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TABLE OF CONTENTS
__________________________________________________________

Acknowledgement..................................................................... .............2
Research Methodology............................................................................. 5
Aims and Objectives..................................................................................5
A. Statement of Problem.................................................................... 5
B. Research Questions........................................................................ 5
C. Hypothesis...................................................................................... 5
D. Method of Research...........................................................................5
E. Mode of Citation................................................................................6
F. Table of Cases.....................................................................................4
G. Chapter I: Introduction.......................................................................7
A. Chapter- II: Water Pollution..............................................................10
B. The causes of water pollution............................................................11-12
Chapter- III: Towards Water law Reforms....................................................13
A. Laws for Controlling Water Pollution in India.........................................13
B. Can Citizens be actively involved? ........................................................13

Chapter- IV: Case Study...................................................................................13

A. Right know..............................................................................................13
B. Public Interest litigation.........................................................................13
Chapter- V: Conclusion.....................................................................................14.
A. Bibliography.............................................................................................15

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 TABLE OF CASES

State of Uttar Pradesh V Raj Narain

Petrochemical Ltd v Proprietors of Indian Express Newspapers Bombay.
Dr. N.S. Subbha Rao v the Government of Andhra Pradesh (1988)
M.C. Meta v union of India and Shri Ram Food and Fertilizer Industries V Union
of India (1987)
Indian Council v Envro-legal

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Method of Research

A. Aims and Objectives: The aims and objectives of this project are to understand the
concept of Water pollution and enforceable law relating to water, the purpose of
having provisions/statutes/case laws which gives inclusive concept of the Water
pollution. One of the aims of the project is to have a comparative study on the Water
pollution so as to have a clear understanding on the Water relating issues.

B. Statement of Problem: The current systems do not give an equal chance to access
and flourish. Though we have various Laws Statutes, yet essential things are missed
out and very few literates know the proper meaning and nature of the Causes and
relating laws of water pollution. There for during the course of this project having a
lot of acts and law just made us confused of what is the better law for better
implementation.

C. Research Questions: Based on the statement of problem and aims and objectives
mentioned above, the following research questions have been formulated:-

1. What is water pollution?

2. What are the major factors that cause water pollution?

3. What are primary measures taken by government to control Water Pollution?

4. Is there any Acts or Law relating to Water?

5. Can Citizens be Actively Involved in reforming laws related to waters?

D. Hypothesis: Water pollution is a major threat to the world as well particularly to the
Indian which our citizens depend and make living from them. Due to lack of proper
Regulating laws for water its seems to be carefree and causing problems to our nation.
If Government could make proper laws for the water we can save our nations wealth
which everyone is dependable.
E. Research Methodology: The research methodology used for the present research
project is Traditional Doctrinal research method. As most of the information can be
sought form the available literature by referring books, articles, journals, websites
etc..,

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 Doctrinal research in law field indicates arranging, ordering and analysis of the legal
structure, legal frame work and case laws by extensive surveying of legal literature
but without any field work.

Empirical research in law field indicates field visit and collection of surveys and
other materials by various means which include some questionnaires and other
interaction based methods which the researcher is free to adopt.

F. Mode of citation

Blue Book uniform mode of citation has been adopted throughout the course of the
paper.

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Chapter I

1.1 Introduction

Water pollution is a serious problem in India as almost 70 per cent of its surface water
resources and a growing percentage of its groundwater reserves are contaminated by
biological, toxic, organic, and inorganic pollutants. In many cases, these sources have been
rendered unsafe for human consumption as well as for other activities, such as irrigation and
industrial needs. This shows that degraded water quality can contribute to water scarcity as it
limits its availability for both human use and for the ecosystem. In 1995, the Central
Pollution Control Board (CPCB) identified severely polluted stretches on 18 major rivers in
India. Not surprisingly, a majority of these stretches were found in and around large urban
areas. The high incidence of severe contamination near urban areas indicates that the
industrial and domestic sectors contribution to water pollution is much higher than their
relative importance implied in the Indian economy. Agricultural activities also contribute in
terms of overall impact on water quality. Besides a rapidly depleting groundwater table in
different parts, the country faces another major problem on the water frontgroundwater
contaminationa problem which has affected as many as 19 states, including Delhi.
Gynogenic contaminants, including salinity, iron, fluoride, and arsenic have affected
groundwater in over 200 districts spread across 19 states. Water as an environmental resource
is regenerative in the sense that it could absorb pollution loads up to Water Pollution in India
An Economic Appraisal M.N. Murty and Surender Kumar 19 certain levels without affecting
its quality. In fact there could be a problem of water pollution only if the pollution loads
exceed the natural regenerative capacity of a water resource. The control of water pollution is
therefore to reduce the pollution loads from anthropogenic activities to the natural
regenerative capacity of the resource. The benefits of the preservation of water quality are
manifold. Not only can abatement of water pollution provide marketable benefits, such as
reduced water borne diseases, savings in the cost of supplying water for household, industrial
and agricultural uses, control of land degradation, and development of fisheries, it can also
generate non-marketable benefits like improved environmental amenities, aquatic life, and
biodiversity. Using available data and case studies, this chapter aims to provide an overview
of the extent, impacts, and control of water pollution in India. It also tries to identify the
theoretical and policy issues involved in the abatement and avoidance of water pollution in
India.

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Chapter II

2.1 Water pollution

Water pollution is a major global concern all over worldwide and the water resource
policy keeps the records at all levels. It has been suggested that it is the leading global cause
of deaths and disease and it accounts deaths of more than 14,000 people daily. Most countries
like India, China and many more are lacking the adequate access of safe drinking water. It
has been estimated that not only developing or underdeveloped countries are suffering from
inefficient water resources but also developed countries like United States of America are
suffering from the improper quality of water resources.

Water is typically referred to as a pollutant when it is affected by anthropogenic

contaminants and basically in common sense which does not support the use of human
desires such as drinking water. Natural disasters like volcanoes, algae blooms, storms and
earthquakes also causes the major changes in water quality and the ecological status of water.

2.2The Causes of Water Pollution

Some chemical substances like calcium, sodium, iron, manganese, etc.) which are dumping
into the water sources are the main leading cause of water pollution. The high concentration
of naturally occurring substances can have negative impacts on marine flora and fauna.

There are some man-made as well as natural substances which can cause water
contamination. Some natural and anthropogenic substances may cause turbidity (cloudiness)

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which blocks the direct ray of sunlight and results then complete disturbance in the growth of
small marine plants and also damages in some life of marine species.

Most of the chemical substances are toxic in nature and those of harmful chemical substances
can produce waterborne diseases which can ultimately be harmful to human as well as other
organisms living in the environment and are considered as Pathogens. The chemical
substances which are dumped from certain industries, factories or household communities
can lead to change in temperature and mostly the growth of eutrophication. Eutrophication
is an increase in the concentration Of chemical nutrients in an ecosystem to such an extent
that increases in the Primary Productivity of the ecosystem. Depending on the degree of
eutrophication, any negative environmental effects like anorexia (Oxygen depletion) and
major depletion in water quality which may cause disturbance in the ecosystem.
Chemical and other contaminants are mostly of two types:-
Organic (like detergents, chloroform, insecticides, herbicides etc.) and Inorganic (like
power plants, ammonia, chemical waste, fertilizers, heavy metals from motor vehicles and
silt) water pollutants.

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Chapter III

3.1 TOWARDS WATER LAW REFORMS

Water law has been continuously evolving. Yet, the evolution witnessed over the first four
decades after independence must be distinguished from recent and ongoing trends. While
until the 1970s, water law can be seen as a field growing organically around issues and
principles that were largely well settled, the past couple of decades have witnessed the
beginning of a fundamental shake-up of water law. This is taking the form of reforms, which
are changing and will change existing water law as well as expand the scope of regulation.
The reasons for water law reforms include physical as well as institutional reasons. Over the
past decades, the water situation has become increasingly dire in many parts of the country.
This is due to increased use of water by all categories of water users, to increased demand
due to economic and population growth. This is also due to increased pollution of existing
finite water resources, which not only restrict potential uses of available water but also
threaten future use. One of the specific problems that have arisen is the dramatic increase in
groundwater use, which has led to depletion in many areas. Increasing use of water has led to
a number of suggestions to remedy the situation. This includes new strategies to cope with all
the various water-related issues. Water pollution has been addressed through the introduction
of environmental measures to control and reduce it. Access to domestic water has been the
object of various governmental and other programmes. The provision of irrigation water and
water to cities has, for instance, been taken up in the context of the construction of large
dams. There have also been progressive calls for changes of the law and policy framework
concerning water. This is due to two broad factors. Firstly, the water law and policy
framework was for a long time the object of relatively little attention. While many water-
related laws were adopted over several decades, comparatively little was done to provide a
broader integrated framework for water. Secondly, the recognition that there is a water crisis
in most countries of the world and that availability of and access to freshwater will be a
challenge for nearly all countries in coming decades has led to a number of international
initiatives to reform water governance, law and policy in most developing countries. In other
words, domestic and international factors have contributed to ongoing water law and policy
reforms. Water sector reforms have been proposed as a way to address diminishing per capita

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availability, increasing problems in water quality and increasing competition for control,
access and use of available freshwater. They seek to comprehensively reform governance in
the water sector. Current reforms seek in particular to reduce the role played by the public
sector and to emphasise the direct contributions of individuals to their water needs and the
participation of the private sector. These governance changes are underpinned by a number of
principles, which guide the reform process. This section highlights some of the main
principles guiding the reforms and the kinds of measures and instruments adopted to
implement the

3.2 Laws for Controlling Water Pollution in India

The acts that directly concern water pollution in India are the Water Act (1974), the Water
Cess Act (1977 and 1988), and the Environment (Protection) Act or EPA (1986). While the
first two are foundational legislations in the context of water pollution in the country, EPA is
designed to fill the gaps still remaining in the legal framework for the control of industrial
pollution. The act related to water cess is more of a revenue-generating legislation than a
measure to restrict the consumption of water by industrial units. Pollution control boards at
the central and state levels are empowered to prevent, control, and abate water pollution, and
to advise governments on matters pertaining to such pollution. CPCB is to coordinate the
activities of the state boards. Note that these laws have mainly remained confined to
controlling industrial water pollution. CPCB has also prepared a list of polluting industries in
India. The acts also specify that industrial units have to provide, on demand, all information
regarding their effluent and treatment methods. These laws however, do not cover the
regulation of water pollution originating from the household and agriculture sectors.

3.3 Can Citizens be actively involved?

It is important to note here that citizens have been explicitly excluded from legal monitoring
and enforcement action. Their public participation has been limited to a few areas such as
PILs: public hearings for EIA: and under citizen suits. Somehow there is a felling in from the
public viewpoint that many post-stockholm statutes have connived in letting a polluter use
legal loopholes and get away with their environmental crimes. What underlines this opinion
is the fact that citizens are not allowed to present legal samples in court of law. A
development of a citizens enforcement, culture is therefore a very important step. In the face
of administrative inefficiencies in environmental investigations and law enforcement, our

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present environment desperately needs citizens help. It is much cheaper and more efficient to
develop citizens involvement in a fight against environmental crimes. Certainly, any citizen
would know what is going in their locality. They can easily identify pollution situation and
hence identify a pollution source. Citizens can work with the PCBs in obtaining documents
on the suspects industries under the right of information provision; they can also check
whether something is being done about an environmental problem in their locality. Since we
have recognized laboratories across the country, citizens can approach local or nearby
environmental laboratories for identification of a pollutant, its sample and subsequent
analysis, contacts to various regulatory agencies such as PCB can be established in case of a
pollution problem. Eventually, a citizen can proceed with legal action by exploring various
judicial gateways.

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Chapter IV

4.1 Case studies

4.1.1 Citizens suits

4.1.2 The right to know

The right to know comes under fundamental right to speech in the constitution of India as
stipulated in Articles 19(1)(a) and the fundamental right to liberty and personal liberty as
stipulated in Articles 21 of the Indian Constitution. In the aspect of Environmental law, this
has been recognized by justice Mathew in 1975 in a ruling on State of Uttar Pradesh V Raj
Narain and also by justice Mukherji in 1989.

in Reliance Petrochemical Ltd v Proprietors of Indian Express Newspapers Bombay.

However the right to know has become a costly issue in Indian environmental Justice
movement. For example, to obtain information from a particular polluting unit in question,
one has to approach the pollution Control Board.

4.1.3 Public Interest litigation

1. In Dr. N.S. Subbha Rao v the Government of Andhra Pradesh (1988) the High
court of Andhra Pradesh gave people of a particular locality a relief from a polluting
factory.
2. M.C. Meta v union of India and Shri Ram Food and Fertilizer Industries V Union
of India (1987) depicts the ethical debate on the environmental protection and the
price of development. Another land mark M.C. Mehta case was the petition that
moved the supreme Court for prevention of nuisance caused by the pollution of River
Ganga in order to protect the lives of the people who make use of its water.
3. Indian Council v Envro-legal, the Supreme Court of India entertained a petition of
the people living in Village due to Sludge Waste left out by closed-down industries
which caused heavy damage to the environment. The Court ordered a remedial action
be taken and compensation be given to for the silent tragedies in line with the Mehtas
Absolute Liability Principle PIL have been the easiest way of approaching the
Higher Courts for Environmental Justice.

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Chapter V

5.1 Conclusion

It is clear from the above accounts of various legal environmental aspects that both
prestockholm and post-stockholm provisions are as much important when mutually taken into
accounts as they would be if taken separately. There is a need o improve penalties in common
law provisions so that they can match up with the impact of environmental crimes. Bar of
jurisdiction as laid down in Water an Air Acts should not be allowed to interfere with the
common law jurisdiction. Justice is a fundamental right of every citizen and so it is important
that citizens should be empowered to present legal sample in the court of law. The right to
know is a basic pillar for environmental justice and denying a citizen that right is equal to
denying the citizen the right to fight pollution crimes. Despite their success, PILs still do not
entirely gives a citizen the right of claims or compensation. Moreover, in India, many
environmental lawyers are classified under the pro bono.

The most important part in the post-Stockholm statutes is the ability of citizens to pursue
environmental justice in various legal gateways one of which involving the inclusion of the
Government Agency in fighting the environmental crime. Pollution Control Boards have
been given clear and visible powers to make sure that the industrial facilities comply with the
laws laid down and what enforcement is carried out at maximum efficiency. But, clearly, the
only way to carry out environmental enforcements is the active inclusion of ordinary citizens
in ensuring that the environmental laws of the land are not flouted.

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 BIBLIOGRAPHY

PRIMARY SOURCES
I. STATUTES:
The Constitution of India, 1950
The Indian Penal Code, 1860
Water Act (1974),
Environment (Protection) Act or EPA (1986).

SECONDARY SOURCES
I. BOOKS:
Dr. H.O. Agarwal, International Law & Human Rights, Central Law Publications, 14th
ed., 2007.

II. WEBSITES

http://www.kidsgen.com/school_projects/water_conservation/water_pollution.htm#4RIKikr0kGS

EYsqV.99

http://www.kidsgen.com/school_projects/water_conservation/water_pollution.htm#4RIKikr0kGS
EYsqV.99

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