India's Water Pollution Act: Implementation And Impact

The Water (Prevention and Control of Pollution) Act was implemented in India in 1974. The Act was introduced to prevent and control water pollution and to restore and maintain the wholesomeness of water. It establishes the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to prevent and control water pollution. The Act has been amended several times, including in 1978 and 1988, and most recently in 2024, to address shortcomings and adapt regulatory frameworks to contemporary needs.

The Water (Prevention and Control of Pollution) Act, 1974

The Act establishes the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to prevent and control water pollution. The CPCB, constituted under the Act in 1974, functions under the Ministry of Environment, Forest and Climate Change (MoEFCC) and works in coordination with the SPCBs and other agencies. The CPCB and SPCBs are responsible for advising the Central and State Governments, respectively, on matters related to water pollution prevention and control.

One of the key functions of the CPCB is to coordinate the activities of the SPCBs and resolve disputes among them. It also provides technical assistance, guidance, and training to the SPCBs. The SPCBs play a crucial role in issuing directions to restrain activities that lead to the discharge of noxious or polluting matter into water bodies. They also set standards for polluting matter in water, with violations resulting in penalties or imprisonment under the original Act.

The Act defines "pollution" as any contamination of water or alteration of its physical, chemical, or biological properties, including the discharge of sewage waste, that is likely to cause a nuisance or harm to public health, safety, or the environment. It also covers watercourses, inland waters, subterranean waters, and sea or tidal waters.

The Water (Prevention and Control of Pollution) Amendment Bill, 2024, seeks to amend the original Act to address certain shortcomings and adapt to contemporary needs. It focuses on decriminalising minor offences, imposing penalties instead, and exempting specific industrial plants from certain restrictions. The Bill also grants the central government more authority in appointing chairpersons of SPCBs and issuing directives related to industry consents.

The Central Pollution Control Board (CPCB)

The Water (Prevention and Control of Pollution) Act, 1974, has been a cornerstone of India's environmental legislation, aiming to ensure the sustainable management of water resources. The Act established the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs).

The CPCB, a statutory organisation, was constituted in September 1974 under the Water Act, 1974, and was further empowered with functions under the Air (Prevention and Control of Pollution) Act, 1981. It operates under the Ministry of Environment, Forest and Climate Change (MoEFCC).

The CPCB's main function is to promote the cleanliness of streams and wells in different areas of the States. To achieve this, the CPCB may advise the Central Government on matters concerning the prevention and control of water pollution, coordinate the activities of the SPCBs, provide technical assistance and guidance to the SPCBs, and carry out investigations and research relating to water pollution prevention and control. The CPCB also plays a role in generating relevant data, providing scientific information, and rendering technical inputs for the formation of national policies and programs.

The CPCB has approximately 500 full-time employees, including engineers, scientists, and environmental protection specialists. It has its head office in New Delhi, with nine regional directorates and one project office. The CPCB conducts environmental assessments and research, maintains monitoring data for water and air quality, and advises the Central Government and the Governments of Union Territories on preventing and controlling water and air pollution.

The CPCB has the responsibility to regulate and control noise-producing sources to maintain ambient air quality standards. It also manages environmental data statistics, including air and water quality data.

It is important to note that the CPCB has recently faced issues with impersonation, where false postings have been made claiming to be officers or employees of the CPCB, entering industrial, operational, or construction sites to check and monitor pollution. The CPCB has advised industries, agencies, and the general public to report such incidents to the Chief Vigilance Officer.

State Pollution Control Boards (SPCBs)

The Water (Prevention and Control of Pollution) Act, 1974, has been a cornerstone of India's environmental legislation, ensuring sustainable water resource management. The Act establishes the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to prevent and control water pollution.

The SPCBs are responsible for issuing directives to immediately stop any activity leading to the discharge of noxious or polluting matter into water bodies. They set standards for polluting matter in water bodies and on land, with violations resulting in imprisonment and fines. The SPCBs also provide prior consent for establishing industries or treatment plants that may discharge sewage.

The Water Act grants the central government the authority to guide the nomination of SPCB chairpersons and issue directives regarding industry-related consents. It ensures fair appointments by mandating specific qualifications and experience. The Act also defines the role of the "occupier" in relation to any factory or premises, as the person who controls its affairs.

The SPCBs function under the Ministry of Environment, Forest and Climate Change (MoEFCC) and coordinate with other agencies. They advise the Central Government on water pollution prevention, coordinate with and resolve disputes among State Boards, and provide technical assistance and guidance.

The recent Water (Prevention and Control of Pollution) Amendment Bill, 2024, seeks to address shortcomings and adapt regulatory frameworks. It decriminalises minor offences, imposing penalties instead, and empowers the central government to exempt specific industrial plants from restrictions.

Amendments to the Act in 1978 and 1988

The Water (Prevention and Control of Pollution) Act, 1974, has been a cornerstone of India's environmental legislation, aiming to ensure the sustainable management of water resources. The Act establishes the Central and State Pollution Control Boards (CPCB and SPCBs) to prevent and control water pollution.

The Act was amended in 1978 and 1988 to address ambiguities and enhance the powers of the Pollution Control Board. These amendments introduced several significant changes:

• Prior consent from the State Pollution Control Boards became mandatory for establishing any industry or local body that discharges domestic sewage or trade effluent into water bodies, streams, wells, sewers, or land.
• The State Board could either grant consent with specific conditions and validity dates or refuse consent, providing written reasons for the refusal.
• The 1988 amendments modified Section 49, empowering citizens to take legal action under the Water Act. State Boards were required to make relevant reports available to complaining citizens, unless it was deemed detrimental to "public interest".
• The amendments introduced more stringent penalties under Section 41 for non-compliance with court orders (Section 33) or directions from the Board (Section 33A). Penalties included imprisonment terms ranging from a minimum of three months to a maximum of seven years, along with fines ranging from Rs. 1,000 to Rs. 10,000.
• The liability for violations committed by companies was extended to certain corporate employees, officials, and heads of government departments (Sections 47-48).
• The 1988 amendments were pursued in alignment with the Stockholm Declaration, which emphasised the protection and improvement of the environment under Article 48A and Article 51A of the Indian Constitution.

These amendments to the Water (Prevention and Control of Pollution) Act in 1978 and 1988 reflected India's commitment to strengthening its environmental legislation and empowering citizens to take action against water pollution.

The Water (Prevention and Control of Pollution) Amendment Bill, 2024

The Water (Prevention and Control of Pollution) Act was first enacted in 1974 to ensure the sustainable management of water resources in India. The Act established the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to prevent and control water pollution. The CPCB was constituted under the Ministry of Environment, Forest and Climate Change (MoEFCC) and was responsible for coordinating with the SPCBs and other agencies.

Over the years, the Act has undergone several amendments to address shortcomings and adapt to contemporary needs. The Water (Prevention and Control of Pollution) Amendment Bill, 2024, is one such amendment that seeks to further enhance the regulatory framework and address certain issues.

The 2024 Amendment Bill was introduced in the Rajya Sabha on February 5, 2024, and has been the subject of discussion and debate. This Bill focuses on several key areas. Firstly, it aims to decriminalise minor offences related to water pollution, replacing imprisonment with monetary penalties to alleviate fears of harsh punishment for technical or procedural lapses. The penalties are designed to be proportional to the severity of the offence, promoting compliance without overly burdening stakeholders.

Secondly, the Bill empowers the central government to exempt specific categories of industrial plants from certain statutory restrictions, such as those related to the establishment of new outlets and discharges. This provision aims to streamline regulatory processes, reduce duplication of efforts, and alleviate unnecessary burdens on regulatory agencies, thereby enhancing efficiency.

Thirdly, the Bill introduces measures to enhance regulatory oversight and standardisation across states. It grants the central government the authority to prescribe guidelines for the nomination of chairpersons of State Pollution Control Boards, ensuring fair appointments through mandatory qualifications and procedures. The central government can also issue directives regarding the grant, refusal, or cancellation of industry-related consents.

Critics of the Bill argue that it centralises power and goes against the principle of federalism. They raise concerns about the potential impact on transparency in dealing with water pollution issues, suggesting that relaxing certain regulations might compromise the accountability of industries and regulatory agencies.

The 2024 Amendment Bill, which initially applies to Himachal Pradesh, Rajasthan, and the union territories, with other states having the option to extend its applicability, represents an ongoing effort by the Indian government to adapt and improve its environmental legislation to effectively address the challenges of water pollution and sustainable water resource management.

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