Water Pollution in India

This article was written by Sri Janani, a student of SASTRA University.

Introduction:

The water is the basic need for life. Each organism has the right to get pure and uncontaminated water for living. No person has the right to contaminate the water and destroy all the living creatures in the water bed. Water contamination has been started increasing in India. The Stockholm conference on the human environment which happened in June 1972 brought the uniform law on the protection of the flora and fauna.

Under the Environment (Protection) Act, 1986,

• “environment” includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism, and property. This implies that the water is to be protected.
• “environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to the environment;
• “environmental pollution” means the presence in the environment of any environmental pollutant[1]

Under the Water (Prevention and Control of Pollution) Act, 1974, “pollution” means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms.[2]

Causes of water pollution:

The various sources or causes of water pollution are

1. Sewage (wastewater) – This includes the wastewater from both the domestic and industries.
2. Agricultural Pollution – This includes large quantities of agrochemicals, organic matter, drug residues, sediments, and saline drainage into water.
3. Oil Pollution – This includes the oil spills and mainly caused by the loss from the storage facilities, spilling during delivery, and deliberately disposing of the wastewater in the water bodies.
4. Radioactive Substances – Non-disposal of the radioactive substances properly which may include the radioactive substances used in the nuclear power plants, industries, medicinal and scientifical purposes.
5. Marine Dumping – Deliberate dumping of waste into coastal seas. This may also include the plastics and other materials blown or washed from land dumped in the seas.
6. River Dumping – Dumping of supermarket trolleys, bicycles, garden cutting and electronic wastes into the rivers and the river banks.[3]

Functions and powers of the board:

Water act mainly aimed at the protection of the water bodies and the prevention of the contamination towards the water. This act established the Central and State Pollution control board to control the pollution at the level of central and the state level. The act certain functions and the powers to the board to eliminate the pollution.

Section 17 of the act gives the functions of the board. The board has to plan a comprehensive program for preventing and controlling the pollution of streams and wells in the state. They also solve issues related to water pollution.

Trade Effluent:

A Trade Effluent is any substance in the form of solid, liquid or gaseous state which is discharged from any establishment used for carrying out any trade or industrial activity, other than domestic sewage.

 The State Boards are also responsible for laying down the standards for the treatment of such trade effluents. Further, the Water Act also empowers the Board to make an application to the courts for restraining pollution of water in streams and wells.[4]

Importance of the Water (Prevention And Control of Pollution) Act, 1974:

The importance of the Water (Prevention And Control of Pollution) Act, 1974 in the M.C. Mehta vs. Union Of India. It also stated that the act was passed to prevent and control water pollution and also maintaining the water quality.[5]

The Supreme Court in the case Narmada Bachao Andolan v Union of India observed that “Water is the basic need for the survival of human beings and is a part of the right of life and human rights as enshrined in Article 21 of the Constitution of India.”[6]

In the precedent case, the right to life was recognized by the supreme court which stated the “right to life includes the right of enjoyment of pollution-free water and air for full enjoyment of life.”[7]

the Supreme Court observed that ‘Water is the basic need for the survival of the human beings and is part of the right of life and human rights as enshrined in Article 21 of the Constitution of India’

Penalties and fines:

Section 42 of the of the Water (Prevention & Control of Pollution) Act, 1974 states penalties and fines for certain acts including pulling down pillars, Obstructs any person acting under the orders or direction of the Board, Damages any works or property belonging to the Board and Failure to furnish any officer other employee of the Board any information required. The fine and penalty include Imprisonment for a term which may extend up to three months or with fine to Rs. 10,000/- or both.[8]

Conclusion:

Every organism has a right to live in a pollution free environment. Water pollution can contaminate the freshwater and leaving us with none for the future generations. Water pollution also causes health issues. It has negative effects on agriculture and the environment. It is our main duty to protect the water and prevent them from getting polluted. We the people must take initiative steps in protecting the environment along with the government. The Acts which are already prevailing must be in a fully effective manner to protect our environment which will make things easier.

[1] Environment (Protection) Act, 1986

[2] Water (Prevention And Control of Pollution) Act, 1974

[3] http://www.environmentlaw.org.uk/rte.asp?id=90

[4] M.C. Mehta vs Union of India

[5] [1987] 4 SCC 463

[6] Writ Petition (Civil) No. 319 of 1994

[7] Subhash Kumar Vs State of Bihar

[8] https://www.commonfloor.com/guide/water-act-1974-to-prevent-and-control-water-pollution-43718.html