ENVIRONMENTAL LAW

RESEARCH PAPER ON –
ANALYSIS ON WATER POLLUTION
IN INDIA AND ITS LEGAL REMEDY

7/12/2022
SUBMITTED BY-
ABHAY DEV
20191BAL9001
SECTION-4
TABLE OF CONTENTS
INTRODUCTION
When toxic and disagreeable substances are present in water at levels that render it unsafe
for human consumption, this is referred to as water pollution. Natural ecosystems that
support biodiversity, food production, and human health are weakened or destroyed by
water contamination. the waterborne Worldwide, millions of people die from diseases each
year.
Poor water quality has an impact on livelihoods including agriculture, fishing, and animal
care. Due to water pollution, biodiversity, particularly that of freshwater environments, is at
danger. Water is essential to life, and its pollution is a serious issue. Water pollution can
cause major issues with disease and the demise of people, animals, plants, and other
vegetation. Prevention of water pollution helps to guarantee that there is enough clean
water to support healthy, the expansion and development of the planet, people, and animals.
Water pollution can be prevented and controlled to ensure that people, animals, and plants
can continue to consume it safely. Millions of litres of sewage, industrial garbage, and
agricultural waste are discharged into India's 14 major, 55 minor, and numerous tiny rivers.
The discharge of industrial waste and sewage from cities is the When toxic and
disagreeable 1substances are present in water at levels that render it unsafe for human
consumption, this is referred to as water pollution. Natural ecosystems that support
biodiversity
Worldwide, millions of sources of river pollution. Now, just 10% of the wastewater
produced is processed, while the remaining 8 are disposed of directly into our bodies of
water. Pollutants enter rivers, lakes, and groundwater as a result (CAG,2011). Such water,
which eventually finds its way into our homes, is frequently extremely contaminated and
contains pathogen-causing bacteria. Because it contains fertilisers and pesticides,
agricultural run-off, or the water from the fields that falls into rivers, is another significant
source of water pollution.

In India, 50% of the home water needs in cities and close to 80% of the domestic water
needs in rural areas are met by water. Compared to surface water bodies, it is typically less
prone to contamination and pollution.
Water quality is impacted by a variety of human activities, such as mining, agriculture,
industry, manufacturing, waste disposal, population increase, urbanization, and climate
1
(CAG,2011) – Report No 21 of 2011 – Performance Audit of Water Pollution in India of Union
Government, Ministry and Forest.
change. Increased salinity and nutrient enrichment, which can be brought on by agriculture,
is one of the most pervasive issues with water quality today.

Freshwater Scenario in India

India has historically had abundant freshwater resources, but in recent decades, the
country's population has grown, and surface and groundwater resources have been
overused, leading to water scarcity in some areas. In India, economic expansion is fueling
rising water uses in many industries. The amount of wastewater is rising dramatically, and
the freshwater reserves are becoming contaminated because there aren't adequate treatment
and management systems in place.
Water usage per person in towns and cities is rising as a result of increased urbanization.
Urbanization is also causing changes in consumer behavior and a rise in the demand for
industrial and agricultural goods that require large amounts of water.

Water consumption in Indian agriculture

With an increase in the use of water for irrigation, it is possible that the available supplies
will be overused. One of the world's top producers of crops is India. This has resulted in an
increase in water use in the agriculture sector over time. Water consumption for irrigation is
rising. Between 2000 and 2025, an additional 68.5 Tr liters of water would be required for
irrigation in India. Together, wheat, rice, and sugarcane made up 91% of India's food grain
and sugarcane production in 2008. From 76.4 million metric tons in 1999–2000 to 78.4
million metric tons in 2007–2008, India's wheat production grew (CAGR: 0.34%), while
rice production increased.2

According to the FAO3 Corporate Document Repository, sugarcane production climbed

from 89.7MMT in 2000 to 96.1MMT in 2007–8 (CAGR 0.87%) and from 299.3MMT to
340.6MMT in 2007–8 (CAGR 1.63%). Between 2000 and 2008, the amount of virtual
water used to produce wheat, rice, and sugarcane increased by 88 trillion liters: 4 trillion for
wheat, 18 trillion for rice, and 66 trillion for sugarcane.

2
Compound Annual Growth Rate – Global Water Treatment Systems Market Share Report-2000

3
FAO – Food and Agricultural Assosiation,Corporate Document Depository
Demographic and economic factors are driving the use of water in agricultural production.
Food grain demand will increase domestically in India, rising from 178 MM mt in 2000 to
241 MM mt in 2050. Export growth: India's agricultural exports tripled in value from $5.6
billion in 2000 to $18.1 billion in 2008.

Agriculture: With rising disposable income and urbanization, demand for agricultural
products with high water footprints is anticipated to increase. The percentage of non-food
grains (such as sugarcane, fruits and vegetables, etc.) and animal products (such as dairy
and meat products) in a person's daily calorie intake is anticipated to increase from 35% in
2000 to 50% in 2050.4

Agricultural production growth is leading to greater water stress

Increasing water use: The three crops that account for 90% of India's crop production—
rice, wheat, and sugarcane—are also the ones that use the most water. Among the top
producing nations for rice and wheat, India has the biggest water footprint. More
wastewaters being discharged: The top producers of wastewater include industries with a
strong agricultural component, such as textiles, sugar, and fertilizer.
Water consumption by Industries
Industrialization and infrastructure growth are projected to drive water consumption and
lead to increased discharge of untreated wastewater.
Growth drivers for Water intensive industries
Industrial sector FDI equity inflow increased from $1.93 billion in 2004–2005 to $17.68
billion in 2007–2008. In the upcoming years, it is anticipated that industries depending on
energy and steel will expand. 7.7% of India's total investment between 2006 and 2010 went
toward infrastructure development.

GDP Between 2002 and 2007, the manufacturing industry increased on average by 8.6%,
and growth of 9.5% is forecast for 2008–2009. In India in 2008, thermal power plants—the
most water-intensive industrial units—made up 64.6% of the country's installed electricity
capacity. From 37 million metric tons to 52.7 million metric tons (CAGR 8.1%), India's
steel production has increased. From 2003 to 2007, India's electricity production increased
by 6%, from 558 to 704 billion kilowatt hours. Power usage per person is anticipated to

4
The Future of Food and Agriculture – Alternative Pathway to 2050.
increase annually from to 1,000 Kwh by 2012, from 704.2 Kwh in 2008. It is anticipated
that thermal power will provide 75% of the additional power capacity planned overall.

Impact on water stress

Between 2000 and 2050, industrial water usage is anticipated to double. By 2050, industrial
water use will account for 18% of all yearly water use, up from just 6% in 2000. Industrial
wastewater discharge depletes freshwater supplies and produces pollution. Untreated
industrial wastewater amounts to 6.2 billion liters per day. The two industries that
contribute most to the annual industrial wastewater discharge are steel and thermal power
plants.5
Urbanization and rising disposable income are predicted to shift consumer preferences
toward more water-intensive goods. India's domestic annual per capita consumption (kg) of
water-intensive goods like milk, cotton, cottonseed, and poultry meat is rising. Production
of chicken and milk is anticipated to increase at a CAGR of 3% and 4%, respectively,
between 2000 and 2020. Cotton production is anticipated to increase at a CAGR of 1.6%
over the forecast period.2000-2025.6
The connections between water usage across industries affect water management in a
sizable developing nation like India. Urbanization is on the rise, and water consumption
patterns are shifting as a result of rising agricultural income.
Large amounts of wastewater are being produced and discharged into existing water bodies
as a result of rapid industrialization and uncontrolled urban expansion.
India's healthcare system is insufficient. In India, only 26.8% of domestic wastewater and
60% of industrial wastewater are treated. Wastewater management facilities in cities have a
daily capacity of about 6,000 MM gallons. Only 29.2% of the wastewater in 423 Class I
cities is treated.

While due to inadequate treatment infrastructure, 499 Class II municipalities can only treat
3.7% of wastewater. 15,438 million liters of wastewater were produced daily in 2003, of
which 6175 million liters per day were untreated and 9263 million liters per day were
treated. The national capital of Delhi only processes around half of the 3,267 MM gallons
of wastewater it produces each day. The use of untreated wastewater for irrigation can
occasionally cause a decline in agricultural output. n (e.g., in Hyderabad, wastewater drawn
from the river Musi for irrigation has reduced rice output by 40-50%)7

5
Depending on State of Climate Change; over-390 million People Could Face Water Stress By 2050, Experts
Warn
6
Urbanization and Food Consumption in india-2020
The biggest danger to our water resources in the twenty-first century is unquestionably
pollution. Even though this is a global issue, developing nations are disproportionately
affected because of their dense populations, limited resources, and little scientific
knowledge. Undoubtedly, the issue of water pollution needs to be tackled immediately in a
nation like India where achieving industrial expansion is the order of the day in order to
prevent widespread public tragedies. This research paper examines the current legislative
frameworks in India that deal with the problem of water pollution and attempts to
determine how effective these frameworks have been at reducing this threat. The primary
goal of this research is to demonstrate that Water contamination is a problem for the legal
system in general and the Water Act in particular, and pollution control measures are still
inadequate. In order to ensure that the law is implemented effectively, this document also
offers potential solutions to the gaps. However, this paper is not—and does not claim to be
a thorough examination of the nature of water pollution in all of its significance and
breadth. It is only a quick examination of the vital problem of water pollution. Humanism
and conservationism cannot coexist with the unspeakable industrialization, unjustifiable
deforestation, and inhumane extinction of living things that reveal an exploitative brutality
and anti-social thirst for wealth and pleasure. Because these sacred rivers are now so
polluted and toxic, taking a dip in the Yamuna or the Ganga is now a sin against one's
physical health rather than a means of redemption.

STATEMENT OF PROBLEM
The horrific industrialization, unjustified deforestation, and inhumane elimination of living
things that reflect an exploitative brutality and anti-social craving for profit and pleasure
cannot coexist with humanism and conservationism. Taking a plunge in the Yamuna or the
Ganga is no longer an act of atonement but a sin against one's physical health due to how
toxic and polluted these holy rivers have become.
Sources of water pollution
Water pollution has a wide range of causes. They can be separated into point sources and
non-point sources, which are two separate types. When dangerous compounds are released
directly into a body of water, they become point sources, which are distinct and observable.
The oil spill from the Exxon Valdez, for instance, serves as the best point-source
illustration of water pollution.
Nonpoint sources, on the other hand, are ambiguous, difficult-to-identify sources that
distribute pollutants indirectly through changes in the environment. When fertilizer from a
farm is pushed into a stream by rain and harms aquatic life, that is an example of this type

7
Effect of Long – Term Sewage Water Irrigation on Micro Nutrient and Heavy Metal Content In Soil and
Plants Under ‘MUSI’ River in Hyderabad.
of water pollution. Although there is technology to monitor and control point sources of
pollution, political issues may make things more difficult. Controlling nonpoint sources is
substantially more challenging. The majority of the pollutants in streams and lakes come
from nonpoint source pollution.

Types of water pollution and its causes-

In general, the following categories can be used to group different types of water pollution:
Natural pollution: It has always been a problem. Ever since humans, animals, and plants
first appeared on the planet, excrement has been found in water.
Industrial Pollution: Industrial activities that discharge floating materials, settleable solids,
colloidal matter, dissolved solids, hazardous compounds, sullage, etc. also contribute to
water pollution. Chemicals, heavy metals, hydrocarbons, and radioactive compounds from
the food industry are only a few of the industrial pollutants. Sewage pollution is made up of
untreated or insufficiently treated home waste. Class I Cities (those with a population of
over 1 lakh) and Class II Cities are two categories used to categories urban areas (those
with a population between fifty thousand and 1 lakh). From about 5000 million liters per
day in 1947 to roughly 30,000 billion liters per day in 1997, India's total sewage production
from metropolitan centers increased. Subsidiary causes of water contamination include
some social and religious behaviors in addition to industrial and municipal wastes. 8 For
instance, both human and animal carcasses are disposed of in holy rovers. Bodies that have
only partially burned are frequently dumped into rivers after being cremated on riverbeds.
Thermal pollution is a problem brought on by companies and power plants. Due to the
disruption of the natural balance caused by an increase in water's ambient temperature,
pollution is caused when excess heat from power plants is dumped into a stream, lake, or
river. High temperatures kill both fish and the natural resources that keep river life fed.
Industries that utilize significant amounts of water for cooling, such as steel mills, oil
refineries, and breweries, inject hot water into waterways.

Pollution from radioactive substances is more challenging to control. These compounds are
created during the production of uranium and other radioactive elements, as well as during
the testing of thermonuclear weapons that release nuclides in blasts and fallout.
8
Reforms in Urban Planning Capacity in India – September 2021.
Agricultural contaminants include, but are not limited to insecticides, fertilizers, and
herbicides in general, irrigation water or rainwater spreads the nitrates, phosphates, and
sulfates-containing pollution that these agents create over large areas. There are two other
forms of water contamination that might be highlighted at this point in addition to these
two:

Surface water pollution is primarily brought on by point sources, which are thankfully able
to be specifically targeted for pollution control methods and account for the majority of
contaminants released into rivers. Chemical processing facilities account for 40% to 45% of
the total pollution produced by industrial subsectors, and the food and agro-based industries
account for almost 70% of the total organic pollution. 53% of people in the country use
ground water as their primary source of drinking water. This number is considerably larger
in rural regions, but this primary supply is currently under threat from pollution caused by
seepage pits, trash dumps, septic tanks, barnyard manure, transportation spills, and a variety
of agricultural and industrial pollutants. Since most soil types do not have an abundance of
oxygen, subterranean aquifers do not experience oxidation, which can usually purify or
disinfect surface water. There is no method to clean up a deep underground water source
that has been poisoned. Because more water is being drawn than is being replenished
annually by rainfall, which has stayed constant or even reduced, groundwater reserves are
gradually becoming exhausted.
Pollution of groundwater: Groundwater is a useful and important main source that is used
for drinking.
Effects of water pollution -
Water supplies looked limitless while our population was small. Then we could afford to
degrade one water supply, stop using it, and switch to another. This is not the case, though,
as the exponential growth of the population has already lowered water availability down
below the availability per capita. Communities that depend on the local water supply for the
majority of their operations and live close by are seriously at risk from polluted waters.

Water borne diseases are by far the most prevalent threat from water pollution to humanity.
Typhoid, infectious hepatitis (jaundice), cholera, diarrhea, and dysentery are only a few of
the illnesses linked to water that are thought to cause 73 million lost workdays annually.
Many of them spread to epidemic levels. 600 crores of rupees are spent each year on their
medical expenses and lost productivity. Additionally, 900 million episodes of illness and
over 30 million deaths from waterborne infections worldwide are reported each year.

LEGAL APPROACHES TO WATER POLLUTION-

Any law's main goal is to promote social fairness and general welfare by upholding specific
moral standards. Legislation for environmental protection is also based on the
understanding that it is important to follow the rules in order to maintain the environment,
which is a shared resource.

However, with the introduction of legislation, a new set of enforcement mechanisms took
on a large portion of the society's responsibility for maintaining the social objectives, and
the breaking of the law became a punishable offence. Most likely, this is the reason why the
majority of laws, especially those that deal with environmental preservation, are
categorized as criminal laws.
Environmental Legislation in India -
The articles of the Constitution serve as the cornerstone on which the nation's
environmental laws are constructed. The Indian Constitution's VII Schedule states that the
subjects that are classified into Central, Concurrent, and State lists determine the regions of
responsibility between the Central and State Governments. The environment does not
currently appear on any of these lists, and the Constitution does not make any explicit
provisions for environmental protection, despite the fact that the directive principles set
forth in the Constitution's amendments' Articles 48(A) and 51(g) assign specific duties to
the State and its citizens. The Constitution's Articles 252 and 253 have served as the
foundation for the majority of the environment-related measures passed by Parliament.9
The legal approaches to control water pollution can be divided into three stages -
I. Ancient Indian Jurisprudence;
II. Common Law Remedy (or pre-independence legal approaches); and

9
“Constitutional Provision for the Protection of Environment”
III. Modern Legal Mechanism (post-independence legal approaches).
I. Ancient Indian Jurisprudence
The preservation of the environment predates civilization itself. There is proof that the
inhabitants of Harappa and Mohenjo-Daro worshipped nature and held the natural world in
high regard. "And from light as it transforms itself come the rivers, which are historically
known to have the property of taste; and from the waters comes earth, with the quality of
smell," Manu says in "The Laws of Manu." This is the initial act of creation. There are
several laws against polluting water, including restrictions on peeing in it and disposing of
human waste or other bodily fluids in rivers. years later, in his treatise, the Artha shastra,
he also wrote extensively about protecting the environment. He wrote about the
responsibility of the state to maintain forests, preserve water sources, and safeguard
wildlife. Numerous Ashokan edicts also contain instructions on how to use and protect
natural resources.

II. Common Law Remedy (or pre-independence legal approaches) -

A. Common Law Remedy
The common law remedies that the British imposed in the courts in the three Presidency
Towns of Calcutta, Madras, and Bombay are where India's laws governing water pollution
management first emerged. There were three types of Common Law remedies:

Responsibility for a Hazardous Object's Escape

The landmark ruling in Rylands v. Fletcher10, made by justice Blackburn, can be linked to
the idea that a person is strictly liable for any harm brought on by a dangerous or toxic
object escaping. "We believe that the true rule of law is that the person who, for his or her
own purposes, brings on to his or her lands, collects, and keeps there anything likely to
cause trouble if it escapes, must keep it there at his or her own risk, and if he or she fails to
do so, he or she is prima facie answerable for all the damage that is the natural consequence
of its escape."
Careless use of Pollutants or Toxic Materials -
The negligent or nuisance legislation may be invoked as a result of the careless use of a
poisonous substance or pollutant.

10
Rylands v. Fletcher (1868) LR 3 HL 330.
The Violation of Water Property Rights -
Each riparian landowner has a natural right to the water flowing through his stream, both in
terms of quantity and quality. It's interesting to note that, according to the Easement Act,
every landowner has a natural right to ensure that, within his or her boundaries, water that
naturally passes or percolates past, over, or through his or her property is not unjustly
contaminated by third parties prior to doing so. Accordingly, it has been claimed that the
Act grants users and landowners a justifiable right to pollute. However, the word
"reasonable" when read in the context of the Act's other clauses gave the clearest indication
yet that pollution was to be outlawed to the fullest degree possible.

B. Pre-Independence Legal Approach -

Indian Penal Code, 1860.

Sections 277 and 278 of the IPC, 1960, show a long-standing concern for environmental
protection and water purity. According to Section 277, anyone who voluntarily taints or
pollutes a public spring or reservoir will be punished. According to Section 278, it is illegal
to purposefully contaminate the air in any location by making it noxious.

III. Modern Legal Mechanism (post-independence legal approaches) -

A. Factories Act, 1948:

Section 12 provides for effective arrangements for disposal of water and effluents by
factories.
B. Criminal Procedure Code, 1973
C. Under Section 133 the magistrate has been given powers to remove any unlawful
constructions.
D. Water (Prevention and Control of Pollution) Act, 1974

In accordance with Article 252 of the Constitution, the Water (Prevention and Control of
Pollution) Act of 1974 was published as Central Legislation. A Resolution from two or
more State Legislatures authorizing the Parliament to implement the relevant legislation
was necessary because water is on the State list. The Act also came into effect after it was
approved by the State Legislatures and at the State level. Even though the Act was passed
in 1974, it took some time before it was widely adopted and the necessary enforcement
mechanisms were put in place.
The Water (Prevention and Regulate of Pollution) Act of 1974 made a significant effort for
the first time to prevent and control water pollution (hereinafter water Act). This Act was
created to establish Boards for the Prevention and Control of Water Pollution and to grant
such Boards the necessary authority in order to prevent and control water pollution as well
as to maintain or restore the wholesomeness of water.

Critical Analysis of the Provisions in Water Act: How Far Effective -

Despite the fact that our laws are quite well written, it is frequently said that our
enforcement system is very ineffective. However, a comprehensive examination of the laws
may show flaws in them that are directly related to enforcement failures. The provisions of
the Water Act of 1974 have numerous inadequacies that fall under a variety of categories.
I. The Preamble merely mentions "prevention and management of water pollution" rather
than "totally prohibiting water pollution."

II. It is also unclear from the definition of "outlet" whether the act's application requires the
desire to pollute water.

Thirdly, "contamination of water due to its radiological breakdown" is not included in the
definition of "pollution."

IV. Fourthly, because "rain water" is not included in the definition of "stream," it is
permissible to contaminate rainwater.

V. Fifth, certain key terminology like "pollutants," "toxic pollutants," and "pollutant
discharge," among others, are not defined.

2. shortcomings Regarding Fines and Punishments -

I. Potential offences are not clearly defined, and not all potential infractions are subject to
the stipulated penalties.

II. The penalties listed in the Act are not those that would serve as a deterrent. Only when a
breach is committed "knowingly" does punishment apply. It does not cover "negligent"
behavior on the part of the polluter.

III. The fines set forth are also minimal, and incarceration is not always required as a form
of retribution.

3. Procedural Shortcomings

I. In accordance with the law, the State Pollution Control Board must file a case before the
lower court before taking action against a polluting unit, and the Board has the "onus of
proof." Because the Boards were unable to fully satisfy the "onus of proof," the polluters
were granted the benefit of the doubt in a significant number of situations when decisions
were made.
II. Prosecution of public employees is yet another legal void that the Pollution Control
Boards must deal with. According to Section 197 of the Criminal Procedure Code, the
Government must grant permission before prosecuting such individuals, making it difficult
for the Boards to pursue legal action against them.
III. The State Boards are subject to the Central Pollution Control Board's directives, which
are binding on them. But at the same time, the Act requires the Boards to follow the
instructions of the relevant State Governments. There are times when the directives of two
authorities are not mutually supportive and, occasionally, are completely at odds.
IV. The Chairman of the State Pollution Control Board, who must be properly qualified and
appointed on a full-time basis, is the important figure in the enforcement of this Act. The
Act, however, makes no mention of such a necessity. There are a number of State Pollution
Control Boards that are led by part-time Chairmen who lack the necessary training and
experience. Additionally, because they lack the necessary technical experience in pollution
management, the Member Secretaries of the Pollution Control Boards frequently come
from the administrative service or even the forest service. As a result, it becomes
challenging for them to give their subordinates the proper leadership and direction.
4. Shortcomings with respect to Institutional framework -
I. The Pollution Control Boards seldom have the resources needed to handle these difficult
jobs. The fundamental criteria for the efficient operation of the pollution control machinery
are qualified personnel and laboratory facilities for pollution monitoring.
II. When compared to other nations, our enforcement mechanism is clearly insufficient.
While the Central Pollution Control Board (CPCB) in India must make due with fewer than
500 employees, the Environment Protection Agency (EPA) in the United States has more
than 10,000 employees.
III. The Pollution Control Boards are anticipated to perform as legally independent
authorities. However, in practice, the Boards are unable to operate in this way due to a
number of factors, including their excessive reliance on the government for survival. The
Pollution Control Boards need to be autonomous and have overriding authority to enforce
the rules if they are to function effectively.

IV. The government exchequer is anticipated to provide funding to the Pollution Control
Boards for both planned and unforeseen expenses. The "grants-in-aid" to the Boards,
however, have been reduced or even completely withdrawn by a number of state
governments.

5. Other Lacunas

I. There is no mandatory public hearing system.

II. The Act does not contain any particular provisions for better execution of the Act
through public participation.

III. The Act does not contain any measures for establishing quality standards or objectives
for eliminating pollution.

IV. A state's local government has the authority to restrict the scope of this Act's
applicability. However, this authority is typically exercised arbitrarily.
V. The Environmental (Protection) Act of 1986,

India passed The Environmental (Protection) Act, 1986 and the related Environmental
(Protection) Rules, 1986 in response to the Stockholm Conference. This Act gives the
Central Government broad authority to "avoid, control, and abate environmental pollution."
Since the Act covers water resources, its provisions apply to streams, lakes, rivers, etc., and
a citizen may use the EP Act's procedure.

Groundwater Pollution -
Contamination is defined as any undesired substance that enters groundwater as a result of
human activity. It has long been believed that toxins placed on the ground or below it will
remain there. It's been established that this is wishful thinking. often, groundwater spreads
the negative effects of spills and dumps far beyond the original contaminated area.
Cleaning up groundwater contamination is incredibly difficult and occasionally impossible.
Point sources and diffused, or non-point, sources are the two types of sources that
contribute to the contamination of groundwater. Point sources include things like landfills,
leaking septic tanks, fuel storage tanks, and unintentional spills. Treatment of agricultural
land contamination
For instance, herbicides and fertilizers are non-point sources.

Sources of ground water pollution -

The pollution brought on by human activity has been the main source of groundwater
contamination concern.
Waste management (specifically, private sewage disposal) may contribute to human
groundwater contamination. systems, municipal wastewater, wastewater impoundments,
land spreading of sludge, petroleum industry brine disposal, mine wastes, deep-well
disposal of liquid wastes, and waste from animal feedlots, Animal manure, pesticides,
fertilizers, and herbicides are examples of agricultural contaminants in groundwater.

Processing and cooling water are in significant demand across manufacturing and service
sectors.as well as water for cleaning. When utilized water enters the hydrological cycle
again, groundwater pollution develops. Numerous types of contaminants, such as bacteria,
viruses, nitrates from human waste, and organic compounds, can be found in residential
wastewater systems.

Other sources of ground water pollution -

1.Tanks for storage
They could be above or below ground and could contain liquids such as chemicals, oil,
gasoline, or another kind.

2. Septic Tanks
systems for disposing of wastewater on-site that are utilised by residences, workplaces, or
other structures that are not connected to a public sewer system.
3. Irregular Hazardous Waste
When there are barrels or other containers containing hazardous materials lying around at
hazardous waste sites, this might result in groundwater pollution.
4. Dump sites
Our trash is transported to landfills to be buried there. In order to keep contaminants from
entering the water, landfills are supposed to have a protective layer at the bottom.
5. Chemicals and Salt on the Road
Another potential source of groundwater contamination is the extensive use of chemicals
and deicing agents. Chemicals are those used on farms and lawns to eradicate weeds and
insects, plant fertilizer, and other items used in residences and commercial establishments.
6. Airborne Pollutants
As a component of the hydrologic cycle, groundwater is susceptible to contamination from
other sections of the cycle, such as the atmosphere or bodies of surface water.
Dangers of contaminated ground water
On Health -
Drinking tainted groundwater can have detrimental impacts on one's health.
Contamination from septic tank waste can result in illnesses including hepatitis and
diarrhea.
Toxins that have seeped into well water supplies may result in poisoning.
Contaminated groundwater can potentially impact wildlife.
Exposure to contaminated water may potentially have other long-term impacts, such as
some types of cancer.

On Economy -
The economy may also be affected by contaminated groundwater:
Land value declines because to increased groundwater contamination in a particular
location, which makes it harder for people, animals, and plants to survive there. if the
region

When a place is known for its natural beauty and the environment starts to suffer from
pollution, the likelihood that people will choose to live there falls even further. The decline
in land value is undoubtedly a potential side consequence of groundwater pollution, even
though it might not be apparent right away.
Less stable industry - Groundwater is used by many industries to generate their products
and maintain their factories operating efficiently. Since the pH and quality of the
groundwater in a particular area don't typically change, it becomes an essential component
of many industries that depend on water that doesn't need to be tested frequently.

On Environment -
Last but not least, contaminated groundwater can have a significant negative impact on the
environment. Here are just a few examples of how this happens.
Groundwater pollution can result in some nutrients that are harmful to aquatic life, essential
in little amounts to grow to extreme levels of abundance to support regular life in a certain
habitat. Fish populations may begin to decline rapidly if they are unable to metabolize the
water in their water sources, and other animals may get sick if they consume too many of a
given sort of nutrient.
Water pollution in ecosystems - When the groundwater that feeds lakes, rivers, streams,
ponds, and marshes is contaminated, the surface water is gradually poisoned as well.

Marine pollution -
The contamination or presence of contaminants in oceans and seas is referred to as marine
pollution. The term "marine" is connected to words like "mariner" and derives from the
Latin word for sea. The problem of ocean contamination is getting more and worse today.

Whatever contaminates the sea is said to be marine pollution. Chemicals, tiny plastic beads
used in exfoliants, and poisonous bio-matter (such as sewage) are examples of common
marine contaminants. But if it disturbs marine life, noise from excessive traffic near the
ocean can also be considered pollution.

Depending on the situation and the intended use of the seawater, pollution can vary. When
considering the sea as the habitat of marine animals, one would not consider, for instance,
that regular seawater contains some minute particles of plants or sand.
whereas hazardous compounds would unquestionably be considered contaminants. But if
someone wanted to cook in this brine, they might perceive the sand and plants as
contaminating our cooking water.
Sources of Marine pollution -
1. Toxic substances in water
Marine life can be seriously endangered by industrial chemical runoff. home cleansers
flushed down the sink, industrial trash dumped into the ocean, and even chemicals in the
atmosphere
For example, industrial pollutants (dumped into the sea after being burned off in factory
chimneys) can severely damage our oceans.
2. Spills of oil.
This type of industrial dumping usually occurs accidentally when oil tanker leaks allow
massive amounts of oil to spill into the ocean. Oil leaks that happen by accident can kill
marine life.

3. Tiny objects.
Exfoliating lotions' tiny plastic beads and other little particles that we carelessly dump
down the drain end up contaminating the ocean.
4. Human waste, litter, and plastic waste
One of the biggest pollutants in the world's oceans is made up of plastic bags, aluminum
cans, rubbish, and other human waste. For example, to illustrate the immensity of the issue,
a massive "island" of rubbish the size of Texas was recently discovered in the Pacific
Ocean.
5. Wastewater
Sewage contaminates the oceans' crystal-clear, unpolluted water whether it is treated with
harmful chemicals or not. Another form of industrial dumping is this. Sometimes, sewage
is not directly pumped into the sea but into rivers, where it is eventually carried into the sea
by the untreated water of the rivers.

6. The maritime sector.

Major contaminants include sewage from container ships, chemicals, and gases (which
dissolve in the ocean).
7. Greenhouse gases that have dissolved.
Due to human consumption of fossil fuels, greenhouse gases are raising the sea's acidity.

Effect of Marine pollution -

1. Lack of oxygen.
Although seawater contains a lot of dissolved oxygen, sewage and other biomaterials that
are decaying in the oceans can cause a situation called "hypoxia" or oxygen deficiency.
This makes it difficult for oxygen-dependent marine species, including as fish, plants, and
animals, to endure in the waters.
2. More acidic.
Our waters get more acidic due to toxic substances. Once more, this renders them toxic to
marine life and harms fish, marine mammals, marine plants, and corals.

3. suffocating aquatic life.

More and more often, fish, turtles, and other marine animals are found to have little
particles of plastic and other trash inside their stomachs. These rubbish fragments suffocate
marine life and interfere with digestion, with a frequently fatal outcome.
4. stealing feathers from birds.
The natural oils that birds utilize to keep their feathers waterproof and to regulate their
body temperatures are removed from marine bird feathers by oil spills. Since their feathers
become wet, maritime birds struggle to stay afloat and can overheat or become too cold.
Additionally, when their feathers are clogged with grease, they will struggle to fly.
5. Keeping the sun at bay.
Sea plants that rely on sunlight for photosynthesis may not receive it because of pollutants
like oil or trash.
6. Health risks to people.
Swimming in a polluted sea puts swimmers and fans of water sports in danger.

Solutions for Maraine pollution -

1. Use our chemicals with caution.
Excessive human meddling in the natural environment results in both climate change and
marine pollution. If we utilize environmentally friendly household cleaners and implement
strategies too, we may lessen the influence of our lives on the oceans by reducing the
emissions we send into the air (for example, by choosing public transportation over
driving).
Additionally, rigorous site monitoring will lessen the likelihood of oil spills by preventing
or stopping any chemical or spills at all times.
2. Avoid rinsing or flushing dangerous substances away.
We can stop these particles from entering our seas by not flushing plastics down the toilet
and by not pouring oils and exfoliating beads down the sink faucet. Instead, switch to
natural exfoliants made of seeds, sugar, or sand, and recycle all plastics.

3. An effort.
Encourage lawmakers and industrial owners to make more environmentally friendly
decisions by lobbying, writing letters, distributing information on social media, and
organizing campaigns. Motivating One of the most important actions that can be made in
this situation is for shipping businesses to use secure and environmentally friendly vessels.
4. Work as an oil spill volunteer.
At oil spill locations, volunteers are always needed to help marine birds survive by cleaning
the oil from their feathers and providing for them until they are able to fly, swim, and dive
underwater once more. A quick response is always required to make sure that these birds
don't experience any negative health repercussions.
5. Participate in beach cleanups or start your own. Get the community together to pick up
the rubbish that inconsiderate picnickers, boat crews, and others have left behind to clean
up your neighborhood beach. A great method to make everyone aware of how intricately
connected we are is by working together as a community to protect the natural world.
connected to nature and how reliant on it we are. Working with others keeps us inspired
and serves as a constant reminder that we are not alone in our desire to protect the
environment.

The Consequences of India’s Poor Water Quality -

More than 40 million liters of wastewater run straight into India's lakes, rivers, and ocean
every day, with around 70% of effluent going untreated. Groundwater eventually becomes
tainted with toxic water as well. As a result, the irrigation system is disrupted and proper
waste management and sewage pollution cannot take place. The harmful germs and
diseases in the water prevent the crops from growing. Every year, waterborne illnesses
including cholera, typhoid, and hepatitis affect 38 million Indians due to inadequate
infrastructure and a lack of sewage treatment. The frequency of these ailments has stayed
constant over the past ten years.
In children under the age of five, waterborne illnesses kill more people than AIDS, TB, and
measles put together worldwide. In addition to negatively affecting people's health and
access to food, water pollution in India also lowers GDP and causes economic stagnation.
When the country's waterbodies are polluted to an unacceptable level, GDP growth is
reduced by one-third, and agricultural incomes in areas close to industrial zones are reduced
by 9%. There is a $80 billion loss per year as a result of environmental degradation,
particularly water contamination in India. According to estimates, the annual expense of
treating aquatic infections is close to $9 billion.

India’s Action Step to Eradicate Water Pollution -

India is pursuing a number of efforts to improve the quality of its water supply, including
flocculation, the recycling of industrial water, and the contributions made by regional
Indian businesses. In the three years from 2016 to 2019, industrial water reuse in Chennai,
an Indian city in the east, increased from 36,000 to 80,000 cubic meters. The Chennai-
based water company VA Tech Wabag also constructed a large number of water reuse
facilities around India. By 2020, VA Tech Wabag will have made a significant contribution
to the daily production of more than 18 million cubic meters of clean water, benefiting over
100 million people worldwide.
Additionally, VA Tech Wabag concentrated on executing a water treatment plan in
Panjaporn, Maharashtra, by combining techniques including flocculation, skimming, and
filtration. VA Tech Wabag uses flocculants to purify the water in order to lessen the
turbidity and colloids in it, which can lead to E. Coli, dysentery, cholera, and salmonella.
The Maharashtra VA Tech Wabag project has a big daily capacity of 455,000 cubic meters
of water. As a result, it will make clean water accessible to more than 112 million people.
The government of Gujarat, a state with more than 70 million residents, introduced the
Reuse of Treated Waste Water Policy in an effort to significantly reduce the use of the
Narmada River. In Gujarat, 161 sewage treatment facilities will be built so that the
construction and industrial sectors can utilize the purified water. According to evaluations,
the Indian government set up 281 solar electrolytic defluorination plants in Madhya
Pradesh and over 16,000 reverse osmosis systems in Karnataka in 2015.

Role of national Green Tribunal -

The Law Commission's recommendation that special and specialized courts be established
with jurisdiction only over environmental matters on the original and appellate sides
ultimately led to the founding of the National
The Green Tribunal Act of 2010 provides for the swift and efficient resolution of civil
issues involving the protection and conservation of forests and other natural resources, as
well as the enforcement of any environmental legal rights.

Current situation of the Tribunal -

1. The Green Tribunal provided an update on river revitalization.
The Chennai River Restoration Trust has been ordered by the Tribunal to give a detailed
report on the details of the activities assigned,to every division for the revitalization of
waterways. They are also required to provide information on the amount of money that has
been authorised for each department and the stage at which the project is being carried out.
2. Since the Tribunal's implementation, 7,768 complaints have been filed.7,768 cases were
filed with the Tribunal between its founding and January 31 of this year. Some of their
cases have already been resolved, while others are still ongoing.
3. The Tribunal orders Delhi officials to close factories that are polluting the Yamuna.
The Delhi government has been ordered by the tribunal to close the factories that are
polluting the nation's capital. It has instructed the Delhi Pollution Control Committee to see
to it that any stainless steel pickling units in Wazirpur in Delhi do not operate if the
necessary approvals are not in place or degrade the environment.

“THE WATER ACT”1974 -

The Water (Prevention and Control of Pollution) Act of 1974 (the "Water Act") is the
primary piece of law in India for regulating water pollution. The Water Act, which forbade
the discharge of contaminants into the water system in excess of limits, was passed in an
effort to prevent and regulate water pollution. Additionally, it provides for the
establishment of State Pollution Control Boards (SPCBs) for state governments and the
Central Pollution Control Board (CPCB) for the federal government. Prior to the
publication of the Environment (Protection) Act, 1986, the Water Act was passed and is
still the first environmental regulation in India. The Environment (Protection) Act, 1986
was aligned with the Water Act's provisions by an amendment made in 1988.
The Indian Constitution grants the states the authority to regulate water, and generally
speaking, no water regulations can be passed at the federal level. Therefore, the creation of
an all-encompassing plan for the management of water resources and state coordination
constitute the fundamental duties of the central government. But as an extraordinary
national water law, the Water Act was passed under Article 252 of the Constitution. The
Water (Prevention and Control of Pollution) Rules, 1975, a subsidiary regulation of the
Water Act, were established in 1975. The Rules provide a detailed explanation of CPCB's
compensation, authority, budget, and duties.
The Water (Prevention and Control of Pollution) Cess Act of 1977 (also known as the
"Water Tax Act") is a significant water law. The Water Tax Act controls the taxation of
municipal and industrial water use as well as its collection. Industrial organisations and
local governments are required to install water metres and pay taxes based on the quantity
of water used under the Water Tax Act. A sub-regulation known as the Water (Prevention
and Control of Pollution) Cess Rules, 1978 was implemented in 1978.
For the management of groundwater resources, no federal regulations have been passed,
while several states and the Union Territory have passed their own rules. On the other hand,
the "Model Bill to Regulate and Control the Development and Management of
Groundwater" was adopted by the federal government in 1970 as a guide for states and the
Union Territory to adopt groundwater rules. In 1992, 1996, and 2005, the Model Bill
underwent revisions. The Model Bill advocates the introduction of a well registration
system and a permission system for ground water extraction, as well as the establishment of
a Ground Water Authority by the state governments.
The Environmental (Protection) Rules, 1986 outline the effluent standards for wastewater
emitted from industrial facilities.

Remedies in case of water pollution -

The best course of action in cases of water pollution is to file a lawsuit. Pollution of a well,
pond, or other water supply is unwelcome. Private or public nuisance is possible. If the use
or enjoyment of a person's property, or the exercise of any right relating to it.
 When someone else blatantly pollutes the water supply, a lawsuit for private nuisance may
be filed. A criminal sentence, a fine, or both may be used to penalise someone who violates
the public nuisance law.
According to Section 268 of the Indian Penal Code, 1860, any act or illegal omission that
endangers the safety, wellbeing, or annoys the public constitutes a public nuisance. The
remedy in the event of a public disturbance is provided by Sections 133 to 144 of the
Criminal Procedure Code. The magistrate has the authority to issue an order under Section
133 directing the removal of a public nuisance within a certain time frame. Public interest
litigation can be used to ask the court for the steps to control water contamination (PIL). A
legal action brought before a court to uphold the public interest is referred to as public
interest litigation.
Under Articles 226 and 32, respectively, a Public Interest Lawsuit (PIL) or social interest
litigation may be brought before any High Court or the Supreme Court. In the High Courts,
public interest litigation may be brought regardless of whether a fundamental right is at
issue, but only in the Supreme Court when a question involving the enforcement of a
fundamental right is raised. Any public-spirited citizen may file one in order to uphold the
legal and constitutional rights of an individual or group of individuals who, due to their
social or economic disadvantage, are unable to seek remedy from a court.
The fundamental rights guaranteed by Part IV of the Indian Constitution are well-protected
by Article 32 of that document. It serves as a tool to defend the right to have access to clean
water. Although the Indian Constitution does not list the right to water as a fundamental
right, Article 21 of the Constitution does, in the eyes of the courts, expressly grant this
right. In Attakoya Thangal v. Union of India, 1990 KLT 580, the Kerala High Court
interpreted Article 21 to include the right to clean water as a fundamental human right.
The "Right to Water" was added to the scope of Article 21 in S. K. Garg v. State of U.P.,
AIR 1999 All 41. According to the court, a significant portion of Allahabad's people are
denied the right to access water, which is a component of the right to life protected by
Article 21 of the Constitution. Without water, Allahabad residents suffer excruciating
discomfort and distress, especially during this hot season when temperatures can reach 46
or 47 degrees Celsius.
Without water, a great number of people will become dehydrated and have heat stroke, and
many of them will likely die. Within a week of today, the court orders the parties involved
to fix the broken hand pumps and tube wells that are now in place.

The matter will be treated seriously by the court. Additionally, we order that chemical
analysts regularly test the water supplied for drinking to ensure that it is safe to drink and
free of bacteria and potentially harmful chemicals. In order to provide redress in cases of
water pollution, the Supreme Court also developed the Polluter Pays Principle and the
Precautionary Principle.
In the case Municipal Council, Ratlam v. Vardhichand, it was discovered that the open
sewers had been causing long-term problems for the people of Ratlam Municipality. The
court ordered the Ratlam Municipal Council to act immediately and in accordance with its
legal authority to stop the flow of alcohol plant effluents into the roadway. The State
Government was also ordered by the court to take action to stop the pollution. The Sub
Divisional Magistrate will also exercise his authority under Section 133 of the Criminal
Procedure Code to stop the nuisance that was created.
In order to assure sanitation, the Municipal Council must build enough public latrines for
use by men and women separately within six months of today, as well as provide water
supply and scavenging service in the morning and evening.
The court ruled in MC Mehta's Ganga Pollution (Tanneries) case, AIR 1988 SC 1037, that
it is everyone's religious obligation who lives or works near the river Ganga to maintain
Ganga's cleanliness. The Ganga has been severely contaminated by tanneries in the Jajmau
area, close to Kanpur. This Court served summons on them, but despite this, many
manufacturers haven't bothered to reply or take the simple precautions necessary to treat
industrial wastewater before releasing it into rivers. Due to their failure to perform the very
minimum steps necessary for the primary treatment of industrial effluent, we are now
giving instructions for the closure of certain tanneries.We are aware that closing tanneries
could result in job losses and a loss of revenue, but the importance of life, health, and the
environment to the populace is greater.
The Vellore Citizens Welfare Forum filed a writ suit under Article 32 of the constitution in
the case of Vellore Citizens Welfare Forum vs. Union of India and others in protest of the
massive discharge of untreated effluent by the tanneries and other industries in the State of
Tamil Nadu. In this instance, the court ordered the creation of an authority that will, with
the aid of expert testimony and after providing the concerned polluters with an opportunity
to respond, assess the damage done to the ecology and environment in the affected areas,
identify the people and families who have suffered as a result of the pollution, and
determine the amount of compensation that should be given to the affected people and
families.
The authority must divide the compensation into two categories: payments to individuals
and payments for reversing the ecosystem. In the event that a polluter avoids or refuses to
pay the compensation that has been granted against him, the authority shall order the
closure of the industry that he owns or manages. All tanneries in the districts of North
Arcot Ambedkar, Erode Periyar, Dindigul Anna, Trichi, and Chengai M.G.R. were given
pollution fines of Rs. 10,000 each by the court.
The funds will be deposited under a separate heading called the "Environment Protection
Fund" along with the compensation sum that was recovered from the polluters, and they
will be used for compensating the affected individuals as determined by the authorities as
well as for repairing the environment's damage.
In many instances, courts have shown to be an effective remedy for preventing, controlling,
and compensating victims of water pollution as well as providing guidance to pollution
control boards. During religious holidays in 2007, thousands of Ganesh and Durga idols
were immersed in the sea and other water bodies in the city, causing water pollution. The
HC dismissed Janhit Manch's PIL and ordered the Central Pollution Control Board to
develop guidelines to reduce water pollution in 2009.
On December 17, 2009, the Orissa High Court ruled on a writ petition brought by Rourkela
Shramik Sangha regarding the growing air and water pollution. The court ordered the
Pollution Control Board (PCB) to take action against officers of Rourkela Steel Plant (RSP)
for violating environmental regulations and improperly managing fly ash, which was
discovered dumped into Guradi Nullah, which in turn flows into the Brahmani River and
causes water pollution. The bench questioned the PCB's lack of decisive action against the
RSP, nevertheless.
The court concluded that the harm caused by the discharge of highly toxic effluents from a
sulphuric acid plant running through the sludge is unimaginable in the case Indian Council
for Enviro-Legal Action v. Union of India. It has caused tremendous suffering for the
inhabitants as well as extensive harm to the soil, the subsurface water, and the general
ecosystem of the region. The Supreme Court ordered the Central Government to recoup the
costs of corrective measures from the negligent industry, placing blame there.
To manage water pollution, the Central Pollution Control Board and the State Pollution
Control Board were established. In order to stop the water contamination of the Damodar in
May 2011, the state pollution control board issued orders to close the three washeries in
Dhanbad. Due to an alarming rise in the pollution of the air and water, the Central Pollution
Control Board has also prohibited the establishment of any new industries in Dhanbad.

Objectives of the Study

1) To Understand the concept of water Pollution.
2) To Analyse India’s Action Step to Eradicate Water pollution
3) To Understand the Sources of Water Pollution.
4) To Examine the Consequences of India’s Poor Water Quality.
5) To Analyse the Legal Approach to Water Pollution.
Research Hypothesis
Water is without a doubt the most valuable natural resource on Earth because it makes up
over 70% of the surface. Life on Earth would not exist without the supposedly priceless
compound made of hydrogen and oxygen; it is necessary for all life on our planet to
develop and flourish. Despite the fact that we humans are aware of this, we pollute our
rivers, lakes, and oceans. As a result, we are gradually degrading our world to the point
where organisms are dying at a startlingly rapid rate. Our capacity to use water for
recreation and our drinking water quality have both been significantly impacted in addition
to the extinction of innocent organisms. The largest threat to both humanity and our current
freshwater and oceanic water resources is pollution. For instance, estimates indicate that
approximately 1.5 billion people worldwide lack access to safe drinking water and that at
least 5 million fatalities annually are caused by waterborne diseases. A startling 70% of the
water that is accessible in India is tainted. Typhoid, infectious hepatitis (jaundice), cholera,
diarrhoea, and dysentery are only a few of the illnesses linked to water that are thought to
cause 73 million lost workdays annually. Many of them spread to epidemic levels. 600
crores of rupees are spent each year on their medical expenses and lost productivity. In
order to improve the efficiency and productivity of the current legal system, it is urgently
necessary to examine the issue and offer some solutions.

Research Methodology
This Research is a Doctrinal Research, The Study was Done with the Help of Primary
Sources Like Books and the secondary Sources Like Published Papers, Articles, Journals,
Relevant websites and Newspapers.

Scope and Limitations of Study

The biggest danger to our water resources in the twenty-first century is unquestionably
pollution. Even though this is a global issue, developing nations are disproportionately
affected because of their dense populations, limited resources, and little scientific
knowledge. Undoubtedly, the issue of water pollution needs to be tackled immediately in a
nation like India where achieving industrial expansion is the order of the day to prevent
widespread public tragedies. This research paper examines the current legislative
frameworks in India that deal with the problem of water pollution and attempts to
determine how effective these frameworks have been at reducing this threat. The major
goal of this research is to demonstrate that the legal system, generally, and the Water Act,
specifically, which deals with water pollution, are flawed and that pollution control is still
ineffectual. To ensure that the law is implemented effectively, this document also makes
suggestions for potential solutions to fill in the gaps. The nature of water pollution is not,
and is not intended to be, the subject of this research in its entirety or in all of its
implications. It only takes a quick look at the crucial problem of water pollution.