WATER POLLUTION LAWS AND REGULATIONS IN INDIA

Published on 2nd February 2025

Authored By: S. Livinasree
School of Excellence in Law

INTRODUCTION

Water is an essential natural resource crucial for various purposes. Its numerous applications encompass drinking, domestic uses, industrial cooling, power generation, agriculture (irrigation), transportation, and waste disposal. In the chemical processing industry, water is a reaction medium, solvent, scrubbing medium, and heat transfer agent. As a fundamental source of life for humans, plants, and other forms of life, it cannot be substituted. Those of us residing in industrialized nations experience a privilege, enjoyed dozens of times daily, that is unavailable to 75 percent of the global population: ample clean water supplies. However, water is vital for life on Earth, as no known organisms can survive without it[1].

Water pollution is defined as “the contamination of water by various chemical substances or eutrophication that results from numerous nutrients and fertilizers (Southwick, 1976).” The U.S. Department of Health, Education, and Welfare describes water pollution as “the introduction of any substance into water, or the alteration of its physical and chemical properties in any manner that disrupts its use for legitimate purposes.”

Addressing water pollution is an exceptionally challenging endeavour. Furthermore, there are additional economic and administrative difficulties that come into play. These issues can be outlined as follows. Firstly, India operates as a federal nation, where all rivers cross state boundaries and water governance falls under state jurisdiction. An upstream state can undermine the efforts of a downstream state to manage the pollution of its river by utilizing its water for various activities, which may alter both the quality and quantity of water that reaches the downstream region. Secondly, measuring water pollution can be quite challenging, especially in India, where the available technology and expertise are limited. Currently, scientists employ physical techniques to assess water pollution, such as using meters to gauge the electrical conductivity of the water. The most frequent assessment involves measuring the Biochemical Oxygen Demand level in the water. Lastly, there exists a challenge in reconciling the purity standards of industrial discharge and sewage effluent released into the waterway with the purity standards required for the stream water itself.

SOURCES OF WATER POLLUTION[2]

The two main sources of water Pollution: 1. Point sources 2. Non-point sources

  1. Point Source: A point source pertains to pollutants that originate from a single source. Example: Manufacturing industries releasing chemicals, heavy metals, and hazardous materials into local rivers or lakes.
  2. Non-point source: Non-point source pollution pertains to pollutants released from various origins. Water that has become contaminated following rainfall and has flowed through different areas can also be classified as a non-point source of water pollution. Example: Runoff from agriculture, which includes pesticides and fertilizers from the fields in the Ganges Basin, contaminates the river, leading to increased levels of toxins and nutrients that are detrimental to aquatic ecosystems.

CAUSES OF WATER POLLUTION[3]

Agriculture pollution: Water pollution can be caused by agricultural by-products like fertilizers, pesticides, soil additives, and animal waste, which are carried from land to water bodies via irrigation, precipitation, and leaching.

Sewage and Water waste: Treated sewage and wastewater can still contain harmful chemicals, bacteria, and pathogens. The effluent from every home is discharged into the ocean along with fresh water. The pathogens and bacteria present in that wastewater can proliferate diseases, leading to health problems in both humans and animals.

Solid Waste Pollution:

Solid waste composition changes based on the socio-economic status of the community producing it. The following materials can be categorized as solid waste.

  1. Garbage – Organic waste originating from households, including food scraps, canning, freezing, and meat processing activities that are not discarded through wastewater.
  2. Rubbish – All non-biodegradable waste, such as garden debris, textiles, paper, metals, and chemicals.
  • Sewage Sludge – Sewage sludge is the solid, semi-solid, or liquid residual material produced during the treatment of wastewater in sewage treatment facilities.
  1. Miscellaneous Materials – Includes chemicals, paints, explosives, and mining by-products.

Dumping these materials into rivers or oceans results in water pollution.

Thermal Pollution: Thermal pollution refers to a quick alteration in temperature within a natural water body. This type of pollution is typically caused by the release of heated water from industrial operations or other human activities. Thermal pollution can lead to disturbances in natural ecosystems and can induce stress, illness, or even mortality in the organisms that are impacted[4].

Surface Water Pollution: The primary contributors to this issue are point sources, which represent the majority of pollutants discharged into rivers and can be effectively addressed through pollution control efforts. Among the overall pollution generated by industrial sectors, chemical processing facilities are responsible for approximately 40%-45% of total pollutants, while nearly 70% of all organic pollution stems from the food and agro-based industries.

Groundwater Pollution: When humans use pesticides and chemicals on the soil, rainwater washes them deep into the ground. This seeps into underground water sources, leading to pollution below the surface. As a result, when we excavate wells and boreholes for water, it must be treated beforehand.

In addition to these, many other factors contribute to water pollution.

EFFECTS OF WATER POLLUTION

Water contamination significantly impacts ecosystems, human well-being, and the equilibrium of the environment.. It restricts plant growth by rendering vital nutrients unavailable and disturbs both forest and marine ecosystems due to oxygen depletion from algal blooms. Contaminated water can transmit diseases caused by bacteria, viruses, and parasites, such as diarrhea, cholera, and hepatitis, especially in developing countries lacking proper sanitation and wastewater treatment. Pollution originating from sewage, industrial discharge, and improper practices harms soil, taints groundwater, and endangers marine organisms when it enters the oceans. Furthermore, pollutants disrupt the -natural equilibrium of species and can transcend political borders, hindering global efforts for water conservation. Water pollution poses a threat to both aquatic species and human existence, highlighting the urgent necessity for effective management and conservation measures[5].

LAWS REGULATING WATER POLLUTION

Water (Prevention and Control of Pollution) Act, 1974

The Act aims to prevent and manage water pollution while also preserving and rehabilitating the quality of water. Prevention addresses new sources of pollution, whereas control pertains to those sources of pollution that already exist. To effectively manage and prevent pollution, two organizations were established: the Central Pollution Control Board and the State Pollution Control Board. This legislation was enacted as a Central law under Article 252 of the Constitution of India. It represented one of the initial significant measures undertaken by the Indian government to control water pollution at that scale[6].

The Water (Prevention and Control of Pollution) Cess Act, 1977

The Act supports the Water Act, of 1974, by imposing a cess on industrial entities and local government to finance the Pollution Control Boards. It necessitates tracking water consumption and enforces fines for violations, with harsher penalties for non-compliance with pollution regulations. The Act provides rebates to encourage the creation of water treatment plants. Disagreements concerning penalties may be taken to appellate committees and the National Green Tribunal. This legislation seeks to encourage sustainable management of water resources while permitting the Central Government to formulate regulations and exempt certain sectors, enhancing environmental governance[7].

Environmental ( Protection) Act, 1986

This legislation, designed for the comprehensive safeguarding of the environment, also addresses water quality and the regulation of water pollution. In Section 2 (a) of this legislation, the term ‘environment’ is defined to encompass water. The legislation empowers the central government to maintain a high standard of environmental quality. Since the scope of the Act includes water resources, its clauses apply to streams, lakes, rivers, and more, allowing citizens to utilize the mechanisms outlined in the Environment Protection Act. Nevertheless, in the event of a conflict between the Water Act and the Environment Protection Act, the former will take precedence due to its specific nature[8].

Bharatiya Nyaya Sanhita, 2023

According to Chapter XV of BNS, 2023, it addresses ‘Offences concerning public health, safety, convenience, decency, and morals.’ Section 279 states that anyone who deliberately pollutes or taints the water of any public spring or reservoir, making it less suitable for its usual purpose, will face punishment that may include imprisonment for a term of up to six months, a fine of up to five thousand rupees, or both.

Easement Act, 1882

The Act grants specific rights to riparian owners, who are those individuals owning land next to a natural stream or river. According to this provision, every riparian owner has the right to the uninterrupted flow of water in the stream as it exists naturally. This right ensures that the water flows without significant alteration or unreasonable contamination. The law safeguards the natural condition of the stream, making sure that activities upstream do not disturb the natural flow or cleanliness of the water. Any action that damages or unduly pollutes the water, negatively impacting its natural flow or usability for the riparian owner, would constitute a breach of this right.

The River Boards Act, 1956[9]

The Act was designed to create river management systems and manage disputes related to water between states. The primary focus of this Act is the welfare of the public. It enables state governments to form Boards through a special notification. The purpose of this Act is to manage and resolve disputes concerning interstate water usage. Article 262 of the Constitution of India grants the Union the authority to establish and adjudicate interstate water disputes occurring in the nation. This Act facilitates the creation of awards and tribunals to oversee and regulate the ongoing interstate disputes within the country.

Damodar Valley Corporation Prevention of Water Pollution Act, 1948[10]

The Damodar Valley has been one of the most prosperous river basins the nation has known throughout history. To oversee the operations within this valley, the Damodar Valley Corporation was formed. It has the authority to enforce regulations aimed at preventing water pollution, including imposing penalties for violations and taking measures to stop harmful waste from contaminating the water. During the monsoon season, 80 percent of the waste, primarily from mining and industrial activities, is released into this river. With the establishment of this corporation, the area dedicated to agriculture declined from a certain percentage in 1925 to merely 10 percent in 1985. At that time, the mining sector had become essential. The release of waste from these mines into the river resulted in significant water pollution.

The Shore Nuisance Bombay and Kolaba Act, 1853

The goal of this legislation is to assist in the removal of nuisances situated below the high water mark in the Bombay and Kolaba islands.. This legislation was designed to ensure safe navigation in the Bombay harbour while also prioritizing public interest. The Act granted authority to the land revenue collector of Bombay to issue a notice for the removal of nuisances or obstructions found below the high water mark. The process for delivering such notice involves posting it in a noticeable location or in proximity to the obstruction or harbour area affected by high tide. According to this Act, the state has the authority, through a competent official, to eliminate the obstruction if compliance with the notice occurs within one month from the date it was issued. The enforcement of this regulation can be assessed by the imposition of fines for violations related to water pollution.

ROLE OF THE JUDICIARY IN PREVENTING WATER POLLUTION : LANDMARK DECISIONS

In the Narmada Bachao Andolan v. Union of India[11] case, the Supreme Court ruled that the right to clean water is a fundamental right safeguarded by Article 21 of the Indian Constitution. The court emphasized that the right to clean water is critical to the basic human right to life. The government has a duty to take measures to prevent water pollution.

In Subhash Kumar v. State of Bihar[12], the Supreme Court emphasized the importance of protecting and maintaining the natural environment. The scope of Article 21—the right to life—was expanded as the court included the “right to a healthy environment.” In addition, the court remarked, “The Right to Life includes the Right to access clean water and air for an enhanced quality of life.”

The cases concerning pollution of the Ganga have marked a notable milestone in the development of legal standards for controlling water quality. The Kanpur Tanneries case[13]opened a new chapter in efforts to protect the environment from industrial contamination, with the court identifying the main sources of Ganga’s pollution as “urban liquid waste” and “industrial waste surface run-off.” Justice Venkataramaih noted that: “It is the responsibility of industries to manage their own industrial effluents. Although the principle of ‘strict liability’ should be applicable in certain cases, there are circumstances where sewage and treatment plans must also incorporate industrial effluents.” The court ordered tanneries to establish treatment facilities and emphasized that the financial situation of the polluter was not a factor to be considered.

In the Kanpur Municipalities Case[14], the court independently issued a series of directives for the municipality regarding issues such as waste disposal, sewer line installation, and the construction of urinals.

The landmark case of Indian Council for Enviro-Legal Action v. Union of India[15], known as the Bichhiri case, had a profound effect on chemical industries in Rajasthan by tackling the discharge of extremely hazardous effluents and untreated sludge into the environment, which led to the pollution of underground water sources. The court evaluated the respondent’s liability from a unique perspective, thus upholding the validity of the “polluter pays principle” and “absolute liability” in this situation.

Another significant case is the Vellore Tanneries Case[16], in which a public interest litigation was initiated against tanneries in Tamil Nadu that released significant amounts of untreated sludge into the rivers, negatively impacting agricultural fields, wells utilized for farming, and sources of drinking water. In this case, the court recognized the ‘Precautionary Principle,’ reaffirmed the ‘Polluter Pays Principle,’ and imposed penalties on the tanneries.

CONCLUSION

In conclusion, the issue of water pollution remains a significant environmental and public health challenge in India. Numerous factors contribute to this situation. A major cause is the ineffective and weak legislative framework, coupled with a large population and the rapid expansion of industries in the country without an adequate regulatory mechanism in place. Even with a comprehensive set of laws, such as the Water Act of 1974 and the Environment Protection Act of 1986, there are still enforcement gaps that arise from technological, administrative, and jurisdictional obstacles. Judicial interpretations of the right to water as a fundamental right under Article 21 highlight its importance. Nevertheless, successful water conservation requires stricter enforcement, improved pollution monitoring technologies, and strong cooperation between states. Beyond legislative and judicial measures, it is essential to enhance public awareness regarding water pollution. Adequate funding should be allocated for addressing water pollution, and these resources must be utilized effectively.

 

 REFERENCES

[1] S V S Rana, Environmental Pollution : Health and Technology, Second Edition, Narosa Publishing House Pvt. Ltd., 2018

[2] N. Sarubala, et al., Water Pollution in India: Causes, Effects and  Remedies – A Case Study, (2020) Vol 13  Issue No 15 Pg 302-305, Bioscience Biotechnology Research communications

[3] Ibid.,

[4]  Autumn spanne, ‘ what is Thermal Pollution?’ – Causes, Impact and Mitigation,  ( Treehugger, 31 August 2024), <https://www.treehugger.com/what-is-thermal-pollution-5219795 > accessed 19 December 2024

[5] Zeyneb Kilic, ‘ Water Pollution: Causes, Negative Effects and Prevention Methods’ , (2021), 3 (1): 129-132, Istanbul Sabahattin Zaim University Journal of the Institute of Science and Technology , <https://doi.org/10.47769/izufbed.862679>  accessed 19 December 2024

[6] S V S Rana, Environmental Pollution : Health and Technology, Second Edition, Narosa Publishing House Pvt. Ltd., 2018[9?

[7] Dr. Manoj Kumar Sharma,’ Water (Prevention and control of pollution) Cess Act, 1977, (Pathshala) <https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S000014ER/P000283/M025378/ET/1512114322Paper13_module_10_etext.pdf > accessed 20 December 2024

[8] Environment Protection, (Iced) <https://iced.cag.gov.in/?page_id=1053#:~:text=The%20Environment%20(Protection)%20Act%2C%201986%2C%20amended%201991&text=No%20person%20carrying%20on%20an,the%20Environment%20(Protection)%20Rules. > accessed 20 December 2024

[9] Shantanu Pandey, ‘ Laws existing in India to prevent and control water pollution’, (ipleaders, 13 February, 2017), < https://blog.ipleaders.in/laws-existing-india-prevent-control-water-pollution/ > accessed 20 December 2024

[10] Ibid

[11] Shantanu Pandey, ‘ Laws existing in India to prevent and control water pollution’, (ipleaders, 13 February, 2017), < https://blog.ipleaders.in/laws-existing-india-prevent-control-water-pollution/ > accessed 20 December 2024

[12]  AIR 1991 SC 420, at p.424.

[13]  M.C.Mehta v. U.O.I AIR 1988 SC 1037

[14]  M.C.Mehta v. U.O.I. AIR 1988 SC 1115

[15]   AIR 1996 SC 1446.

[16]  Vellore Citizens Welfare Forum v. U.O.I (1996) 5 SCC 647.

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