Published On: September 28th 2025
Authored By: Shivani Verma
INTRODUCTION
Water pollution represents one of India’s most pressing environmental and public health challenges. While water covers approximately 71% of the earth’s surface, access to clean water remains elusive for millions of Indians. Currently, 62% of the population lacks access to clean water supplies, a crisis exacerbated by rapid urbanization, industrialization, and population growth. Contaminated water poses severe risks to human health, biodiversity, and economic development, making effective legal regulation essential.
The legal framework governing water pollution in India has evolved significantly since independence. Initially, the Indian Penal Code of 1860 addressed water contamination offenses in a limited manner. However, the 1972 Stockholm Conference on Human Environment marked a turning point, catalyzing the development of comprehensive environmental legislation in India. This article examines the constitutional foundations, statutory framework, and judicial developments that constitute India’s approach to water pollution control.
CONSTITUTIONAL PROVISIONS
India’s Constitution provides the foundational framework for environmental protection, including water pollution control. Article 21, guaranteeing the right to life, has been judicially interpreted to include the right to a clean environment. This fundamental right creates a constitutional obligation for both the state and citizens to maintain environmental quality.
Article 51A(g) imposes a fundamental duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife. This provision establishes environmental protection as a civic responsibility. Complementing this, Article 48A directs the state to protect and improve the environment and safeguard forests and wildlife, creating a constitutional mandate for governmental action.
These constitutional provisions establish the legal foundation upon which specific water pollution legislation rests, providing both rights-based protections and duty-based obligations.
STATUTORY FRAMEWORK FOR WATER POLLUTION CONTROL
Parliament has enacted comprehensive legislation to address water pollution, creating a multi-layered regulatory framework. The primary statutes governing water pollution are:
The Water (Prevention and Control of Pollution) Act, 1974
The Water Act of 1974 serves as the cornerstone of India’s water pollution control regime. Amended in 1978 and 1988, this specialized legislation aims to provide clean drinking water to citizens and establish comprehensive pollution control mechanisms.
Key Objectives:
- Establishment of Central and State Pollution Control Boards
- Creation of regulatory frameworks for pollution prevention and control
- Implementation of penalty mechanisms for violations
- Development of testing laboratories to assess pollution levels and establish standards
Enforcement Mechanisms:
Under Section 20, violations of the Water Act carry significant penalties, including imprisonment for up to three months, fines up to ten thousand rupees, or both. These enforcement provisions provide deterrent effects while ensuring compliance with pollution control measures.
The Water Cess Act, 1977
Enacted to strengthen the financial capacity of pollution control boards, the Water Cess Act of 1977 imposed levies on water usage to fund environmental protection activities. The Act aimed to ensure adequate financial resources for the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to fulfill their regulatory mandates under the Water Act.
By creating dedicated revenue streams through water usage fees, the Act enabled pollution control boards to monitor water quality effectively, enforce pollution control measures, and take action against violators.
Note: This Act was subsequently repealed in 2017.
The Environment Protection Act, 1986
Following the Bhopal disaster, the Environment Protection Act of 1986 created an umbrella framework for environmental protection. This comprehensive legislation provides for the conservation and improvement of environmental quality, facilitating coordination between federal and state agencies involved in environmental protection.
The Act empowers the central government to take measures necessary for environmental protection and establishes procedures for environmental impact assessment, pollution control, and emergency response.
GOVERNMENT POLICIES AND INITIATIVES
The Indian government has implemented numerous policies and schemes to address water pollution comprehensively:
Major Initiatives:
- Namami Gange Programme (2014) – Integrated conservation mission for the Ganges River
- National River Conservation Plan (1995)- Comprehensive approach to river restoration
- Jal Jeevan Mission (2019)- Universal access to safe and adequate drinking water
- Atal Mission for Rejuvenation and Urban Transformation (2015)- Urban infrastructure development including water management
- Swachh Bharat Mission (2014)- Sanitation and waste management initiative
- National Water Policy (2012)- Framework for integrated water resource management
- Catch the Rain Campaign (2021)- Rainwater harvesting and groundwater recharge
These initiatives demonstrate a multi-pronged approach addressing both pollution control and water resource management.
JUDICIAL DEVELOPMENTS
Indian courts have played a crucial role in developing water pollution jurisprudence through landmark decisions:
M.C. Mehta v. Union of India (Ganga River Pollution Case)
This seminal case addressed industrial pollution of the Ganges River, with the Supreme Court taking proactive measures to direct pollution control and establish river management guidelines. The case established judicial activism as a tool for environmental protection.
Vellore Citizens Welfare Forum v. Union of India
Addressing groundwater pollution from hazardous industries, this case established foundational environmental law principles including the precautionary principle and the polluter pays principle, which have become cornerstones of Indian environmental jurisprudence.
Andhra Pradesh Pollution Control Board v. M.V. Nayudu
This decision clarified legal obligations of industries regarding pollution control, establishing clearer regulatory standards and compliance requirements.
Jagannath v. Union of India
Focusing on protection of rivers and wetlands from pollution, this case expanded the scope of water body protection under environmental law.
CHALLENGES AND LIMITATIONS
Despite comprehensive legal frameworks, water pollution control faces significant challenges:
– Population Growth: Increasing demographic pressure strains water resources and pollution control infrastructure
–Â Public Awareness: Limited understanding of pollution impacts and legal requirements
– Monitoring Weaknesses: Inadequate surveillance and enforcement mechanisms
– Corruption: Administrative inefficiencies that undermine regulatory effectiveness
– Rapid Urbanization: Infrastructure development lagging behind urban growth
CONCLUSION
India’s legal framework for water pollution control represents a comprehensive approach combining constitutional mandates, specialized legislation, and judicial activism. The evolution from basic criminal law provisions to sophisticated environmental regulation demonstrates the legal system’s adaptability to emerging challenges.
However, effective implementation remains the critical challenge. While laws provide robust frameworks, their success depends on adequate funding, public engagement, technological advancement, and political will. The integration of legal measures with policy initiatives and community participation offers the best pathway to ensuring clean water access for current and future generations.
The ongoing development of water pollution law in India reflects the dynamic nature of environmental challenges and the legal system’s capacity to respond. Continued vigilance, innovation, and commitment from all stakeholders will determine the success of India’s water pollution control efforts.
REFERENCES
Case Law
– M.C. Mehta v. Union of India (Ganga River Pollution Case), (1987) 1 SCC 395
– Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
– Andhra Pradesh Pollution Control Board v. M.V. Nayudu, (1999) 2 SCC 718
– S. Jagannath v. Union of India, (1997) 2 SCC 87
Legislation
– The Water (Prevention and Control of Pollution) Act, 1974
– The Water Cess Act, 1977 (repealed 2017)
– The Environment Protection Act, 1986
– Constitution of India, Articles 21, 48A, 51A(g)
Secondary Sources
– Dr. N. Maheshwar, *Environment Law* (3rd ed. 1965)
– Lakshay Kumar, “The Water (Prevention and Control) Act 1974,” iPleaders Blog, https://blog.ipleaders.in (accessed April 17, 2025)
