WATER POLLUTION AND LEGISLATIVE MEASURES

INTRODUCTION

Of all natural resources, water is unarguably the most essential and precious resource. . About
25 per cent of electricity generated in the economy is from the hydel sources. The other
important use of water is in irrigation. In a country where agriculture gives sustenance to a
large proportion of the population, the provision of water for irrigation can make crucial
difference, i.e. it can either stimulate the economic activity or depresses it altogether. so water
is considered as very precious source .But over the time people started polluting it .Now
Water pollution is a major environmental issue in India. The largest source of water pollution
in India is untreatedsewage. Other sources of pollution include agricultural runoff and
unregulated small scale industry. Most rivers, lakes and surface water in India are polluted.In
India, water law is made of different components. It includes international treaties, federal
and state acts. It also includes a number of less formal arrangements, including water and
water-related policies as well as customary rules and regulations.

Causes of Water Pollution

Wate r pollution is caused due to several reasons. Here are the few major causes of water
pollution:

Sewage And Waste Water: Sewage, garbage and liquid waste of households, agricultural
lands and factories are discharged into lakes and rivers. These wastes contain harmful
chemicals and toxins which make the water poisonous for aquatic animals and plants.

Dumping: Dumping of solid wastes and litters in water bodies causes huge problems. Litters
include glass, plastic, aluminum, styrofoam etc. Different things take different amount of
time to degrade in water. They affect aquatic plants and animals.

Industrial Waste: Industrial waste contains pollutants like asbestos, lead, mercury and
petrochemicals which are extremely harmful to both people and environment. Industrial
waste is discharged into lakes and rivers by using fresh water making the water contaminated.
Oil Pollution: Sea water gets polluted due to oil spilled from ships and tankers while
traveling. The spilled oil does not dissolve in water and forms a thick sludge polluting the
water 1 .

Acid Rain: Acid rain is pollution of water caused by air pollution. When the acidic particles
caused by air pollution in the atmosphere mix with water vapor, it results in acid rain.

Global Warming: Due to global warming, there is an increase in water temperature. This
increase in temperature results in death of aquatic plants and animals. This also results in
bleaching of coral reefs in water.

Eutrophication: Eutrophication is an increased level of nutrients in water bodies. This

results in bloom of algae in water. It also depletes the oxygen in water, which negatively
affects fish and other aquatic animal population.

EFFECT OF WATER POLLUTION

 Death of aquatic (water) animals : The main problem caused by water pollution is
that it kills organisms that depend on these water bodies. Dead fish, crabs, birds and
sea gulls, dolphins, and many other animals often wind up on beaches, killed by
pollutants in their habitat (living environment).
 Disruption of food-chains :Pollution disrupts the natural food chain as well.
Pollutants such as lead and cadmium are eaten by tiny animals. Later, these animals
are consumed by fish and shellfish, and the food chain continues to be disrupted at all
higher levels.

 Diseases:Eventually, humans are affected by this process as well. People can get
diseases such as hepatitis by eating seafood that has been poisoned. In many poor
nations, there is always outbreak of cholera and diseases as a result of poor drinking
water treatment from contaminated waters.

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  Destruction of ecosystems:Ecosystems (the interaction of living things in a place,
depending on each other for life) can be severely changed or destroyed by water
pollution. Many areas are now being affected by careless human pollution, and this
pollution is coming back to hurt humans in many ways 2 .

INTERNATIONAL LAW

UNITED NATION WATERCOURSES CONVENTION

The UN Watercourses Convention was adopted on 21st May 1997, after two meetings.
Besides, the International Law Association and the Institute of International Law (IIL) (both
non-governmental expert bodies), played a significant role in the development of
international law relating to water, also known as international water law 3 .

POLLUTION AND PERMISSIBLE USES OF INTERNATIONAL WATERCOURSES

Industrial effluent, agricultural run-off and domestic sewage discharge constitute the main
inputs of pollutants into rivers. Only few specific treaties deal with such issues. However,
some other treaties partially cover this subject and put an absolute prohibition on altering the
quality of rivers. It is more common for states to regulate and control water pollution through
the prohibition of certain pollutants discharge, or to establish distinctions between existing
and new sources of pollutions 4 .

PREVENTION OF POLLUTION AND TRANSBOUNDARY ENVIRONMENTAL

HARM

It is worth mentioning that the obligation upon states when using water from international
watercourses to take all appropriate measures to prevent or alleviate significant

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http://eschooltoday.com/pollution/water-pollution/effects-of-water-pollution.html
3
UN Watercourses Convention, ‘Evolution of the UN Watercourses Convention’
(Unwatercoursesconvention.org, 2015). <http://www.unwatercoursesconvention.org/importance/ke ychallenges-
in-managing-international-watercourses> accessed 8 August 2015.
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Patricia Birn ie, A lan Boyle, Catherine Redgwell, International law and the environment (Oxford
University Press 2009)
transboundary harm, stated in Article 7 of the UN Watercourses Convention is seen as
codifying customary international law. Article 21(3) of the UNWC promotes mutually agreed
measures to alleviate water pollution, such as lists of prohibited and controlled substances,
water quality objectives and, the development of techniques to deal respectively with point or
diffuse sources of pollution.

INTEGRATED WATER RESOURCES MANAGEMENT

Integrated Water Resources Management or IWRM promotes a new way of managing

river basins in an integrated manner that takes into account a variety of factors, such
as: physical, ecological and chemical characteristics of water; the various interests of
parties; environmental components like managing pollution; wide participation on the
decision- making process; and, the coordination of different levels of decision, i.e. local
departments and agencies. At the global level, United Nations agencies and international
development assistance programs have promoted the IWRM approach as a standard of
international water law 5 .

Agenda 21 puts forward IWRM to deal with water issues through measures such as
mandatory environmental impact assessment, risk management and protection of
groundwater resources. Even though state practice shows some cooperation between states
for managing shared watercourses, IWRM has not been the leading principle in the making of
agreements. Indeed, by apprehending watercourses as systems, IWRM includes and controls
land-based activities having adverse effects on water resources.

INDIAN LAW

WATER PREVENTION AND CONTROL OF POLLUTION ACT ,1974:

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 6 .

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Elli Louka, International environmental law (Cambridge University Press 2006) 181.
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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 Pollutio n 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.

WATER PREVENTION AND CONTROL OF POLLUTION CESS ACT,2003:

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 7 .

THE INDIAN PENAL CODE AND POLLUTION:

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

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consideration pollutes the water 8 . 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 impr isonment
of up to three months and a fine of Rupees 500.

RIGHT TO CLEAN WATER :A FUNDAMENTAL RIGHT :

The Indian Judiciary has initiated a positive step, with the view of controlling pollution of
water. Under the Indian Constitution, the judiciary has given a liberal interpretation
to Article 21 of the Constitution of India and included the right to clean water and
environment under the ambit of Article 21, Article 48, Article 51(g) of the Constitution of
India. Various judicial decisions throughout the history of Fundamental Rights have paved a
way to the broad concept of Right to Life. The judiciary had propounded that the Right to
Clean water comes under the ambit of the right to life and hence the scope of Article 21,
Article 48 and Article 51(g) can include the right to clean water.

In the case of Narmada Bachao Andolan Vs. The Union of India, the Supreme Court, held
that the right to clean water is a fundamental right under Article 21 of the Indian
Constitution. The court had observed that right to clean water is a part of the basic necessity
of the human’s right to life.The state is duty bound to prevent the water from getting polluted.

In the leading case of MC Mehta vs. The Union of India, the court held that the preventing
the water of river Ganga from being polluted is the need of the hour.

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CENTRAL POLLUTION CONTROL BOARD AND STATE POLLUTION
CONTROL BOARD:

Water act 1974 Act paved the way for the creation of Central Pollution Control Board
(CPCB) and State Pollution Control Boards (SPCBs).
The main function of the CPCB ‘shall be to promote cleanliness of streams and wells
in different areas of the states’. The term stream includes river, watercourse, inland water,
subterranean waters, and sea or tidal waters to such extent or such point a state government
may specify in this behalf. The Board may perform functions such as :

 Lay down, modify or annul in consultation with the state government concerned, the
standards for a stream or well;

 Plan and cause to the executed a nationwide programme for the prevention, control
and abatement of water pollution;

 collect, compile and publish technical and statistical data relating to water pollution
and the measures devised for its effective prevention and control and prepare manuals,
codes or guides relating to treatment and disposal of sewage and trade effluents and
disseminate information connected therewith;

 Advise the central government on any matter concerning the prevention and control of
water pollution;

 Coordinate the activities of the SPCBs and provide technical assistance and guidance
to the SPCBs; and

 Carry out and sponsor investigation and research relating to problems of water
pollution and prevention, control or abatement of water pollution. 9
In order to achieve its objective Pollution Control Boards at Central and State levels
were created to establish and enforce standards for factories discharging pollutants into
bodies of water. The State Boards are empowered to issue Consent for Establishment (CFE)
whenever a firm wanted to establish a new factory and also issue Consent for Operation
(CFO) for existing factories. They were also given the authority to close factories or, in the
case of disconnecting power and water supply, issue directions to the concerned Departments
for enforcement of Boards standards.
TREATING POLLUTED WATER

It is very important to prevent the polluting of water bodies and remove existing
contaminants or reducing the concentration of these contaminants so as to make it fit for
desired use. Following are some of the ways of treating polluted water:

Industrial Treatment: The raw sewage is needed to be treated correctly in a water treatment
plant before it can be safely released into the environment. To reduce the amount and toxicity
of waste, it is passed through a number of chambers and chemical processes in water
treatment plant.

Denitrification: Conversion of nitrates in gas is called Denitrification. It is an ecological

approach to prevent leaching of nitrates in soil. It stops ground water from getting
contaminated.

Ozone Waste Water Treatment: Ozone waste water treatment method is becoming very
popular. In this method, the pollutants in water are broken down by an ozone generator.
Ozone oxidizes bacteria, molds, organic material and other pollutants in water.

CONCLUSION:

Despite well intentioned policy documents ,safe drinking water to citizens remains a problem
for both India and south Africa. However the usual “call for policy makers “ to listen and
draft new policies ,is not very effective. There is a need for a thorough re-examination of
existing procedures and norms of government and NGO functioning, following a clear
understanding of linkages, roles and responsibilities of the various institutions engaged in
providing water supply services, especially to rural communities. Such a re-examination is
best carried out in a facilitated multi-stakeholder setting ,with clear mandate to modify
procedures and institute mechanisms that improve water supplies to the level required by the
constitution. Within this process of NGOs and external projects can play an important part,
namely carrying out pilot projects, research and analysis and the infusion of new ideas .