ANALYSIS OF THE LEGAL FRAMEWORK FOR

CONTROLLING WATER POLLUTION IN INDIA

BY: SHAURYA OLAKH (A3221520096)

ABHIN BEHL (A3221520085)
BBA LLB (H)
SECTION: B

INTRODUCTION

Water pollution is a critical environmental issue affecting India, threatening human health,
ecosystems, and economic development. This research paper provides an in-depth analysis of
the legal framework governing water pollution control in India. It explores the key
legislation, enforcement mechanisms, challenges, and recommendations for improving water
quality management in the country. Access to a healthy environment is considered to be the
prime concern of the state. Water is considered to be a very precious resource possessed by
the country. Pollution of water is one of the severe issues which are being faced by the
country in the current scenario. Various laws and policies are being framed to control the
pollution of water through numerous ways. Herein discussed are some of the Indian laws
which are being passed by the parliament of the country to monitor the pollution of water in
the country. Water pollution is a pressing environmental issue globally, with significant
implications for public health, biodiversity, and socioeconomic development. In India, water
pollution poses a critical challenge, driven by industrialization, urbanization, agricultural
practices, and inadequate waste management systems. Without a doubt, pollution is the
biggest threat to Mother Earth and the planet's flora and fauna in the modern world. This
pollution might come from the air, soil, water, sound, or any other source. Pollution is an
issue that affects the entire planet. Over the past few decades, pollution has significantly
increased in all forms due to the combination of fast population growth and industrial
development. The author of this article has discussed the issue of water contamination in the
nation and the laws that govern it. United Nations Development Programme (UNDP) states
that "water is the stuff of life and a basic human right."

INTERNATIONAL CONTEXT

A number of international organisations, including the United Nations (UN), have established
guidelines for guarding against pollution of water supplies. The United Nations Environment
Programme, or UNEP, was founded in 1972 during the UN Conference on the Human
Environment (UNCHE) to address issues pertaining to global water pollution. "Right to water
entails three elements: access, quality, and quantity going beyond the general objectives to
make certain that adequate supplies of water of good quality are maintained for the entire
population on this planet," according to a 1992 United Nations Conference on the
Environment and Development (UNCED) report. (Chapter 18, Agenda 21) This Chapter 18
has advocated for an integrated response to water pollution. The June 20–22, 2012, United
Nations Conference on Sustainable Development, to which India is a signatory, emphasised
the significance of acknowledging and incorporating water for the sustainable development.
The conference focused on the "International Decade for Action, Water for Life," which ran
from 2005 to 2015. A United Nations declaration titled "International Drinking water Supply
and Sanitation Decade" was issued on November 10, 1980, and it stressed the significance of
both sufficiency and purity.

LEGAL FRAMEWORK FOR WATER POLLUTION IN

INDIA:

The Shore Nuisance (Bombay and Kolaba) Act, 1853

The Shore Nuisance (Bombay and Kolaba) Act of 1853 was a piece of legislation enacted
during the British colonial period in India. It was specifically applicable to the cities of
Bombay (now Mumbai) and Kolaba (now part of Raigad district in Maharashtra). The
primary purpose of the act was to address the problem of nuisances caused along the shores
of Bombay and Kolaba. These nuisances often included issues like pollution, waste disposal,
and other activities detrimental to public health and the environment. The act empowered the
authorities to regulate and control activities along the shorelines to prevent nuisances. It
provided provisions for the appointment of officers and inspectors who would oversee
compliance with the regulations outlined in the act. Additionally, it outlined penalties for
individuals or entities found guilty of creating or allowing nuisances to persist. Overall, the
Shore Nuisance (Bombay and Kolaba) Act of 1853 aimed to maintain the cleanliness and
sanitary conditions along the shores of Bombay and Kolaba for the well-being of the public.
While the act was enacted during the colonial period, its principles of environmental
regulation and public health remain relevant today.

Water Prevention and Control of Pollution Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974 is an Indian legislation enacted to
prevent and control water pollution. Its main objective is to maintain or restore the
wholesomeness of water for various uses such as drinking, bathing, fishing, and irrigation.
The Act empowers the Central and State Pollution Control Boards to implement measures for
the prevention and control of water pollution. The prime object of this Act is to provide for
the prevention of water pollution and cater to the maintenance of the water bodies and carry
out activities to promote restoration of water. With the objective of giving practical
implementation to this Act, the Central Pollution Control Board and the State Pollution
Control Board have been established by the central and state authorities. The Central
Pollution Control Board is to promote the cleanliness of streams and wells in different areas
of the state. The Central Pollution Control Board has the power to advise the central
government on various matters, which are concerned with the prevention and control of
pollution of water. Under the Act mentioned above, the board has the power to encourage and
conduct research and investigation with a view of promoting, the prevention of contamination
of water in a significant manner.

A person is required by Section 24[2] of the Act to refrain from admitting any dangerous or
noxious matter, as defined by the standards established by the Central Pollution Control
Board, into any stream, sewer, or on land in order to facilitate the proper implementation of
the Act. No one shall intentionally enter any stream in a way that obstructs the flow of water
or in any other way contributes to water pollution, according to another obligation placed on
them by this Act. This Section states that anyone who violates its provisions faces a sentence
of one year and six months in jail, with the possibility of an extension to six years.
Key provisions of the Act include:

1. Pollution Control Boards: Establishment of Central and State Pollution Control

Boards to implement the provisions of the Act. These boards have various powers and
functions, including the enforcement of standards for the quality of water.
2. Water Pollution Prevention: Prohibition and regulation of discharge of pollutants
into water bodies without prior permission. Industries and individuals need to obtain
consent from the Pollution Control Boards for discharge of effluents into water
bodies.
3. Standards for Effluents: Prescribing standards for the quality of effluents that can be
discharged into water bodies.
4. Penalties: Imposing penalties for contravention of the provisions of the Act, which
may include fines and imprisonment.
 5. Monitoring and Inspection: Provision for monitoring and inspection of industries to
ensure compliance with pollution control norms.
6. Public Awareness and Participation: Encouraging public participation in matters
related to the prevention and control of water pollution. The Act allows for the
establishment of committees involving local authorities and the public.

The Act has been amended several times to address emerging environmental concerns and
strengthen pollution control measures. It plays a crucial role in safeguarding water resources
and promoting sustainable development in India.

The Water Prevention and Control of Pollution Cess Act, 2003

The Water Prevention and Control of Pollution Cess Act, 2003 is an Indian legislation
enacted to provide for the levy and collection of a cess on water consumed by persons
carrying on certain industries and by local authorities, with a view to augmenting the
resources of the Central Board and the State Boards for the prevention and control of water
pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974. The
Act empowers the Central Government to notify the industries and local authorities that are
liable to pay cess. It also outlines the mechanism for the calculation and collection of cess
and the penalties for non-compliance. The funds collected through this cess are utilized for
the prevention, control, and abatement of water pollution. This Act essentially serves as a
means to finance pollution control measures in the water sector in India. Industrial waste is
one of the causes of the of water pollution. Often the waste from the industries is being
disposed of into the rivers which pollute the river to a significant extent. According
to Section 2 of this Act, industries include any operation or process or sewage or disposal
treatment or any industrial effluent. Section 3 of this Act provides an exemption to industries
from levying cess on those industries, which consume water below the specified limit. Water
gets polluted through the toxic or non-biodegradable substances when the processing of these
materials is being done in any industry, and such industries are required to pay cess under this
law.
 THE INDIAN PENAL CODE
Under the Indian criminal law, provisions have been explicitly laid down to punish the person
who commits an offence in contravention to the Code. Section 277 of the Code provides for
the punishment to be given to the person who commits an offence of fouling of a public
reservoir or a public spring voluntarily shall be liable to be punished with imprisonment of
three months or with a fine of 500 Rupees or with both. The explanation of this situation can
be given through an illustration. A, a resident of Chandigarh, goes near a reservoir and
voluntarily puts a toxic substance with an intention to cause harm to the environment and in
consideration pollutes the water. The reservoir was fit for public use before, but after the Act
of A, the reservoir became unfit for the utilisation of the public. Therefore, A was being held
liable for the offence under Section 277 of the IPC, and he was punished with imprisonment
of up to three months and a fine of Rupees 500. The Indian Penal Code (IPC) addresses
various offenses related to water pollution under different sections. Water pollution is a
serious environmental concern in India, and the IPC provides legal provisions to tackle such
offenses. Here are some relevant sections of the IPC with reference to water pollution:
1. Section 277 - Fouling water of public spring or reservoir: This section deals with the
intentional fouling of water in public springs or reservoirs, which could lead to water
pollution.
2. Section 278 - Making the atmosphere noxious to health: While primarily addressing
air pollution, this section can be relevant in cases where activities lead to the emission
of harmful substances into the atmosphere, which can eventually contaminate water
sources.
3. Section 284 - Negligent conduct with respect to poisonous substance: This section
can be applied in cases where negligent conduct leads to the release of poisonous
substances into water bodies, thereby causing water pollution.
4. Section 431 - Mischief by injury to public road, bridge, river or channel: This section
can be applicable if someone causes damage to rivers or channels, leading to pollution
or contamination of water bodies.
5. Section 432 - Mischief by causing inundation or obstruction to public drainage
attended with damage: This section can be invoked if someone causes obstruction to
public drainage systems, which could result in water pollution due to flooding or
contamination.
6. Section 433 - Mischief by destroying or moving, etc., a landmark fixed by public
authority: If someone destroys or moves a landmark that demarcates water bodies or
their boundaries, it could lead to legal consequences under this section.
7. Section 434 - Mischief by destroying or moving, etc., a boundary-mark: Similar to the
previous section, this one deals with the destruction or movement of boundary marks,
which could affect water bodies and their associated regulations.
8. Section 277A - Water Pollution: This section was inserted into the IPC by the Water
(Prevention and Control of Pollution) Amendment Act, 1974. It specifically addresses
 water pollution and prescribes punishment for those who pollute water in ways not
covered by other sections.
These sections of the Indian Penal Code provide a legal framework to address various aspects
of water pollution, enabling authorities to take action against individuals or entities
responsible for polluting water bodies and endangering public health and the environment.

The River Boards Act 1956

The River Boards Act of 1956 was enacted in India to provide for the establishment of River
Boards for the regulation and development of inter-state rivers and river valleys. The Act was
primarily aimed at promoting cooperation among states in the management of river systems
that flow through multiple states, thereby addressing issues of water utilization, irrigation,
flood control, and hydroelectric power generation.
Key provisions of the River Boards Act 1956 include:
1. Establishment of River Boards: The Act empowered the central government to
establish River Boards for specified inter-state river basins or river valleys.
2. Composition of River Boards: The Act outlined the composition of River Boards,
which typically included representatives from the concerned states, the central
government, and experts in relevant fields such as hydrology, engineering, and
agriculture.
3. Functions of River Boards: The primary functions of River Boards included the
formulation of comprehensive schemes for the development and utilization of water
resources in inter-state river basins, as well as the coordination of activities among the
riparian states for the optimal utilization of water resources.
4. Regulation of Water Resources: River Boards were tasked with regulating water
resources in a manner that ensured equitable distribution among the riparian states, as
well as addressing issues related to irrigation, navigation, flood control, and
hydroelectric power generation.
5. Powers of River Boards: The Act conferred certain powers upon River Boards, such
as the power to undertake surveys, investigations, and studies related to water
resources development, and the power to execute works for the conservation, control,
and utilization of water resources.
6. Financial Provisions: The Act provided for the funding of River Boards through
contributions from the central government and the concerned states, as well as
through loans and grants.
The River Boards Act of 1956 aimed to facilitate cooperation and coordination among states
in the management of inter-state river basins, thereby promoting the efficient and equitable
utilization of water resources for the benefit of all stakeholders. However, over the years, the
effectiveness of the Act has been debated, and there have been discussions on the need for
more comprehensive legislation to address contemporary challenges related to water
management and interstate river disputes in India.
 Damodar Valley Corporation Prevention of Water Pollution Act, 1948
The Damodar Valley Corporation (Prevention of Water Pollution) Act, 1948, is an important
piece of legislation enacted in India to prevent water pollution in the Damodar River Valley
region. The Damodar River Valley is an industrialized and densely populated area in eastern
India, encompassing parts of the states of West Bengal and Jharkhand.
The main objectives of the Damodar Valley Corporation (Prevention of Water Pollution) Act,
1948, are:
1. Prevention of pollution of water in the Damodar River and its tributaries.
2. Regulation of industrial and domestic activities to ensure they do not cause water
pollution.
3. Establishment of mechanisms for monitoring and controlling water pollution.
4. Enforcement of penalties and measures against those found guilty of polluting the
water in the Damodar River and its tributaries.
This legislation is significant in addressing the environmental concerns arising from
industrialization and urbanization in the Damodar River Valley region. It underscores the
importance of sustainable development and the protection of natural resources, particularly
water, which is vital for the well-being of communities and ecosystems in the area. The act
provides a legal framework for the Damodar Valley Corporation (DVC) to implement
measures to prevent water pollution, monitor industrial and domestic activities, and take
action against violators. It reflects the recognition of the government's responsibility to
safeguard the environment and public health from the adverse effects of water pollution.

The Environment Protection Act, 1986

The Environment Protection Act, 1986 is a significant legislation in India aimed at the
protection and improvement of the environment. In the context of water pollution, the Act
provides several provisions to address the issue:
1. Regulation of Polluting Activities: The Act empowers the central government to
take measures for controlling and preventing water pollution. It provides the authority
to set standards for emissions and discharge of pollutants into water bodies.
2. Setting Standards: Under the Act, the central government, in consultation with the
relevant stakeholders, can establish standards for the quality of water to be maintained
in various water bodies. These standards include parameters such as the concentration
of pollutants permissible in water bodies.
3. Pollution Control Boards: The Act provides for the establishment of Central
Pollution Control Board (CPCB) at the central level and State Pollution Control
Boards (SPCBs) at the state level. These boards are responsible for enforcing the
provisions of the Act, including monitoring and controlling water pollution.
4. Pollution Control Measures: The Act empowers the pollution control boards to take
measures to prevent and control water pollution. This includes issuing directions to
 industries and other establishments to adopt pollution control measures, such as
installing effluent treatment plants and adhering to prescribed emission standards.
5. Penalties and Punishments: The Act stipulates penalties for contravening its
provisions related to water pollution. It includes fines and imprisonment for offenders
who violate the standards or fail to comply with the directions issued by the pollution
control boards.
6. Public Participation: The Act encourages public participation in matters relating to
environmental protection, including water pollution. It provides for the right to
information and public hearings on issues related to environmental clearance and
pollution control measures.
Overall, the Environment Protection Act, 1986 serves as a comprehensive legal framework
for addressing water pollution concerns in India by providing regulatory mechanisms,
standards, enforcement provisions, and avenues for public participation in environmental
governance. This act promulgated for the overall protection of environment also deals with
quality of water and control of water pollution. Section 2 (a) of this act defines the
environment to include water. This act authorizes the central government to establish good
quality of environment.

RIGHT TO CLEAN WATER

In an effort to reduce water pollution, the Indian judiciary has taken a proactive step. The
Indian judiciary has interpreted Article 21 of the Indian Constitution liberally, bringing the
right to clean water and the environment under Article 21, Article 48, and Article 51(g) of the
Indian Constitution. Over the course of the Fundamental Rights movement, a number of court
rulings have cleared the path for the expansive notion of the Right to Life. The judiciary has
proposed that as the right to clean water is a component of the right to life, it can be covered
by Article 21, Article 48, and Article 51(g). The Indian Supreme Court ruled in the Narmada
Bachao Andolan Vs. Union of India case that Article 21 of the Indian Constitution guarantees
the right to clean water as a basic right. The court had noted that one of the fundamental
requirements of a person's right to life is access to clean water. It is the state's responsibility
to keep the water clean. The court determined that it is imperative to stop the Ganga River
from becoming contaminated in the landmark case of MC Mehta v. Union of India. Though
many acts have been passed by the Parliament to control the pollution of water still, there is
an urgent need for preventing our streams, reservoirs ,rivers, lakes from being polluted. The
government should keep a check on the functioning of reservoirs, streams, lakes and a body
should be established to monitor the working of the government.
 CONCLUSION

In conclusion, this research paper sheds light on the multifaceted issue of water pollution in
India and delves into the legal framework governing its control. Water pollution remains a
critical environmental challenge globally, impacting public health, ecosystems, and
sustainable development. Through an examination of key legislations such as the Water
(Prevention and Control of Pollution) Act, 1974, and the Environment Protection Act, 1986,
as well as international initiatives like those outlined by the United Nations, the paper
highlights the significance of comprehensive measures to address water pollution.
Furthermore, the paper underscores the role of judicial interpretation in recognizing the right
to clean water as a fundamental right under Article 21 of the Indian Constitution, thereby
emphasizing the imperative for governmental action and public participation in ensuring
water quality management. While legislative frameworks exist and judicial interventions
have been made, it can be observed that there is a need for continued vigilance, enforcement,
and public awareness to effectively combat water pollution and safeguard water resources for
present and future generations. It is imperative for stakeholders to collaborate in
implementing proactive measures to prevent further deterioration of water bodies and ensure
access to clean water as a basic human right.