CRITICAL ANALYSIS OF WATER POLLUTION LAWS IN INDIA

Abstract

In today’s world, there is no doubt about the fact that the greatest threat to mother earth as well flora and fauna on this planet comes from pollution. This pollution can be in any form such as air, soil, sound, water, etc. This problem of pollution can be seen everywhere on the earth. Due to rapid growth of population in one hand and also industrial development on the other hand, pollution in any form has increased drastically over the last decades. In this article, the problem and legal framework for water pollution in the country has been addressed by the author. According to UNDP (United Nations Development Programme), “water is the stuff of life and a basic human right.” Therefore, water is the basis of all life on this planet earth. As per the National water policy of India, water is considered as the scare national resource which is fundamental for the existence of living beings. The importance of purity of water has always been given in India since the time immemorial. It was the duty of each member of the society to protect water from getting impure. This article maps out the relevant legislative and legal framework concerning water pollution in India. The present blog also analyses shortcomings in the present legal regimes and further suggests the ways to improve the outcomes.?

Keywords: Water pollution, India, legal framework, Water Prevention and Control of Pollution Act, 1974, Constitution of India.?

Introduction

In India, there are three components of water pollution law which mainly includes international treaties & conventions, central-level acts and state-level acts. Overall, Indian legal system provides for different laws which specifically deal with the cause of water pollution in particular.?

There are many definitions available pertaining to the word “pollution”. As per Water (Prevention and Control of Pollution) Act, 1974, “pollution means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or plants or of aquatic organism.”?

International framework concerning water pollution?

In the last decades, various international organizations such as United Nations (UN) including various others have laid down standards for protecting water from pollution. UN Conference on the Human Environment (UNCHE) which was held in the year 1972, established ‘United Nations Environment Programme’, i.e. UNEP to address problems related to the water pollution in the world. The United Nations Conference on the Environment and Development i.e., UNCED, which was arranged in the year 1992 noted that, “Right to water entails three elements: access, quality and quantity going beyond the general objectives to make certain that adequate supplies of water of good quality are maintained for the entire population on this planet.” (Agenda 21, Chapter 18) This integrated approach towards water pollution has been promoted throughout this Chapter 18.?

United Nations Conference on Sustainable Development relating to water and sanitation to which India is a signatory, which was held from June 20-22, 2012 reiterated the importance of recognizing and integrating water for the sustainable Development. The conference was highlighted the decade 2005 to 2015 as “International Decade for action, water for life”. United Nations proclamation dated November 10, 1980 mentioned the importance of sufficiency and purity and declared, “International Drinking water Supply and Sanitation Decade.”

Right to water

We all know that water is an indispensable part of life on earth. As per the report of NITI Aayog, water crisis in India is more threatening than it is perceived. In July 2010, the Resolution No. 64/92 of United Nations General Assembly acknowledged that safe & clean drinking water and sanitation are basic human rights which are necessary for the enjoyment of human life.

Indian Judiciary has also included right to water and clean environment under Article 21 of the Constitution of India. This right has also extended to article 48 and article 51 (g) of the Constitution. The Indian Constitution casts duty on every citizen to protect and improve natural resources which also includes water under Part IVA of the Constitution. The Honourable Supreme Court in the case of Narmada Bachao Andolan v. Union of India, held that right to clean water is a basic fundamental right and included it under the ambit of article 21.?

The Madhya Pradesh High Court in the case of Hamid v. State of M. P. observed that, “citizens have right to clean and safe drinking water.” This right has been enshrined under article 47 of the Constitution of India. In the same case, it was further observed that the people who are affected with the contaminated water shall be treated through the expense of the state. And, if there is any surgery required then the state should bear the expenses. The Honourable Supreme Court in the case of, Susetha v. State of Tamil Nadu, observed that, “the water bodies are required to be retained. Such requirement is envisaged not only in view of the fact that the right to water as also quality of life are envisaged under Article 21 of the Constitution of India, but also in view of the fact that the same has been recognized under Articles 47 & 48-A of the Constitution of India. Article 51-A of the Constitution of India makes a fundamental duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife.”?

Legislative framework for water pollution in India: An overview

1. The Shore Nuisance (Bombay and Kolaba) Act, 1853: This act was operative in Bombay (Mumbai) and Kolaba district (Now, Raigad) of the state of Maharashtra. The concerned act had authorized Revenue Collector to issue notices if anyone created nuisance in the coastal area below high watermark.?
2. Oriental Gas Company Act, 1857: This act is considered as one of the first attempts to control water pollution in India. Section 15 of this act provided that gas generated by this company should not foul any water stream, reservoir or any other source of water. If company violates this section, then the company will be entitled to pay sum of Rs. 1000 to the Government. Even if company continues to violate the same, then company was required to pay Rs. 500 each day. However, the government came with this type of strict law not to control cause of water pollution but to satisfy those who were agitating against the said company.?
3. The Northern India Canal and Drainage Act, 1873: As per Section 70 (3) of the said act, if there is any interference or any alteration with respect to flow of water in any stream or river, and if that interference or alteration is causing endanger, damage then it will be considered as an offence. The punishment provided for such offence was imprisonment not exceeding three months or fine of Rs. 50 or both.?
4. Indian Penal Code, 1860: Under Chapter XIV of IPC,1860 deals with ‘Offences affecting public health, safety, convenience, decency and morals.’ Under Section 277 of IPC, it was mentioned that fouling of water means, “voluntarily corrupting or fouling water of any public spring or reservoir, so as to tender it less fit for the purpose for which it is ordinarily used.”?
5. Water (Prevention and Control of Pollution) Act, 1974: The main objective of this act was to provide mechanism for prevention of water pollution and to provide for maintenance of water bodies. For the effective control and prevention of pollution, two authorities namely the Central Pollution Control Board and the State Pollution Control Board were established. This act was promulgated as a Central legislation under Article 252 of the Constitution of India. This act was one of the first big steps taken by the government of India for effective control of water pollution at such level.?
6. Water (Prevention and Control of Pollution) Cess Act, 1977: This act was promulgated with the objective to levy as well as collect cess from the unit which are thought to cause water pollution. As per Section 3 of this act, every person who is carrying any specific industry and also, every local authority will be liable to pay cess.?
7. Environmental (Protection) Act, 1986: This act promulgated for the overall protection of environment also deals with quality of water and control of water pollution. Section 2 (a) of this act defines the environment to include water. This act authorizes the central government to establish good quality of environment.?
8. Indian Easements Act, 1882: As per Section 7 of the Easements act, every riparian owner (riparian owner implies to someone who owns land adjoining to water stream or river) is entitled to right to the continued flow of water in a natural stream and that too in natural condition without any destruction or any unreasonable pollution.?

Conclusion and Suggestions

India has adopted sectorial approach to the problem of water pollution in the country which has miserably failed. There are many reasons behind this failure. According to researcher, these reasons many include ineffective and weak system of legislative framework, explosion of population and rapid industrial growth in the country without any specific regulatory mechanism for the same. However, there are some steps taken by legislature such as Water (Prevention and Control of Pollution) Act, 1974, Environmental (Protection) Act, 1986, etc. It is necessary that water pollution control laws should be made more stringent and adequate provisions for funds should be made. Author has listed down some of the suggestions:?

• Comprehensive environmental law: Natural resources are inter-linked with each other. Therefore, detailed and comprehensive model for effective environmental law should be adopted by studying various environmental legal systems across the globe.?
• Awareness to public: Apart from legislative and judicial efforts, there is need to strengthen general public awareness on water pollution. This awareness should include fundamental duties of citizens towards environment, how they can protect them, etc. Children from schools as well as teachers should be included for same.?
• Effective utilization of fund or higher allocation: Due to sensitivity in such issues, the funds should be rightly allocated and allocation should be fully utilized.?