The Water (Prevention and Control of Pollution) Act: An Overview

When a water resource's natural capacity for regeneration is exceeded by the pollution load, water contamination is said to have happened. It is a very serious issue in India where 70% of surface water sources, such as rivers and lakes, are polluted and where groundwater pollution is alarmingly on the rise. This article seeks to discuss the legislative framework for regulating water pollution in India, including some constitutional provisions as well.

What does the Water Act Define?

To safeguard our water resources, Parliament enacted the Water Act on March 23rd, 1974. The act's main objectives are to prevent, control, and mitigate water pollution as well as to maintain the water's wholesomeness in order to manage water body contamination. The act also grants some authority to recognised organisations like the state board and central board. Among the states and territories covered by the legislation are Assam, Bihar, Madhya Pradesh, Gujarat, Haryana, Tripura, West Bengal, Jammu and Kashmir, Rajasthan, Kerala, and the Union Territories. The Act is divided into 64 sections spread over eight chapters.

Constitutional Essence

After the Stockholm United Nations Conference on Human Environment in 1972, the Indian Constitution was revised to incorporate provisions for environmental preservation. It is a fundamental duty to maintain and improve the natural environment. The right to a healthy environment stems from article 21 as our fundamental right, and article 48A directs the state to conserve and develop the environment as well as preserve forests and wildlife. The passage of the water legislation was made much more significant by all these constitutional requirements.

Definition of Pollution

Section 2(e)of the Act defines pollution as any contamination of water or alteration of the physical, chemical, or biological properties of water or disposing of any sewage in water which makes it harmful for public health or safety or is harmful for animals and aquatic plants.

The Central Pollution Control Board

Section 3 provides for the constitution of a Central Pollution Control Board by the Central Government.

The board consists of

• A chairman,

• Five officials to represent central government,

• Five members nominated by central government from the state board,

• Three members to represent the interests of fisheries or agriculture,

• Two people to represent government companies, and

• A full-time secretary.

Section 16 lays down the functions the Central Board, which are −

• Advise the Central Government on matters of water pollution.

• Coordination of State Board activities and resolution of disputes

• We provide technical assistance and guidance to state boards.

• Raising awareness about water pollution prevention and control.

• Lay down, modify or annul the standards for a stream or well.

• We collect, compile, and publish technical and statistical data relating to water pollution.

The State Pollution Control Board

Section 4 of the Act provides for the constitution of a State Pollution Control Board consisting of

• A chairman,

• 5 Members to represent the government,

• 2 Persons who are members of local authorities,

• 3 Persons to represent the interests of fisheries and agriculture, and

• 2 Persons representing state-owned companies, and

• A secretary.

Section 17 governs the functions performed by the State Board. The State Board performs similar functions to the Central Board in their respective territories.

As per Section 19 and 20, State Boards have power to limit the territorial jurisdiction of any order passed by them relating to water pollution. The State Board has the power to inspect land, conduct surveys, or gauge in an area for the purpose of preventing water pollution. Sections 21 to 27 provide for other powers that a State Board may exercise for the prevention and control of water pollution.

Joint Board

Section 14 provides for the setting up of a Joint Board when an agreement has been entered into between two state governments or between the Central Government and a Union Territory. The Joint Board has its composition in accordance with Section 14 of the Act.

Appeals and Revisions

Any person aggrieved by the decision of the State Board may prefer an appeal to the concerned appellate authority established by the State Government within thirty days of the communication of the decision of the State Board. The Appellate Authority may consist of a maximum of three people.

Section 29 of the Act provides that the State Government may call for records of any case at any time where an order has been passed by the State Board under Sections 25 to 27. This is for the purpose of satisfying itself of the legality or propriety of such order.

Penalties

The Act provides for severe punishments for violations of the provisions of the Act. Anyone who violates the provisions is liable for imprisonment and a fine under Sections 41 to 50 of the Act.

Conclusion

In India, water pollution is a major issue. The fundamental right to life protected by the Indian Constitution now includes the right to an environment free of water pollution. The statutory framework governing water pollution includes provisions of municipal laws and public nuisance-related provisions in civil and criminal laws, in addition to a specific law to prevent and control water pollution and the Environment Protection Act. There are varied legal principles which regulate the issue of water pollution. In addition to this, the Apex Court is now all the more alert about the menace of water pollution and is playing a proactive role in controlling it with its decisions and guidelines.

This legal framework would be become even more effective and efficient when the individuals and industries will try to preserve the water resources at a personal level, rather than putting the entire burden on the legal functionaries. These initiatives will further go on to make a change in the society.

Frequently Asked Questions

Q1. What provisions of the Environment Protection Act, 1986 relate to water pollution?

Ans: While the Environment (Protection) Act, 1986 (the "Environment Act"), which provides for environmental protection and improvement, applies to several types of environmental pollution, including water pollution, the Water Act only particularly addresses water pollution.

In accordance with the Environment Act, the Central Government (through the Ministry of Environment and Forests) has been given the authority to establish standards for environmental quality and for the emission or discharge of environmental pollutants from a variety of sources with consideration for their quality or composition. A number of notices from the Central Government have also been released that are pertinent to the prevention and management of water pollution.

Q2. What are the limitations of the Water Act?

Ans: Follo wing are the major limitations −

• Poor implementation and monitoring by SPCB due to:

• SPCB's inability to take action against defaulters and polluters as a result of its limited financial, human, and technical resources.

• Absence of will

• Corruption

• Multiple duties of SPCBs (under the Air (Prevention and Control of Pollution) Act of 1981 and the Water Act).

• Poor infrastructure and frequency of monitoring

• Due to low quantum of punishment and fine, the legal provisions fail to have a deterrent effect.

• Lack of adequate criteria that does not preclude the occurrence of water pollution notwithstanding compliance.

Q3. What are the provisions in Indian Penal Code for pollution?

Ans: According to Section 277 of the Indian Penal Code, 1860, it is unlawful to voluntarily corrupt or pollute any public spring or reservoir's water in order to make it unfit for the ordinary use to which it is put.

Q4. Which provision of Criminal Procedure Code talks about public nuisance relating to water pollution?

Ans: A swift and summary remedy is offered under section 133 of the Code of Criminal Procedure, 1973 in cases where "any unlawful obstacle or nuisance should be removed from any public place or from any way, river, or channel which is or may be lawfully utilised by the public."