The Water (Prevention and Control of Pollution) Amendment Act, 2024 was passed in order to address the growing concerns over water pollution and the need to balance environmental protection with economic development. The act aims to decriminalise minor offences related to water pollution and streamline regulatory processes to foster ease of living and doing business. The amendments proposed in the act seek to modernise the existing Water (Prevention and Control of Pollution) Act of 1974 by rationalising criminal provisions, empowering the central government to exempt certain industrial plants from restrictions, and prescribing guidelines for the nomination of chairpersons of state pollution control boards (SPCBs). While proponents argue that these changes will promote transparency and facilitate business growth, critics, including members of the opposition, raise concerns about the potential dilution of environmental safeguards and centralisation of powers. This introduction sets the stage for a debate on the implications of the amendment bill for environmental governance and economic development in India.
About the Amendment Act, 2024
The Water (Prevention and Control of Pollution) Amendment Act, 2024 marks a significant milestone in India’s environmental legislation. Originating from the Water (Prevention and Control of Pollution) Act of 1974, this amendment underscores the nation’s commitment to addressing the contamination of its water bodies, a critical resource for sustaining life and ecosystems.
Under the amended act, industrial units are obligated to obtain permission from their respective state boards before establishing factories. Moreover, they must adhere to the prescribed norms regarding their manufacturing processes. This regulatory framework ensures that industries operate in an environmentally responsible manner, minimising their impact on water quality.
With its enforcement, the Amendment Act is applicable to Rajasthan, Himachal Pradesh as well as all union territories of the country. If any other state uses a resolution to adopt this act, it will become applicable there also, thus covering their jurisdictions as well.
Some Salient Features of the Act
- The primary objective of the act is to prevent, control, and abate water pollution while maintaining or restoring the wholesomeness of water sources.
- It mandates the establishment of central and state pollution control boards to prevent water pollution. These boards are entrusted with the responsibility of monitoring pollution levels and enforcing regulations.
- It also defines the composition, terms and conditions of service of members of the Central Pollution Control Board (CPCB) and state pollution control boards (SPCBs). These boards advise the government on matters related to water pollution, coordinating activities, and providing technical assistance and guidance.
- It sets standards for permissible pollution levels and prescribes penalties for non-compliance. It empowers the government to restrict any unit and take samples of effluents for analysis. Violations of the act are subject to punishment, including imprisonment, fines, or both. The act extends liability for violations to corporate employees, officials, and heads of government departments.
- It has undergone several amendments, including those in 1978 and 1988, to strengthen implementation provisions. Amendments introduced in 1988 allowed citizens to bring actions under the act and imposed more stringent penalties for non-compliance.
- It extends liability for violations committed by companies to certain corporate employees, officials, and heads of government departments. This ensures accountability across various levels of responsibility.
The CPCB is a vital statutory organisation established in September 1974 under the ambit of the Water (Prevention and Control of Pollution) Act, 1974. Its establishment was mandated by Section 3 of the Act. Additionally, the CPCB holds significant authority and responsibilities conferred upon it by the Air (Prevention and Control of Pollution) Act, 1981. It operates under the purview of the Ministry of Environment, Forest and Climate Change (MoEFCC) and acts as a pivotal body for environmental governance in India. It serves as the central coordinating agency that collaborates with SPCBs and other relevant entities.
The primary objective of the CPCB is to formulate and enforce regulations, policies, and guidelines aimed at preventing and controlling pollution of water and air. It plays a crucial role in monitoring, assessing, and mitigating various forms of pollution across the nation.
Key Provisions of the Act
Some of the key provisions of the Water Act of 2024 are mentioned below:
Regulatory authorities As per the Act of 2024, the CPCB and SPCBs will facilitate the prevention and regulation of water pollution. A number of violations have been decriminalised and penalties have been imposed.
Exempting consent for setting up of some industries According to the Act of 1974, any industry or treatment plant that would release sewage into a sewer, water body, or land can be established only after the consent of the SPCB. However, the Amendment Act of 2024 states that some categories of industrial plants may be exempted from getting such consent, for instance, as delineated in Section 25 concerning the setting up of fresh outlets and emissions, by the central government after consulting the CPCB. Further, the Act of 2024 specifies that the consent given by the SPCB may be granted, refused, or even cancelled on the basis of the guidelines issued by the central government.
Besides, the Act of 1974 states that if an industry is set up and run without the consent of the SPCB, the owner of such an industry will be subject to punishment, comprising a maximum of six years imprisonment and fine. The current Act of 2024 has retained this provision. There are certain monitoring devices used to examine if any industry or treatment plant can be established at a particular place. Meddling with such devices will also be penalised, with a minimum fine of Rs 10,000 and a maximum of Rs 15 lakh.
Strengthening regulatory supervision The amendment act also aims to strengthen regulatory control and standardisation among states. It grants the central government to set guidelines for selecting chairpersons of SPCBs and to issue directive regarding the approval, rejection, or withdrawal of industry-related permits. Additionally, it mandates specific qualifications, experience, and procedures to ensure transparent and equitable appointments of chairpersons.
Discharging polluting matter The Act of 1974 specifies that any activity resulting in the release of polluting substances into the water bodies may be regulated immediately in accordance with the directions issued by the SPCB regarding the same. Under the Act of 2024, the breaching of rules (as prescribed by the SPCB) related to polluting substances in water bodies or on land is banned, except for certain exemptions like the deposition of non-polluting substances on a riverbank to regain land.
The Act of 1974 penalises the individual or organisation that breaches these provisions. Such a punishment includes one and a half years to six years of imprisonment along with a fine. Under the Act of 2024, this punishment has been eradicated. In place of this, a minimum penalty of Rs 10,000 and a maximum penalty of Rs 15 lakh have been imposed.
Penalty for other offences The Act of 1974 states that a penalty of up to three months imprisonment, or a fine of maximum Rs 10,000, or both will be imposed for an offence whose punishment is not clearly stated. Under the Act of 2024, imprisonment is excluded as a punishment. Instead, a fine of minimum Rs 10,000 and maximum Rs 15 lakh have been imposed. In case, an accused fails to pay the fine for breaching any provision, he/she will be subject to a maximum of three years imprisonment or will be penalised double the amount of penalty imposed as a fine.
Determining penalties by adjudicating officer Under the Act of 2024, the central government is responsible for the appointment of adjudicating officers who will specify penalties under the act. Such officers are required to hold the position equivalent to that of a Joint Secretary to the Central Government, or of a Secretary to the State Government. If an individual or an organisation is not satisfied with the orders passed by the adjudicating officer, they may appeal against such orders in front of the National Green Tribunal only after 10 per cent of the penalty levied has been credited by them. Under the Environment (Protection) Act, 1986, the Environment Protection Fund was set up. This fund is used for depositing the penalties levied by the adjudicating officer.
Cognisance of offences The Act of 1974 states that if the CPCB or SPCB or a person who has notified the complaint to the boards has filed a complaint against an offence, such an offence will be taken into consideration by a court. As per the Act of 2024, if the adjudicating officer makes such a complaint, then too, the offence will be taken into consideration.
Offences by government departments The Act of 1974 states that if government departments commit offences, the heads of such departments will be considered guilty for such offences, only if it is proved that proper care was not taken to prevent such a breach. Under the Act of 2024, if any provision of the act is violated by the department, the head of the department will be subject to a penalty equivalent to their basic salary of one month.
Decriminalising minor offences The Amendment Act of 2024 is aimed at the decriminalisation of minor offences associated with water pollution. It, in a way, gives leverage to industry owners by eradicating the punishment of imprisonment for minor technical or procedural faults. The main purpose behind this is to ensure that penalties are proportionate to the extent of offences. This will, in turn, allow industry owners to comply with the provisions instead of overburdening themselves.
Significance of the Act
Modernisation of legislation The original Water (Prevention and Control of Pollution) Act of 1974, while groundbreaking at the time, may have become outdated in the light of evolving industrial practices, technological advancements, and environmental challenges. The act reflects a need to modernise regulatory frameworks to effectively address contemporary issues related to water pollution.
Balancing industry growth and environmental protection India’s rapid industrialisation and economic development have led to increased pressure on natural resources, including water bodies. The act aims to strike a balance between promoting industrial growth and ensuring environmental sustainability by relaxing certain norms for industries while maintaining essential environmental safeguards.
Streamlining regulatory processes The act seeks to streamline regulatory processes by granting the central government powers to exempt certain industries from statutory restrictions and frame uniform guidelines for the appointment of officials to SPCBs. This streamlining is intended to enhance efficiency and clarity in regulatory enforcement.
Decriminalisation of offences By decriminalising penal provisions and replacing them with financial penalties, except for specific sections, the act aims to promote a more conducive regulatory environment for industries while still holding them accountable for environmental compliance. This shift from punitive measures to monetary fines may incentivise greater compliance among industrial stakeholders.
Enhancing enforcement mechanisms The act provides for the imposition of financial penalties instead of prosecution in court for certain violations, thereby potentially expediting enforcement actions and ensuring swifter resolution of environmental infractions. Strengthening enforcement mechanisms is crucial for maintaining the integrity of environmental regulations and deterring non-compliance.
Facilitating adoption by states By allowing the act to come into effect immediately in Himachal Pradesh, Rajasthan, and union territories, with provisions for other states to adopt it voluntarily, the amendment encourages broader national adoption of updated environmental legislation. This approach fosters greater consistency and coherence in environmental governance across different regions of the country.
Criticism of the Act
Hasty legislative process The rapid clearance of the amendment bill within 72 hours raises concerns about the lack of thorough scrutiny and debate, potentially undermining the democratic process and neglecting stakeholder input.
Weakening of environmental protections Critics argue that the amendment weakens the original act, which was designed to safeguard water resources and address pollution challenges. The relaxation of norms for industries and the central government’s increased control over state boards are viewed as detrimental to environmental protection efforts.
Centralisation of authority The amendment centralises decision-making authority by granting the central government more control over the selection of top officials in state boards. This undermines the federal structure of the country and may lead to conflicts between central and state authorities.
Decriminalisation of offences While proponents argue that decriminalisation promotes ease of doing business, opponents contend that removing imprisonment provisions and replacing them with fines may incentivise non-compliance and provide a licence to pollute rather than acting as a deterrent.
Lack of effectiveness Critics highlight the failure of the original 1974 Act to deliver significant environmental outcomes over the past 50 years. They argue that instead of addressing these shortcomings, the latest amendments further dilute the act’s provisions, perpetuating ineffective governance.
Inconsistencies with other environmental laws Concerns are raised regarding the inconsistency of the amended provisions with other environmental legislation, such as the Environment Protection Act, 1986. This lack of coherence may lead to confusion and undermine overall environmental governance.
Encouragement of paying to pollute Some experts argue that the amendments encourage a culture of paying fines for environmental violations rather than implementing stricter regulations and penal actions. This approach prioritises short-term economic gains over long-term environmental sustainability.
Limited stakeholder consultation The absence of meaningful consultation with civil society organisations and opposition leaders during the legislative process indicates a lack of transparency and inclusivity, potentially alienating key stakeholders from decision-making processes.
Conclusion
In conclusion, the passage of the Water (Prevention and Control of Pollution) Amendment Act, 2024 marks a significant milestone in India’s environmental legislation. The amendments reflect a nuanced approach, replacing imprisonment for minor violations with fines, thereby alleviating perceived burdens on businesses without compromising environmental safeguards. Furthermore, the Act grants the Centre enhanced authority in certain instances, facilitating streamlined decision-making processes and ensuring consistency in environmental governance across states.
However, the amendments have not been without controversy, with some expressing concerns about potential dilution of environmental protections. Nevertheless, government asserts that these changes are essential to address outdated regulations and foster an environment conducive to both economic development and environmental sustainability. Ultimately, the passage of the Water (Prevention and Control of Pollution) Amendment Act, 2024, underscores India’s commitment to evolving environmental governance in response to contemporary challenges, while striving to strike a delicate balance between environmental conservation and socio-economic progress.
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