Policy Update
Deepanjali Sharma
Introduction
Clean and pure water is essential for the survival of mankind on this planet earth. The Supreme Court of India has categorically declared that right to clean water is part of right to life guaranteed under Article 21. Water Pollution amounts to violation of Right to Life enshrined in Article 21 of the Indian Constitution.
Under the Constitution of India, ‘Water’ is a State subject. The Constitution empowers the Union government to enter into treaties and sign conventions at the international level and it empowered Parliament to make domestic laws to implement the same.
Part XI of the Constitution of India enabled the Parliament to make laws on matters in State list if two or more states pass resolution to that effect. Stockholm Declaration of 1972 had huge impact on Indian Republic and the law dealing with Water Pollution was the outcome of the same. It reflects the Indian Republic’s commitment towards environmental protection.
However, as stated earlier, ‘Water’ is state subject whereas Water (Prevention and Control of Pollution) Amendment Act, 2024 is a Union Legislation. Interestingly, Parliament drew legislative competence to enact Water (Prevention and Control of Pollution) Act, 1974 from the resolutions passed to this effect under Article 252 by twelve state.
The budget session of 2024 introduced several significant amendments, including the Water (Prevention and Control of Pollution) Amendment Act, 2024. This bill received Presidential assent on February 15, 2024. The amendment aims to address specific shortcomings in the existing Water (Prevention and Control of Pollution) Act of 1974, updating the regulatory framework to better align with contemporary needs.
Objectives
One of the primary objectives of the amendment is to rationalize criminal provisions, ensuring that citizens, businesses, and companies do not face imprisonment for minor, technical, or procedural defaults. By decriminalizing these minor offenses, the act aims to reduce the legal burden on individuals and businesses, promoting a more businessfriendly environment. Importantly, this amended act is applicable only in the states of Rajasthan, Himachal Pradesh, and the Union Territories. This regional application allows for a focused implementation of the new regulations, addressing the specific environmental and industrial contexts of these areas.
Water Act 1974 vs Water Act 2024
The Water (Prevention and Control of Pollution) Act, 1974, was a foundational piece of legislation aimed at regulating and controlling water pollution in India. However, its provisions included strict penalties, such as imprisonment for minor technical and procedural defaults, which often led to harassment of businesses and individuals.
In contrast, the Water (Prevention and Control of Pollution) Amendment Act, 2024, marks a significant shift in regulatory philosophy. The 2024 amendment decriminalizes minor offenses, introducing a penalty-based system to reduce the legal burden on businesses and encourage compliance through financial disincentives rather than criminal charges. This change is intended to foster a more business-friendly environment.
The Water (Prevention and Control of Pollution) Act, 1974
This Act came into force in 1974 and was applicable to ten states namely West Bengal, Madhya Pradesh, Bihar, Gujarat, Rajasthan, Haryana, Tripura, Assam, Jammu and Kashmir, Kerala, and the union territories. The Water (Prevention & Control of Pollution) Act, 1974 was a comprehensive legislation that regulates agencies responsible for checking on water pollution and ambit of pollution control boards both at the center and states.
It was adopted for prevention and control of Water Pollution in India and to restore and maintain the wholesomeness of water for the establishment. The Act also conferred some powers to the established bodies such as the central board and the state board to control pollution of the water bodies.
Objectives of Water Act, 1974
- To provide for prevention, control and abatement of water pollution ▪ For maintenance or restoration of the wholesomeness of water.
- For the establishment of pollution control water boards.
- To assess pollution levels and punish polluters.
Limitations of the Water Act, 1974
The outdated rules and regulations of the Water (Prevention and Control of Pollution) Act, 1974 have led to a trust deficit among citizens. For instance, the Act mandates imprisonment of up to three months for failing to inform the State Board about the abstraction of water from a stream or well. Such imprisonment provisions for minor violations—simple infringements that do not result in harm to humans or environmental damage—often lead to harassment of businesses and citizens. This is inconsistent with the spirit of Ease of Living and Ease of Doing Business.
To address these issues, the Water (Prevention and Control of Pollution) Amendment Bill, 2024, proposes to rationalize criminal provisions. The amendment aims to ensure that citizens, businesses, and companies operate without the fear of imprisonment for minor, technical, or procedural defaults. By decriminalizing these minor offenses, the amendment seeks to reduce unnecessary legal burdens and promote a more businessfriendly environment, aligning regulatory practices with contemporary needs.
Key Changes in the 2024 Amendment
The act came into limelight as it decriminalizes several minor offences and instead imposes penalties between Rs10,000 up to Rs 15 lakh. It also empowers the central government to exempt certain categories of industrial plants from the application of section 25 relating to restrictions on new outlets and new discharges.
Objectives of Water Act, 2024
- The Water (Prevention and Control of Pollution) Amendment Act, 2024, marks a pivotal shift in environmental regulation in India. By decriminalizing minor offenses and introducing a penalty-based system, it aims to reduce the legal burden on businesses and encourage compliance through financial disincentives rather than criminal charges. This approach is expected to ease business operations, fostering a more supportive environment for economic activities.
- The Act empowers the central government to exempt specific categories of industrial plants from certain statutory restrictions. This provision is designed to streamline regulatory processes, reduce the duplication of surveillance efforts, and alleviate unnecessary burdens on regulatory agencies. Such measures are anticipated to lead to greater ease of living and less bureaucratic red tape, creating a more conducive environment for economic activities.
- Additionally, the amendment introduces measures to enhance regulatory oversight and standardization across states. It includes guidelines for the nomination of chairpersons of State Pollution Control Boards and directives regarding the grant, refusal, or cancellation of industry-related consents. These changes aim to ensure a more transparent and accountable process, improving the overall efficiency and effectiveness of environmental regulation.
- The central government views this amendment as a necessary step to update the outdated 1974 law and better regulate environmental affairs. The emphasis on financial penalties over criminal charges underscores a modern regulatory approach that seeks to encourage compliance through economic incentives rather than punitive measures. By focusing on fines and financial disincentives, the amendment aims to foster a cooperative relationship between regulatory authorities and businesses, ultimately leading to better environmental outcomes and a more dynamic economic landscape.
Major Amendments
Some of the major amendment that are introduced under the new amendments are as follows:
- Exceptions from taking consent:
Under the original act, the prior approval of the State Pollution Control Board (SPCB) is required for establishment of any industry or plant which is going to discharge sewage into a water body or land. The new amendment specifies that central government in concentration with Central Pollution Control Board can exempt certain categories of industrial plants from obtaining such consent.
The central government can also issue guidelines for the grant, refusal or cancellation of consent granted by the SPCB. In the original act, establishing and operating and industries without obtaining such consent was punishable with imprisonment up to 6 years and fine. It also penalizes tampering with monitoring devices used in determining whether any industry or treatment plant can we set up. The penalty will be between Rs 10,000 and Rs 15 lakh. - Chairman of the state board: Originally, chairman of an SPCB is nominated by the state government. The new amendments states that the central government will prescribe the manner of nomination and the terms and conditions of service of the chairman.
- Penalty of Offences: The original act allows the SPCB to immediately restrain any activity which leads to discharge of noxious or polluting matter in water bodies with exceptions depositing nonpolluting materials on the bank of a stream for reclaiming land. Violation of these provisions is punishable with an imprisonment term between one and a half years and six years, and a fine. The amendment removes the punishment and instead imposes a penalty between Rs 10,000 and Rs 15 lakh. Any offence for which punishment is not explicitly specified was punishable with an imprisonment term of up to three months or a fine of up to Rs 10,000, or both. The amendment removes imprisonment as a punishment and prescribes a penalty between Rs 10,000 and Rs 15 lakh. Failure to pay the penalty for violation of any provision under the Act will attract an imprisonment term of up to three years, or a fine up to twice the amount of penalty imposed.
- Offences by government departments: Under the Act, the head of a department will be deemed guilty for offences committed by government departments, provided that they prove due diligence was carried out to avoid such contravention. The Bill specifies that the head of a department will be required to pay a penalty equal to one month of their basic salary if the department violates any provision of the Act.
Challenges
The bill seeks to centralize all powers and is against the principle of federalism. There is a significant decline in the role of state government to safeguard the environment.
Subject like the environment is hard to tackle without some amount of stringent fear. Some critics raise concerns about the potential impact on transparency in dealing with water pollution issues. They argue that by relaxing certain regulations, the accountability of industries and regulatory agencies might be compromised, leading to less transparency in environmental management.
As there is no longer any deterrent to violating environmental laws, the new amendment weakened the laws that protected rivers and water bodies from industrial pollution. As quoted by Anubhav Mohanty, “pay and pollute bill”.
Recommendations
To ensure the Water (Prevention and Control of Pollution) Amendment Act, 2024, achieves its objectives without compromising environmental standards, it is essential to:
- Enhance the capacity of central and state pollution control boards to enforce penalties and monitor compliance effectively.
- Foster public-private partnerships to innovate and implement sustainable practices.
- Increase community engagement and awareness about the importance of water conservation and pollution control.
- Regularly review and update the regulations to adapt to changing environmental and industrial dynamics.
Way Forward
The Water (Prevention and Control of Pollution) Amendment Act, 2024, represents a significant shift in India’s approach to environmental regulation, focusing on ease of business and rationalizing penalties for minor offenses. While the amendments aim to reduce legal burdens and promote compliance through financial penalties, it is crucial to balance these changes with robust mechanisms for accountability and transparency to ensure that the environment continues to be protected effectively. By enhancing regulatory oversight and engaging stakeholders, India can move towards a more sustainable and business-friendly framework for water pollution control.
References
- Government of India, (1974). “Water (Prevention and Control of Pollution) Act, 1974.” Legislative Department, Ministry of Law and Justice, Government of India.
- Government of India, (2024). “The Water (Prevention and Control of Pollution) Amendment Act, 2024.” Ministry of Environment, Forest and Climate Change, Government of India.
- PRS Legislative Research, (2024). “The Water (Prevention and Control of Pollution) Amendment Bill, 2024.” PRS Legislative Research.
- Amita Bhaduri, (2024). “Controversial Water Pollution Amendment Bill clears Rajya Sabha amidst concerns.” India Water Portal.
- Paramjit Singh Jaswal, 2024. “Water (Prevention and Control of Pollution) Act, 1974 and its Rules,” Environmental law and policies.
- Policy Circle, (2024). “Explained: The Water (Prevention and Control of Pollution) Amendment Bill, 2024.” Policy Circle.
- The Hindu, 2024. “What are the changes in the new Water Act” The Hindu.
- Bhupendra Yadav, (2024). “The Water (Prevention and Control of Pollution) Amendment Bill, 2024 – Explained”. YouTube
- Anubhav Mohanty, (2024). “Water (Prevention And Control of Pollution Amendment Act Bill, 2024” Sansad TV, You Tube.
About the Contributor: Deepanjali Sharma is a research intern at IMPRI and a student at the Indian Society of International Law, where she is pursuing a postgraduate diploma in international law and diplomacy. She has a keen interest in political science, particularly in public policy, caste and religion-based discrimination studies, and gender studies.
Acknowledgment: The author would like to Dr Arjun Kumar, Ms Priyanka Negi, Ms Vaishali Singh, Ms Aasthaba Jadeja and Ms Sania Bhapkar who helped me throughout this article and reviewing the same.
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