“Water, water everywhere but not a drop to drink,” this classic line of Poet Samuel Taylor Coleridge has been used ad nauseam, so much now that it has almost become clićhed. However, this line was no longer relevant in history than it is now. According to the World Health Organization (WHO), nearly 1.1 billion people in the Globe lack clean and safe water resources. Water is so imperative that its unavailability or polluted accessibility can lead to problems that branch out as health complications like diarrhoea, cholera, etc. Around 1.5 million children under the age of 5 meet tragic ends due to water-related diseases.
Water pollution is a serious problem in India. The fact that rivers fertilise plains and act as the prominent blood veins of Agriculture, society, and the Indian economy further amplifies the problem. A Lancet Study estimated that approximately 70% of India’s surface water is unsuitable for consumption. Also, only a tiny fraction of the 40 million litres of sewage that enters the water daily is treated. According to the World Bank, water pollution alone results in health costs of about $6.7-8.7 billion per Year—also, lack of clean water, sanitation and hygiene results in 4,00,000 deaths annually in India. This data is not only alarming, but it shows a harrowing state of affairs currently. There is an urgent need to strengthen both laws and procedures, which this article seeks to discuss.
WATER, LAW & THE INDIAN COURTS TILL NOW
The States are empowered by List 2 Entry 17 of the Constitution of India to legislate on “water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power”, which is subject to entry 56 of the List I, i.e. regulation and development of interstate rivers and river valleys.
Interestingly, Article 21, which is one of the most celebrated Articles of the Indian Constitution, has been expanded by the Judiciary to also include within its ambit the right to clean water and environment. In the Narmada Bachao Andolan Case, the Supreme Court expressed concern over the lack of availability of clean drinking water. It ruled that “all people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs”.
Apart from the judgments and Constitutional provisions, statutory bodies have been established to tackle environmental issues. These bodies include the National Green Tribunal, the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs). The Water (Prevention and Control of Pollution) Act of 1974 delineates the powers and functions of the Central and State Pollution Control Boards. The Central Ground Water Authority, under the aegis of the Ministry of Jal Shakti Department of Water Resources, River Development, and Ganga Rejuvenation, has been entrusted with the task of supervising water abstraction.
The Environment (Protection) Act of 1986 forbids industries from discharging harmful pollutants. Further, the courts can and have been issuing directions to control and prevent the pollution of water bodies. However, these efforts have failed to give the desired results, and the statutes suffer from drawbacks like silence on groundwater management policies and the lack of consideration for indiscriminate groundwater tapping and rainwater harvesting.
CRITICAL ANALYSIS OF IMPLEMENTATION LAPSES IN EXISTING LAWS
One of the primary factors contributing to the issue of water pollution is the absence of an independent regulatory body dedicated to environmental governance. The responsibility falls under the Ministry of Environment, Forest and Climate Change (MoEF). However, an undesirable outcome of excessive government interference in the Ministry’s operations is poor enforcement of environmental laws. The Central and State Pollution Control Boards lack independence as appointments depend on the state and central governments, which often results in a shortage of qualified personnel. The decisions made by these boards are subject to the scrutiny of the government which undermines their authority. Additionally, inadequate funding and a lack of proper infrastructure and laboratories further hamper the effectiveness of Pollution Control Boards.
The current pollution control mechanism, governed by the Water Prevention and Control of Pollution Act (WPCA), 1974 and the Air (Prevention and Control of Pollution) Act 1981, follows a command and control structure. Industries must seek permission from the SPCBs before discharging effluents or emissions. However, due to weak penalty measures, compliance needs to be improved. The Comptroller and Auditor General of India’s 2011-12 report on the Performance Audit of Water Pollution in India highlighted the inadequacy of penalties for contravening the WPCA 1974.
Moreover, more political will and public awareness are need of the hour to address ecological concerns. Many existing environmental laws prioritise human interests over the well-being of ecosystems and nature. Furthermore, specific environmental laws need more flexibility, as they only address particular types of pollution or hazardous substances. This failure to accommodate the polluter-pay principle hinders effective environmental management.
COMPARATIVE ANALYSIS WITH VARIOUS INTERNATIONAL JURISDICTIONS
Many Jurisdictions follow different practices for water conservation. The efforts and laws in other international jurisdictions highlight the measures which countries are adopting to address these pressing issues and efforts are being made by various organisations to promote water conservation worldwide.
Lithuania has emerged as a leader in environmental democracy, topping the Environmental Democracy Index. They have implemented strict environmental laws to protect their natural resources. Notably, Lithuania’s Environmental Protection Law empowers the public to access environmental information from the government and challenge decisions that might violate environmental rights in court. An amendment to the Law on Waste Water Management in 2012 significantly increased compensation rates for ecological damage, serving as a deterrent for polluters. The country’s excellent wastewater treatment laws have also played a crucial role in achieving high household and industry wastewater treatment rates, ensuring environmental preservation.
Boston leads the American Council for an Energy-Efficient Economy (ACEEE) City Energy Efficiency Scorecard. This city requires all large buildings to report their water use and comply with an assessment every five years to ensure the water is utilised correctly. The role of these large buildings in Boston’s sustainability efforts is significant, making the audience feel the impact of their actions. The buildings are also required to comply with an Energy Star certification and reduce electricity use, which involves water.
America has had its Clean Water Act for over five decades. China has prioritised water security, implementing policies such as the “Three Red Lines” to control water use, improve efficiency, and address water pollution. Some countries, such as Kenya, Rwanda, Morocco, France, and Taiwan, have taken steps to ban or restrict the use of plastics to combat environmental pollution.
CONCLUSION AND WAY FORWARD
Water conservation efforts are crucial, especially in regions facing drier and warmer conditions. Innovative technologies, such as variable-speed pumps and smart meters, can aid in efficient water use. California, in particular, has implemented various measures to promote water use efficiency, and Californians have responded positively to a reduced per capita water use goals. Apart from strict implementation of existing laws, the Government should also invest in technologies for water conservation. For a more sustainable future, investing in water systems and adopting local approaches and dialogues to address growing water uncertainties is essential. Implementing metering technology, which helps to monitor individual water usage, can help in keeping a check over the wastage of water.
Lessons from extreme events, such as droughts and floods, must be studied to strengthen water management and governance. The success of global actions, like the ban on chlorofluorocarbons (CFCs) under the Montreal Protocol, demonstrates the importance of international cooperation in protecting the environment. Green activists demand a sewerage audit of all industrial units, which can be a great way to tackle water pollution.
There should be stricter penalties to dissuade industries from discharging pollutants in water bodies. Individuals who waste or pollute water must also be penalised. The government should consult experts from both India and foreign nations to devise methods best suited to preserve water resources in our country. Hence, most stakeholders’ efforts, sound policies, and harmonious international cooperation are vital to water conservation and environmental security, ensuring a sustainable future for all.
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