun to strengthen environmental governance in the country. Nepal's environmental law continues to evolve in an effort to balance development needs with ecological preservation.

The Muluki penal code,2074, has provisioned about environment pollution in sec 111 and 112.

Water pollution (Prohibition of fouling water: sec 111 of Muluki Penal Code,2074)

Water pollution is the contamination of water bodies such as rivers, lakes, and oceans by harmful substances. It is primarily caused by industrial waste, sewage discharge, agricultural runoff containing pesticides and fertilizers, and plastic debris. Polluted water harms aquatic life, disrupts ecosystems, and poses serious health risks to humans, including waterborne diseases like cholera and dysentery. In Nepal, major rivers like the Bagmati and Bishnumati are severely polluted due to unmanaged urban waste. Preventing water pollution requires proper waste treatment, public awareness, and strict enforcement of environmental laws to protect freshwater resources and ensure safe water for all.

Muluki Penal Code has stated, no one is allowed to pollute or contaminate water sources meant for public use. Specifically, it prohibits making drinking water or water from public springs unsafe or unfit for consumption. It also bans polluting water intended for other purposes, such as irrigation or washing, in a way that makes it unusable for those purposes. The main goal is to protect public health and ensure that water remains clean and safe for its intended use. Violating this rule could harm communities and disrupt access to essential water resources. It promotes responsible and respectful use of shared water sources.

Punishment

• Imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both sentences, in the case of a person who fouls, or causes to be fouled, drinking water or its spring,
• Imprisonment for a term not exceeding six months or a fine not exceeding five thousand rupees or both sentences, in the case of a person who fouls, or causes to be fouled, water to be used for other purpose.

Prohibition of polluting the environment:

No person shall generate, transmit, release or stockpile waste in such a manner as to cause a significant adverse impact on the environment.

Punishment:

Imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both sentences.

No person shall cause pollution in such a manner as to cause injury to public health or danger to the body or life of the public, or generate, transmit, emit, or stockpile sound, heat, or radioactive waves or hazardous waste, as the case may be, from a mechanical device.

Punishment

Imprisonment for a term not exceeding five years or a fine not exceeding fifty thousand rupees or both sentences.

Environment Protection Act 2076, sec 15 mentions certain acts for the control of pollution. They are as follows:-

• The Government of Nepal may set pollution control standards for vehicles, industries, hotels, restaurants, equipment, and hazardous substances through a notice in the Nepal Gazette.
• No one is allowed to create pollution that significantly harms public life, health, or the environment, or violate the government-set standards.
• Individuals or groups visiting mountain or high hill areas must not pollute or harm the environment in violation of these standards.
• If anyone causes environmental harm by violating these rules, the Department can instruct them to take corrective actions, impose conditions, or prohibit further harmful acts.
• If any tool, substance, or equipment is found to cause or likely to cause significant environmental harm, the Department may request the Ministry to take necessary action.
• The Ministry, after consulting relevant stakeholders, may ban the use, import, sale, or storage of such harmful items, and publish the ban in the Nepal Gazette.
• The Department will regularly monitor and evaluate compliance with the pollution control standards.

Environmental pollution remains a serious challenge in Nepal, but the government has taken significant legal steps to address it. The Environment Protection Act, 2019 and related rules aim to control pollution and promote sustainable development, while the Muluki Penal Code, 2074 enforces penalties for water and environmental pollution. These laws reflect Nepal’s commitment to safeguarding public health and natural resources. However, effective enforcement is still lacking due to institutional and awareness gaps. Strengthening implementation, promoting public participation, and enhancing monitoring systems are essential to ensure that legal measures translate into real environmental protection and sustainable progress for the country.