Prevention and Control of Water Pollution in India

-

Prevention and Control of Water Pollution in India

Author- chandan sha 

Introduction

Water pollution is a serious environmental issue in India, affecting health, ecosystems, and the economy. The Constitution of India under Article 48A and Article 51A(g) imposes a duty upon both the State and citizens to protect the environment. Recognising the need for dedicated legislation, the Indian Parliament enacted the Water (Prevention and Control of Pollution) Act, 1974, marking India’s first significant step toward tackling water pollution through legal means.



Historical Background

Before 1974, water pollution was governed by various fragmented laws like the Indian Penal Code, 1860 (Section 277), and the Factories Act, 1948. However, these laws lacked a specialized mechanism to monitor, prevent, or control pollution.

The Water (Prevention and Control of Pollution) Act, 1974, came into force on 23rd March 1974. It was enacted following a consensus reached during the 1972 Stockholm Conference and under Article 252 of the Constitution, since water falls under the State List.

This Act was a landmark as it established Central and State Pollution Control Boards for the prevention and control of water pollution.

Few Important Definitions under the Act

The Act lays down several definitions under Section 2, which are pivotal to understanding its scope:

  • Pollution [Section 2(e)] – Contamination of water or alteration of its physical, chemical, or biological properties that renders it harmful to public health or other uses.
  • Sewage Effluent [Section 2(g)] – Waste substance from any sewerage system or sewage disposal works.
  • Trade Effluent [Section 2(k)] – Liquid, gaseous or solid substance discharged from premises used for carrying on trade or industry.
  • Stream [Section 2(j)] – Includes rivers, watercourses, inland water, subterranean water, and sea or tidal water to a certain extent.

Aims and Objectives of the Act

The key objectives of the 1974 Act are:

  1. To prevent and control water pollution in streams and wells.
  2. To maintain or restore the wholesomeness of water.
  3. To establish the Central and State Pollution Control Boards (CPCB & SPCBs).
  4. To regulate the discharge of pollutants into water bodies.
  5. To provide penalties for non-compliance and violations.

Important Provisions of the Act

Some of the core provisions of the Act are:

  • Section 17 & 18 – Lays down the functions of the State and Central Boards.
  • Section 20 – Empowers Boards to obtain information regarding effluents and pollutants.
  • Section 21 – Provides for sampling of effluents.
  • Section 24 – Prohibits disposal of pollutants into water bodies.
  • Section 25 & 26 – Mandates prior consent of the State Board before setting up any industry which is likely to discharge sewage or trade effluent.
  • Section 33A – Empowers Boards to issue directions including closure or stoppage of electricity/water supply to polluting industries.

Composition of the Central Pollution Control Board (CPCB)

As per Section 3 of the Act, the CPCB is constituted by the Central Government and consists of:

  1. Chairman – A person with special knowledge or practical experience in environmental protection.
  2. Officials from Central Government – Not more than five.
  3. Representatives from State Boards – Not more than five.
  4. Non-officials – Representing agriculture, fishery, industry, or trade.
  5. Member-Secretary – With scientific, engineering, or management knowledge in pollution control.

Powers and Functions of the CPCB

Under Section 16, the Central Board performs several vital functions:

  • Advise the Central Government on water pollution issues.
  • Co-ordinate activities of State Boards.
  • Provide technical assistance and guidance to State Boards.
  • Conduct and sponsor research.
  • Organize training for pollution control personnel.
  • Lay down standards for water quality.

The State Boards under Section 17 have similar functions at the state level, including advising state governments and inspecting industrial units.

Limitations of the Act

Despite being a pioneering legislation, the 1974 Act suffers from certain limitations:

  1. Inadequate enforcement – Weak implementation mechanisms at the State level.
  2. Lack of accountability – No direct responsibility fixed on polluters in many cases.
  3. Low penalties – The penalties under Section 41 to 45 are not strong deterrents.
  4. No public participation – The Act lacks provisions for public involvement in decision-making.
  5. Limited jurisdiction – The Act applies only to water pollution, leaving other forms of pollution to be dealt with under separate laws.
  6. Dependence on consent mechanism – Boards have excessive discretionary powers under the "consent to operate" clause, which may lead to corruption or arbitrariness.

Conclusion

The Water (Prevention and Control of Pollution) Act, 1974 was a crucial milestone in India's environmental legislative history. It laid the foundation for later comprehensive environmental laws, including the Environment (Protection) Act, 1986. However, in today’s context of rapid industrialization and urbanization, there is a pressing need to revisit and strengthen the Water Act through stricter enforcement, greater public accountability, and integration with modern scientific approaches like real-time monitoring and data transparency.

References 

  1. The Water (Prevention and Control of Pollution) Act, 1974, No. 6, Acts of Parliament, 1974 (India).
  2. Central Pollution Control Board, Annual Reports (available at: https://cpcb.nic.in/, last accessed June 25, 2025).
  3. P. Leelakrishnan, Environmental Law in India (5th ed., LexisNexis 2019).
  4. Ahuja, R., Environmental Law and Policy in India (Oxford University Press, 2020).
  5. India Kanoon, Water Act judgments, https://indiankanoon.org/ (last accessed June 25, 2025).


Comments

Post a Comment

Popular posts from this blog

Analyzing the Role of Community Participation in Water Conservation and Pollution Control in Rural West Bengal: A Case Study of the Darjeeling District

-
Image
  Topic: Analyzing the Role of Community Participation in Water Conservation and Pollution Control in Rural West Bengal: A Case Study of the Darjeeling District  Author ~ Chandan sha   I. INTRODUCTION Water is a crucial natural resource, especially in ecologically sensitive areas like the Darjeeling district of West Bengal. The increasing challenges of water pollution, depletion of clean water sources, and climate change have exacerbated the need for sustainable water management. Rural areas, where government infrastructure is often limited, rely significantly on local communities for maintaining water quality and ensuring sustainable usage. This research explores the impact of community involvement in water conservation and pollution control efforts in Darjeeling. Through a blend of doctrinal and empirical analysis, this study focuses on legal provisions, local initiatives, and administrative participation to understand the current status and scope of improvement. The ac...
Read more

“Law in My Mind, Justice in My Hand"

-
“ Law in My Mind, Justice in My Hand” In Labour Law, I see the fight, For equal pay and worker’s right. No child at work, no unjust strain, The law steps in to stop the pain. The Constitution, bold and grand, Gives rights to all across the land. From speech to vote, from faith to life, It calms the storms, it ends the strife. Environment Law, a growing plea, To save the sky, the land, the sea. No trees to cut, no waste to spill, Protect the Earth—we always will. A student now, I read and write, To stand for truth, to stand for right. In every case and every clause, I walk the path of noble laws. AUTHOR ~ CHANDAN SHA BBA LLB  🔖  Blog by Chandan Sha  | For more legal insights, stay tuned to  Study on Law Hills .
Read more

Public Trust Doctrine: Protecting Natural Resources for All

-
Image
Public Trust Doctrine: Protecting Natural Resources for All Author: Chandan Sha  Introduction The Public Trust Doctrine is a legal principle that says certain natural resources like air, water, forests, and seas are so important to all of us that the government must protect them for the benefit of the public. These resources are not owned by anyone privately but are held by the State in trust for future generations . This principle ensures that natural resources are not over-exploited or sold off for private profits at the cost of public interest. Origin of the Doctrine The doctrine started in Roman law , where it was said that things like air, sea, and running water are common to all mankind. It was further developed in English common law and adopted in many countries, including India. In India, the doctrine became a part of environmental jurisprudence through a landmark judgment by the Supreme Court in the 1990s. Article 48A added to Constitution of India through ...
Read more