15. Water Pollution

• The issue of water pollution in India is both legally regulated and socially significant, reflecting deep links between legislation, environmental degradation, and public health.

Water (Prevention and Control of Pollution) Act, 1974

1. The Water (Prevention and Control of Pollution) Act, 1974 is a comprehensive legislation enacted to prevent and control water pollution and to maintain the wholesomeness of water in India.
2. It was the first major environmental law enacted based on resolutions by state legislatures under Article 252 of the Indian Constitution.
3. The Act also led to the establishment of two statutory authorities: the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs).
4. The preamble of the Act emphasizes the need to safeguard water bodies from contamination caused by sewage, trade effluents, and industrial discharges.
5. Section 2(e) defines water pollution broadly to include any direct or indirect alteration in the physical, chemical, or biological properties of water harmful to humans, animals, or aquatic life.

Main Provisions of the Water Act, 1974

1. Establishment of Pollution Control Boards

• The Act provides for the creation of CPCB at the national level and SPCBs at the state level.
• These bodies are empowered to advise, monitor, and enforce measures for the prevention and control of water pollution.

2. Prohibition on Pollution (Sections 24–26)

• Section 24 prohibits the use of streams or wells for the disposal of any poisonous, noxious, or polluting matter.
• Section 25 makes it mandatory for industries to obtain consent to establish and consent to operate before discharging effluents into water bodies.

3. Power of Entry and Inspection (Section 23)

• Authorized officers can enter and inspect any place, take samples, and examine records to verify compliance.

4. Consent Mechanism

• Existing and new industries must seek prior approval from the State Board before establishing discharge outlets.

5. Emergency Measures (Section 32)

• If there is a serious threat of pollution, State Boards can take immediate remedial actions and recover costs from the polluter.

6. Penal Provisions (Sections 41–45A)

• The Act prescribes imprisonment for up to six years with fines for violations of provisions such as unauthorized discharges or non-compliance with the Board’s directions.

7. Appeal and Revision (Sections 28–29)

• A person aggrieved by an order of the State Board can appeal to an appellate authority constituted by the State Government.

8. Funds, Budget, and Audit (Chapter VI)

• The Act ensures financial accountability by mandating regular audits, budget preparation, and fund maintenance for CPCB and SPCBs.

Ganga Pollution Case (M.C. Mehta vs Union of India, 1986)

1. This landmark judgment by the Supreme Court was initiated by environmental activist M.C. Mehta through a Public Interest Litigation under Article 32 of the Constitution.
2. The case highlighted the severe pollution of the Ganga River, primarily due to untreated industrial discharges, leather tanneries, and municipal effluents in Kanpur and other cities.
3. The petition sought the closure and relocation of tanneries discharging toxic effluents into the Ganga and the establishment of effluent treatment plants (ETPs).
4. The Supreme Court held that the failure of industries and municipal authorities to prevent pollution violated Article 21 (Right to Life) of the Constitution, which includes the right to a clean and healthy environment.
5. The Court directed the closure of polluting tanneries that did not implement ETPs and ordered the Kanpur Municipal Corporation to establish treatment systems for domestic sewage.
6. The Ganga Pollution Case laid the foundation for future environmental jurisprudence in India, leading to the launch of major initiatives such as the Ganga Action Plan (1986) and later, the National Mission for Clean Ganga (NMCG).

Water Pollution: Definition and Causes

1. Water Pollution is defined as any unfavourable change in the physical, chemical, or biological properties of water, rendering it unsafe for use or life.
2. In India, untreated sewage is the largest source of water pollution, accounting for nearly 70% of all contamination in rivers and lakes.
3. Industrial waste from chemical, textile, paper, and leather industries contributes significantly to toxic pollution in rivers such as the Ganga, Yamuna, and Godavari.
4. Agricultural runoff rich in fertilizers and pesticides introduces nitrates and phosphates into water bodies, causing eutrophication.
5. Urbanization and solid waste dumping increase the presence of plastics and micropollutants, which choke drainage channels and aquatic species.

Effects of Water Pollution

1. Health Impacts:

• Polluted water leads to widespread waterborne diseases such as cholera, typhoid, hepatitis, and diarrhoea.
• Between 2017 and 2022, India recorded over 10,000 deaths linked to waterborne diseases annually.

2. Environmental Impacts:

• Polluted rivers suffer from biodiversity loss, depletion of oxygen levels, and fish mortality.
• Heavy metals like lead and mercury accumulate in aquatic organisms through bio-magnification.

3. Economic Impacts:

• Declining water quality affects agriculture, leading to reduced crop yields and soil toxicity.
• Water pollution costs the Indian economy an estimated USD 80 billion annually, reducing GDP growth significantly.

4. Social and Cultural Impacts:

• Rivers like the Ganga hold immense cultural importance; their pollution damages religious practices and tourism.

Functions of the State Pollution Control Board

Under Section 17 of the Water Act, 1974, the functions of the State Board include administrative, technical, advisory, and educational responsibilities :

1. Planning and Advice:

• Advise the State Government on all matters concerning water pollution prevention and propose suitable policy measures.

2. Coordination and Implementation:

• Coordinate with the Central Board to implement preventive programs and ensure inter-state cooperation in controlling pollution.

3. Monitoring and Inspection:

• Inspect sewage treatment plants, industries, and effluent discharge systems.
• Analyze samples and maintain data regarding water quality.

4. Standard Setting:

• Lay down and revise standards for the permissible limits of pollutants in sewage and industrial effluents.

5. Public Awareness and Training:

• Conduct training programs and educational campaigns for public participation and industry compliance.

6. Research and Development:

• Develop cost-effective techniques for sewage and effluent treatment considering regional conditions like soil and climate.

7. Emergency Actions:

• Take immediate remedial measures when pollution levels threaten public health or ecosystems.

8. Advisory Responsibilities:

• Recommend suitable locations for industries to avoid water contamination.

9. Data Collection:

• Gather and disseminate environmental information and publish reports on pollution trends.

Measures to Control Water Pollution in India

1. Launch of flagship schemes such as Namami Gange, Atal Mission for Rejuvenation and Urban Transformation (AMRUT), and Swachh Bharat Mission aimed at improving wastewater treatment.
2. Strengthening of monitoring networks under the CPCB and SPCBs to detect and respond to water quality deterioration.
3. Promotion of Zero Liquid Discharge (ZLD) technologies in industries and community-level wastewater recycling units.
4. Increasing penalties and stricter enforcement of effluent discharge norms.

Conclusion

• Water pollution poses one of the gravest threats to environmental and human health in India.
• The Water (Prevention and Control of Pollution) Act, 1974 serves as the cornerstone of India’s legal response, empowering the Central and State Boards to regulate and mitigate threats.
• Judicial interventions, especially the M.C. Mehta Ganga Pollution Case, have reinforced the constitutional duty to protect natural resources.
• Yet, compliance remains inconsistent, requiring integrated approaches combining governance, technology, and civic awareness to achieve the vision of a pollution-free water future.

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