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New Water Amendment Bill Giving Polluting Industries Free Pass?
Water Amendment Bill, 2024
The Water Pollution Control Act from 1974 and the suggested 2024 amendments both aim to restrict how much contamination industries and treatment plants can legally discharge into public water sources like rivers, lakes and groundwater aquifers. The law sets specific limits on levels of different pollutants allowed depending on the water body type and use – drinking water sources have the most stringent standards.
The Water (Prevention and Control of Pollution) Act, 1974 passed to prevent and control water pollution across India. The main goal of this act maintains clean and healthy water bodies by reducing contamination from industries and other wastewater sources.
Some key parts of the law establish Central and State Pollution Control Boards, make rules limiting how much pollution industries can put into water, and require industries get permission before legally discharging wastewater into rivers, lakes or groundwater. It also sets punishments for companies violating the wastewater laws including fines or jail time. This decades-old law tried to keep India’s water sources free of harmful pollution so it stays safe for people, plants and wildlife.
Water (Prevention and Control of Pollution) Act, 1974 |
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Objective |
Prevent and control water pollution and maintain the wholesomeness of water resources. |
Key Provisions |
Establishes central and state pollution control boards. |
Prescribes standards for discharge of pollutants. |
Requires consent mechanism for industries to discharge pollutants. |
Specifies penalties for violations. |
Key Amendments Proposed in Water (Prevention and Control of Pollution) Amendment Bill, 2024
Water (Prevention and Control of Pollution) Amendment Bill, 2024 | Explanation |
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Consent exemptions for establishing industries | Central government may exempt certain industries from seeking consent. |
Nomination process for Chairman of State Board | The central government will prescribe the process for nominating the Chairman of the State Board. |
Decriminalization of minor offences | Imprisonment for minor offences will be replaced with monetary penalties. |
Adjudication mechanism | Adjudicating officers will be appointed by the central government. |
Some important changes suggested to the Water Pollution Act in 2024 allow the central government to choose certain industry types not needing permission to legally discharge wastewater into water bodies. Normally all industries must get consent before releasing anything causing pollution.
Other changes discuss having the central government decide the process for appointing the head of the State Pollution Boards instead of each state picking its own leader. There are also suggestions to charge big fines for smaller pollution violations instead of jail time to help businesses avoid legal trouble. And lastly, the central government may now name certain officers who can decide penalties when industries break pollution rules. The goal overall updates the decades old law to help businesses while still protecting water quality.
Challenges with the Water (Prevention and Control of Pollution) Amendment Bill, 2024
Letting the central government give certain industries a pass on getting pollution consent poses risks. With less oversight and approval before releasing wastewater, contamination could increase in lakes, rivers and groundwater aquifers from illegal dumping by factories. This could make water unsafe for people and wildlife if the exemptions go unmonitored.
Other worries are that states will lose some power if the central government takes over choosing leaders of the State Pollution Control Boards. States may also find it harder to deter industries from polluting if jail time removes for smaller violations under the new bill. Fines alone may not get some companies to follow wastewater laws. In short, more pollution and less local-level control seem the biggest concerns with the proposed amendments to the decades-old water protection law. Finding the right balance is key.
Way Forward
The changes suggested in the 2024 Water Pollution Amendment Bill need careful review to balance business needs and water quality protection. Giving exemptions risks more pollution, but helping industries follow rules more easily could have merits if done carefully. Some ideas to make the amendments more effective include:
- Enhancing water contaminant monitoring programs to catch illegal dumping from exempt factories;
- Discussing proposals with health experts, communities and industries to hear worries before finalizing new rules; and
- Educating the public on how even small levels of pollution accumulate over time and hurt water quality through awareness campaigns encouraging people to help report violations.
Getting the incentives and oversight details right will help ensure the decades-old water protection law retains its goal of providing healthy rivers, lakes and groundwater for generations.
Central and State Pollution Control Boards
Central and State Pollution Control Boards with health experts, scientists and government representatives oversee monitoring contamination levels in water bodies, inspect factories, and enforce discharge limits in cooperation with local communities under the law. They also reference other national environmental protection acts like the 1986 Environment Protection Act when making regulatory and enforcement decisions related to water quality. Having good data on background water pollution levels from different regions and contamination sources helps the boards set appropriate area-based discharge standards and catch violations.
Are jail punishments removed for small pollution violations under the Water Pollution Amendment Bill?
Yes, the 2024 amendment bill suggests replacing imprisonment penalties with fines for minor violations to make compliance easier for businesses.
Does the Water Pollution Amendment Bill only apply to certain Indian states initially?
Yes, the 2024 Water Pollution Amendment Bill initially applies just to the states of Himachal Pradesh and Rajasthan before other states can opt in.
Can an officer decide penalties for illegal wastewater dumping?
Yes, the amendment bill enables the central government to appoint adjudicating officers who can set penalties when industries violate wastewater discharge laws.