Published on 8th April 2025
Authored By: Pratyush Pathak
Shambhunath Institute of Law
Introduction
Water pollution is one of the most serious environmental concerns in India. With growing urbanization, industrial activities, and agricultural practices, the quality of water in the country has deteriorated significantly. The importance of clean water for human health, biodiversity, and the environment, India has established a legal framework for regulating and managing water pollution. This article critically examines the laws and regulations governing water pollution in India, focusing on key legislative measures, their implementation, challenges faced, and the role of the judiciary in ensuring compliance with environmental protection laws.
Constitution and Water Pollution
India’s Constitution provides the foundation for environmental protection, including measures against water pollution.
Article 48A of the Constitution mandates the state to protect and improve the environment, including forests and wildlife. This provision is crucial for setting the stage for water pollution regulation, which falls under broader environmental protection.
Article 51A imposes a fundamental duty on Indian citizens to protect and improve the natural environment, including water resources. While these provisions are not directly related to water pollution, they provide the constitutional basis for enacting laws and the state’s responsibility to take proactive steps toward water conservation and pollution control.
The Supreme Court of India has played a crucial role in interpreting these provisions. Through public interest litigation (PIL), the judiciary has emphasized the right to a clean and healthy environment as a fundamental right under Article 21, which guarantees the right to life and personal liberty. In cases like M.C. Mehta v. Union of India, the court has made significant pronouncements about water pollution, the protection of water bodies, and the enforcement of environmental laws.
Legislation to Govern Water Pollution in India
The Water (Prevention and Control of Pollution) Act, 1974
The Water (Prevention and Control of Pollution) Act, 1974 is the cornerstone of water pollution regulation in India. This Act was enacted to prevent and control water pollution and maintain or restore the wholesomeness of water.
Section 3 empowers the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to set standards for the quality of water.
Section 17 grants the CPCB the authority to intervene in any matter relating to the prevention or control of water pollution.
Section 25 prohibits the discharge of pollutants into water bodies without obtaining consent from the relevant pollution control authority.
The Act provides for penalties for those who violate its provisions. Under Section 42, any person who discharges pollutants without consent is liable for punishment, which may include imprisonment for up to six years and a fine. The Act empowers authorities to take action against industries and individuals responsible for polluting water sources.
The Environment Protection Act, 1986
The Environment Protection Act, 1986 is another key piece of legislation designed to address environmental protection more broadly, including water pollution. It allows the central government to set specific environmental standards for water quality and regulate the discharge of pollutants.
Section 3(2) empowers the government to take measures to protect and improve the quality of the environment, including water.
Section 5 grants the government the authority to issue directions to prevent water pollution.
The Act also provides the framework for issuing guidelines on waste management and pollution control in various sectors, ensuring a more comprehensive approach to the environmental issues, including water quality.
The National Green Tribunal Act, 2010
The National Green Tribunal Act, 2010 established the National Green Tribunal (NGT), a specialized body to handle environmental disputes, including those related to water pollution.
Section 14 grants the NGT jurisdiction over cases related to water pollution.
The tribunal has the power to order compensation, remedial measures, and issue directions for restoring polluted water bodies.
The establishment of the NGT has significantly strengthened the enforcement of water pollution laws, as it provides a speedy and accessible platform for resolving water pollution cases. The tribunal has often ruled in favor of stricter regulatory measures for industries and municipalities that contribute to water pollution.
The Indian Penal Code, 1860
In addition to the specific environmental laws, the Indian Penal Code (IPC), 1860, contains provisions relevant to water pollution. For instance:
Section 277 criminalizes the act of fouling water with the intent to harm public health.
Section 278 penalizes individuals who allow the fouling of water bodies.
While the IPC does not clearly address the complexities of modern industrial pollution, it provides a general legal framework for criminal actions related to polluting water sources.
Regulatory Authorities and Implementation
India’s regulatory framework for water pollution is enforced by several bodies at both the central and state levels.
Central Pollution Control Board (CPCB)
The Central Pollution Control Board (CPCB), established under the Water (Prevention and Control of Pollution) Act, 1974, plays a key role in regulating water quality. It is responsible for setting standards for water pollution control, monitoring compliance, and advising the government on policy matters related to pollution control. The CPCB also works closely with State Pollution Control Boards (SPCBs) to coordinate efforts in controlling water pollution.
State Pollution Control Boards (SPCBs):
Each state in India has its own State Pollution Control Board (SPCB) that is tasked with the implementation of water pollution laws at the regional level. These boards are responsible for granting consent to industries to discharge pollutants, monitoring the water quality, and taking enforcement actions where required. However, the effectiveness of SPCBs often depends on their capacity, political will, and cooperation with local authorities.
National Green Tribunal (NGT)
As previously mentioned, the NGT has been instrumental in ensuring compliance with environmental laws related to water pollution. The tribunal has been empowered to pass orders, grant compensation, and impose penalties for water pollution violations. It acts as an efficient and specialized forum for adjudicating cases involving water pollution, providing an alternative to traditional courts. Despite these institutional structures, the implementation of water pollution laws in India faces significant challenges such as inadequate infrastructure, corruption, and a lack of awareness among the public and industries.
Challenges and Future Directions
Despite the strong legal framework in place, water pollution in India continues to be a major problem. Key challenges include:
Industrial Growth: Rapid industrialization, particularly in urban and peri-urban areas, has led to a significant increase in water pollution due to untreated industrial waste being released into rivers and lakes.
Agricultural Runoff: The use of chemical fertilizers and pesticides in agriculture contributes significantly to water contamination. Regulating agricultural runoff remains a difficult task due to the large number of stakeholders involved.
Weak Enforcement: While there are laws in place, enforcement remains weak due to inadequate infrastructure, lack of political will, and insufficient penalties for violators.
Public Awareness: There is a general lack of awareness among the public about the consequences of water pollution, which makes community-based initiatives for water conservation less effective.
Future steps: India’s water pollution laws need to be strengthened through more stringent enforcement, public-private partnerships for treatment of industrial effluents, and greater investment in infrastructure. Additionally, educating the public on the importance of water conservation and pollution control is essential for ensuring the success of these laws.
Conclusion
India’s legal framework for regulating water pollution has evolved over the decades, with significant legislative measures in place. However, the effectiveness of these laws largely depends on proper enforcement, public participation, and increased investment in pollution control infrastructure. As India continues to face growing environmental challenges, it is compulsory that both legal mechanisms and public awareness are enhanced to protect water resources for future generations.
References
Water (Prevention and Control of Pollution) Act 1974
The Environment Protection Act 1986
National Green Tribunal Act 2010
M.C. Mehta v Union of India (1997)
Indian Penal Code 1860
