Published on 29th April 2025
Authored By: Khushi Saroj
Ipem Law Academy
Abstract
Water Pollution is a very huge problem and its directly related with our life because water is a Important Source of our life because water is a Important source of our life and sometimes we don’t know about purity of water and how much level of water wasted and also we don’t know various water pollution types or also related laws about water pollution
Laws making process and why we do water pollute in clean water, river, lake, ocean, pond etc. and how to Implement that laws and what are prevention for water Pollution. In this article you can grow your knowledge about solve your more queries and water pollution is very attentive topic and also discussed related laws with their punishments. Water pollution is not a only small area problem probably it’s a huge trending topic of our nation.
Introduction
Firstly, discussion about Intro of water pollution is a major concern as it is directly relate with our health and wealth of the nation. It is the discharge of pollution indirectly and directly in water bodies and water pollution effects our environment like, Death of a aquatic organisms, river are changed into dustbin, shortage of drinking of water, increase in BOD (biochemical oxygen demand), Agriculture, sewage system, acid rain, domestic waste, Aquatic plants, Global warming etc. Water pollution is the chemical or biological change in quality of water mainly due to the presence of water and harmful particles in water. It is a very serious environmental issue and even we neglect this issue so, we can suffer from severe diseases and the release of substances into bodies of water that makes water unsafe for human use and disrupts aquatic ecosystems. The water (prevention and control of pollution) Act was enacted in 1974 to provide for the prevention and control of water pollution, and for the maintaining or restoring of whole of water in the country and this act was amended in 1988. The water (Prevention and control of pollution) Cess Act, 1977 (Cess is used to fund the state and central boards that prevent and control water pollution). The water (prevention and control of pollution) amendment bill, 2024 (recent bill) the bill gives the state pollution control board (SPCB) the power to immediately stop any activity that is discharging polluting matters into water bodies. The bill also prohibits the violation of standard sets by the SPCB and makes it punishable with a fine and Imprisonment term of up to six years. Pradhan Mantri JI-VAN Yojana initiative was launched by the government to promote the production of bioethanol from renewable feedstocks and agricultural waste goal is to reduce environmental pollution and provide an alternative to fossil fuels.
Types of water Pollution
- Groundwater pollution
- Sewage
- Industrial waste
- Chemical pollution
- Agricultural
- Surface water pollution
- Oil spill
- Oxygen deplete
- Marine dumpings
- Nonpoint source
- Solid waste
- Global warming
- Thermal pollution
*Ground water Pollution- Sewage disposal and Pesticide and fertilizers, Include animal manure are the main sources of ground water pollution.
*Sewage- Sewage water pollution is that human waste and other materials, Bacteria, viruses, heavy metal, chemicals into waterways, and this pollution can harm the health of plants and wildlife.
*Industrial Waste- is main source of water pollution; biodegradable compounds, heavy metal, oil Pollution, organic pollution, suspended solids etc.
*Chemical pollution- Pesticide, oil spills, microbiological, thermal, oxygen-depletion, septic tanks, farming, industrial work (metals, solvent etc.), underground storage tank (leaking fuel), herbicides.
*Agricultural and much pollution related to water pollution.
Water Pollution laws in India
India has a number of laws to prevent and control water pollution:-
# The water (prevention and control of pollution) Act, 1974
# The water (prevention and control of pollution) Cess Act, 1977
# The water (prevention and control of pollution) Amendment bill, 2024 Recent
The Water (prevention and control of pollution) Act, 1974
Act was Introduced and Included into the constitution of India
* Act was passed in pursuance of clause (1) of article 252 of the constitution
Features of the Act
*It provide for maintaining and restoring the wholesomeness of water by preventing and controlling pollution
* The Act aim to prevent, controls, and removes water pollution and also aims to restore the quality of a groundwater and surface water.
*The Act establishment central and state pollution control boards (CPCB and SPCBs)central pollution control board, state pollution control board, CPCB and SPCB are given the power to advise, coordinate and provide technical assistance.
*The act requires Industries and local bodies to obtain consent from the state pollution control boards.
*Board has the power to collect water samples, regulate effluent discharge.
* The Act established the CPCB as a statutory organization in September 1974.
* The Act established the SPCB as a statutory organization in March 1974.
* The Act has provisions for funds, budgets, accounts, and audit of the central and state pollution.
The water (prevention and control of pollution) Cess Act, 1977
The cess act 1977 is a law that requires the collection of a cess on water used by certain Industries, local authorities and for domestic purposes. The cess is used to fund the central and state boards that are responsible for preventing and controlling water pollution.
Features of the Act
*cess levy– Act mandates that industries listed in schedule 1 and local authorities must pay a cess on the water consume
*meter Installation– To accurately calculate water usage, industries and local authorities are required to install prescribed standard water meters
* Return filling– Regular submission of returns detailing the amount of water consumed is mandatory.
*Centralized fund– The collection cess is credited to the consolidated fund of India and then distributed by the central government to the state pollution control boards based on their water pollution control needs.
* Enforcement powers– The act provides authority to relevant officials to inspect premises, verify water, usage.
The Water (prevention and control of pollution) Amendment bill, 2024
Introduced by Rajya Sabha Feb. 5, 2024
It amends the water (prevention and control of pollution) Act, 1974. the bill legitimate several violations and instead imposes penalties and It will initially apply to Himachal Pradesh, Rajasthan, and the union territories. other state may pass resolutions to extend its applicability to their states.
CPCB (Central Pollution Control Board)
Introduction- The central pollution control board is a statutory organization in India that was established in September 1974 to prevent and control water and air pollution.
Functions of the C.P.C.B.
- Advise the Government- CPCB advises the central government on air and water pollution
- Planning programs- CPCB plans and organize programs to prevent control and reduce water and also air pollution.
- Training- CPCB offers training and spread awareness
- Hazard waste management- The CPCB manages hazardous waste.
- Encourage environmental responsibility- The CPCB provides information to help consumers make environmentally responsible purchasing decisions.
- Research and development- The CPCB conducts research and manages laboratories.
Objective of the C.P.C.B.
- Prevention and control of pollution
- Afforestation and regeneration of degraded areas
- Save the welfare of animals
- Conservation and survey of flora, fauna, forests and wildlife
- Protection of the environment
- SPCB are guided and technically assisted by CPCB
- Organize comprehensive programs on pollution
SPCB (State pollution Control Board)
Introduction– SPCB is a statutory organization that is responsible for Implementing environmental laws and rules at the state level. Implementing environmental laws and rules, such as the water (Prevention and Control of pollution) Act, 1974
SPCB related states are Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu and Telangana.
These are the states SPCB related states apply this (The water prevention and control of pollution) Act, 1974
Functions of the S.P.C.B.
- To plan a comprehensive programs for prevention, control or abatement of pollution in the State
- Advise the State govt. related to control and prevention of water Pollution
- Conduct or encourage participation in Research relating to prevention control of Pollution
- Method of Utilization evolve in disposal of sewage
- Establish or recognize laboratories to enable board perform all functions
- Dk Joshi Vs State of U.P. (1999)9 SCC 578. Supreme Court directed the state to setup a monitoring committee to observe. The functioning of government agencies Responsible for prevention and control of water pollution.
- State of M.P. Vs. Kedia Leather & Liquor Ltd.(2001) supreme court condemned the negligent attitude of SPCB in discharging its statutory function, than no purpose would be served in maintaining such statutory boards.
How to Regulate Water Pollution laws in India
Water pollution is primarily regulated by the Water (prevention and Control of Pollution) Act, 1974 that establish a system where the central pollution control board (CPCB) at the National level and State Pollution control board (SPCB) at the State level set standards for effluent discharge, monitor compliance and take action against violators, essentially requiring Industries and individuals to obtain consent before discharging waste into water bodies.
Industries and Individuals discharging effluents into water bodies must prior consent form the respective SPCB, board have the authority to conduct inspections, collect samples, issue notices, impose penalties, and initial criminal prosecution against violators and about interference of public in board so, citizens can file complaints with the SPCB regarding water pollution concern in their area.
Challenges in regulating
Implementation Gaps; despite the robust legal framework, enforcement often faces challenges due to inadequate manpower, corruption, lack of awareness among the public.
Industrial non-compliance; some industries may not comply with discharge standards, leading to significant water pollution
Agricultural; Excessive use of pesticides and fertilizers in agricultural can lead to water pollution in nearby water bodies.
Urban sewage discharge; improper sewage treatment and disposal from urban areas significant contribute to water pollution.
Potential Improvement: – Strength enforcing; Increase the capacity of pollution control boards, regular monitoring and strict penalties for violations.
Public awareness campaigns: Educating the public about the importance of water conservation and responsible waste disposal.
Technology adoption; Promoting the use of advanced water treatment technologies in Industries.
Conclusion
India’s Water laws are unavoidable and split with a patchwork of legislation across different states, often leading to inconsistencies and inadequate protection of water rights, particularly for marginalized communities. While India has enacted laws like the water (prevention and control of pollution) Act, 1974 to address water pollution, the issue remains significant due to poor implementation, Inadequate awareness, and a lack of stringent enforcement, highlighting the need for strict regulations, increased public participation and robust monitoring mechanisms to effectively combat water pollution in the country, the reality is that water pollution persists due to challenges in enforcement and a need for comprehensive awareness. Water pollution can render freshwater sources unusable, reducing the availability of clean water for drinking, irrigation and industrial use. Water pollution laws can handle perfectly water pollution and under water Act, 1974 sewage or pollutants cannot be discharged into water bodies including lakes, so we can do unnecessary usage of water must be stopped at once because water pollution is a major problem affecting human health and the environment worldwide and upcoming laws The water (prevention and control of pollution) Amendment bill, 2024 may be enforce as a water laws. Constitutional
Right to clean water recognized under Article 21 of the Indian constitution, which guarantees the right to life. Increased monitoring, stricter penalties for violators and raise awareness about water conservation and responsible waste management and about cess act 1977 provide a levy and collection of a cess on water consumed by industries and local authorities. Generating funds to support the central and state pollution control boards in their efforts to prevent and control water pollution. I discussed Related Water pollution laws and their furtherance laws also and gave efforts to inform you about laws or Prevention of water pollution and I hope I can totally satisfied you about knowledge of water pollution laws and their control boards.
