ACKOWLEDGEMENT

I would sincerely like to put forward my heartfelt appreciation to our respected Sociology
professor Prof. Lakshmipathi Raju for giving me a golden opportunity to take up this project
regarding –Water Pollution . I have tried my best to collect information about the project in
various possible ways to depict clear picture about the given project topic.
TABLE OF CONTENTS
 INTRODUCTION

The importance of nature and clean green environment has been emphasized since
time immemorial. Be it the holy texts across religious or age-old human practices, they have
all emphasized sustainable lifestyles and moderation. That in many religious trees, animals
and even non-living objects are worshipped highlights the importance of each of them and of
the symbiotic relationship that we each of them. With our greed for development and material
prosperity getting the better of us, we have recklessly exploited the natural resources around
us without really caring for the environment. Activities like deforestation, water and air
pollution and overexploitation of natural resources have brought us to the brink of disaster.

Environment means the surrounding external conditions influencing development or

growth of people, animal or plants, living or working conditions etc. Etymologically the term
environment includes surrounding conditions and circumstances affecting people’s life.
Environment includes temperature, wind, electricity etc. Science defines environment as the
sum total of all conditions and influences that affect the development and life of organisms
(stresses on totality). The environment primarily consists of the abiotic component and the
biotic component. Energy, more specifically solar energy, which is sometimes referred to as
the third component and many a times seen as a apart of the abiotic component is the essence
on which the biotic components thrive. It is the connecting link between the abiotic and biotic
components.

The abiotic or non-living component is divided into atmosphere, hydrogen and

lithosphere. It is in turn divided into four zones troposphere, stratosphere, ionosphere and
exosphere. The hydrosphere comprises all types of water resources including oceans, seas,
lakes, rivers, streams, reservoirs, polar icecaps, glaciers and ground water. Section 2(a) of the
Environment Protection Acr,1986 defines the term as follows: Environment includes water,
air, land and the inter-relationship which exists among and between water, air, land and
human beings and other living creatures, plants, micro-organisms and property.
 ENVIRONMENTAL POLLUTION – TYPES, CAUSES AND EFFECT

India is the second most polluted country in the world. As a result, there
is an immense pressure on the existing natural resources and this had led to a drastic increase
in the levels of all forms of pollution be it air, water, soil or any other form. Pollution has
become a serious issue especially in developing countries due to rapid industrialization and
weak regulations or their ineffective implementation. Environmental pollution is a major
concern and needs to be addressed urgently.

Pollution is described as the release of substances which are capable of

causing harm to human or any other living organism supported by the environment.
Substances include solid, liquid and gaseous substances. While air and water pollution are the
more common forms of environmental pollution.

CAUSES: The factors which contribute to environmental pollution exist in plenty. While air
pollution is attributed to burning of fossil fuels, water pollution is associated with drainage of
waste. Similarly, noise pollution is caused when the level of the noice crosses certain
decibels, and soil pollution or land pollution is caused as a result of the contamination of soil
due to the introduction of chemicals in the same. The use of chemical fertilizers and
pesticides on agricultural land results in contamination of soil. These chemicals stay in the
soil for a long time and eventually come in contact with our body through the food that we
consume, which is grown in the polluted soil. While thermal pollution is attributed to its use
as coolant by power plants and industries, radiation pollution is attributed to accidents
involving radioactive substances as a result of human error. The concept of water pollution
includes the pollution of freshwater sources as well as oceans. On one hand, freshwater
sources are being converted to dumping grounds as result of industrial water pollution, and
on the other, oceans are bearing the brunt of oil spills and marine transportation. The rate at
which waste is being dumped is these sources of water is quite threatening in itself, and the
same contaminated water is used by a large part of the population.

EFFECTS: There is no doubt about the fact that humans play a major role when it comes to
pollution, but it seems like we are not aware of the fact that we ourselves are not safe from
the hazardous effect of the same. All the biological and physical components of the planet are
related to each other, such that harm to any of these components has the tendency of
triggering a domino effect on various other components. The end result in large-scale
destruction. The effects of environmental pollutants on humans and other lifeforms on the
planet have already started to surface, and they are only going to worsen with time. Water
pollution is resulting in the habitat destruction for a number of species which inhabit various
water bodies. While some species have already driven to extinction (the Pink Dolphin for
instance), others are batting for their survival. Other than agricultural crops, soil
contamination is affecting a number of plant species growing on the planet. The fact that we
are dependent on plants and animals for a large number of our daily needs only implies that
our existence on the planet is dependent on their existence.
 WATER LAW IN INDIA

Water being essential to sustain life in all forms, water conservation is a necessity.
Therefore, Right to Water has been read as a part of Right to Life under Article 21 of the
Indian Constitution. Water in the natural environment supports a variety of ecosystem
services to cater to basic human needs and to also support economic and cultural activities.
According to UNDP, “Water, the stuff of life and a basic human right, is at the heart of a
daily crisis faced by the countless millions of the world’s most vulnerable people”. Inefficient
use of water resources as well as pollution caused by reckless industrialization and increase in
human population have led to the scarcity of potable water. Some of the causes of the water
pollution are industrial urban wastes, oil leakages, eutrophication, pesticides and fertilizers,
marine dumping of wastes, acidification of rain and overall increase in marine water
temperatures. Contaminated water results in water-borne disease affecting human beings,
plants and animals. It has its impact on agriculture as well thus affecting the economy. In the
light of international developments, especially Stockholm Conference of 1972, to which India
was a party, there was a need to focus on sustainable development and water pollution being
the most glaring of menaces, there was a need to focus on sustainable development and water
pollution being the most glaring of menaces, there was a need to check it through legislation.
The laws of Manu also addressed issues related to the regulation of water, such as water
pollution and its impact on health.

PUBLIC TRUST DOCTRINE:

The Public Trust doctrine states that the government is not an owner but a trustee of natural
resources (such as water) and it is responsible for their protection and preservation for and on
behalf of the beneficiaries though the government exercises control over surface water
resources. In the absence of any legislation, the Executive acting under the doctrine of public
trust cannot abdicate the natural resources and convert them into private ownership or for
commercial use. The environment and the ecosystems of our country cannot be permitted to be
eroded for private, commercial or any other use unless the courts find it necessary, in good
faith, for the public goods and in public interest to encroach upon the said resources. For
example, groundwater would soon be declared public property in India.

The Maharashtra Groundwater (Development and Management) Act,2009 is one of the early
steps towards ensuring a sustainable use of groundwater thereby preventing its undue
exploitation. The statute not just makes the State responsible for the management of
groundwater and for the control its overexploitation, it also provides for community
participation in conservation, maintenance of water quality and making the polluter’s liable.
By virtue of various judicial pronouncements, the public trust doctrine is a part of the law of
the land.

RIGHT TO WATER:

The water act into being almost four decades ago. Since then, the law and the policy relating
to water in India and internationally has developed significantly. Water law is no longer
understood in terms of merely pollution control laws. It is also about the entitlement of all
human beings to equal and non-discriminatory supply of a sufficient amount of water. Recently
United Nations explicitly recognized the human right to water and acknowledged that clean
drinking water is essential for realization of all human rights. The Supreme Court of India in
the landmark judgement of Susetha v. State of Tamil Nadu, has held that “The water bodies
are required to be retained. Such requirement is envisaged not only in the view of the fact that
the right to water as also quality life are envisaged under Article 21 of the Constitution of India,
but also in the view of the fact that the same has been recognized in Article 47 and 48-A of the
constitution of India. Article 51-A of the Constitution of India furthermore makes a
fundamental duty of every citizen to protect and improve the natural environment including
forest, lakes, rivers and wildlife.”

There is no dispute that under the constitutional scheme in our country right to water is a right
to life and thus a fundamental right. The Hon’ble Supreme Court has held that “That right to
life is a fundamental right under Article 21 of the Constitution and it includes the right to
pollution free water”. Further, in the case of Hamid Khan v. State of Madhya Pradesh, the
Madhya Pradesh High Court stated that. It is incumbent on the State to improve the health of
the public by providing unpolluted drinking water. Failure of any State to provide safe drinking
water to the citizens in adequate quantities would amount to a violate of the fundamental right
to life enshrined in Article 21 of the Constitution of India and would be a violation of human
rights. In this case, the Kerala High Court directed the State Government to take all steps
necessary for supply of potable drinking water in sufficient quantity to the people through an
efficient water supply system.

WATER POLLUTION:

Water pollution refers to the contamination of water by any foreign matter which results in the
deterioration of the quality of water. It means any chemical, physical or biological alteration in
the quality of water that has a detrimental effect on any living creature that drinks or uses or
lives in it. With the increase in urban population and industrialization water pollution is on the
rise. Broad estimates suggest that almost 70 percent of surface water resources are
contaminated. Ground water also gets contaminated due to the seepage of trade effluents or
percolation of human waste. The first act concerning the control of water pollution in India was
the Shore Nuisance (Bombay and Kolaba) Act,1853. As aggrieved person may under Common
Law claim that the pollution of the water source is a public nuisance. In the case of Pakkle v.
P.Aiyasami Ganapathi, the Madras High Court held that the alteration of the natural cause of
action in nuisance. In the event the water supply was affected by indiscriminate dumping of
hazardous waste, the State was bound to take remedial steps.

SOURCES OF WATER POLLUTION:

Based on the point of origin, sources of water pollution can be divided into two categories, i.e.
point and non-point sources. The point sources are those sources which are determinate and
identifiable and occur when harmful substances are discharged directly into a body of water.
For example, the effluent discharged from industries and waste treatment plants. The non-point
sources are those sources which are indeterminate and not easily identifiable and deliver
pollutants indirectly through environmental changes. An example of this type of water
pollution is where fertilizer from a field is carried into a stream by rain, in the form of run-off
which in turn affects aquatic life. Non-point sources are more difficult to control. Pollution
arising from non-point sources accounts for a majority of the contaminants in streams and
lakes.
STATUTORY LAW RELATED TO WATER POLLUTION:

The problem of water pollution is very grave. The main legislation with regard to water
pollution are (Prevention and control of Water Pollution) Act,1974(hereinafter referred to as
Water Act, 1974); Water (Prevention and Control of Pollution) Cess Act,1977 and
Environment Protection Act,1986. The Water Act,1974 aims at prevention and control of water
pollution and at maintaining or restoring the wholesomeness of water. It provides for the
establishment of Central and State Pollution Control Boards (CPCB and SPCBs) for the
prevention and control of water pollution.

The Water Act,1974 is the most important legislation when it comes to prevention and control
of water pollution in India. It is also one of the earlier pieces of legislation is so far as
environment protection is concerned. To understand the regulatory frame work it is pertinent
to understand the manner in which some of the important concepts have been defined under
the legislation. For example, “Outlet” has been defined to include any conduit pipe or channel,
open or closed, carrying sewage or trade effluent or any other holding arrangement which
causes or is likely to cause, pollution. “Pollution means contamination of water or alteration of
the physical, chemical or biological properties of water or such discharge of any sewage or
trade effluent or any other liquid, gaseous or solid substances into water(whether directly or
indirectly) as many, or is likely to, create a nuisance or render such water harmful or injurious
to public health or safety, or to domestic, commercial, industrial, agricultural or other legimitate
uses, or to the life and health of animals or plants or of aquatic organisms. “Sewage Effluent”
means effluent from any sewage system or sewage disposal works and includes sullage from
open drains. Stream means rivers, water course (whether flowing or for the time being dry),
inland water(whether natural or artificial), sub-terranean waters and sea or tidal waters. Trade
effluent includes any liquid, gaseous, or solid substance which is discharged from any premises
used for carrying on any industry, operation or process, or treatment and disposal system, but
does not include discharge from domestic sewage.
 POLLUTION CONTROL BOARDS

The Pollution control boards (PCBs) comprise of the Central Pollution Control
Board (CPCB) at the centre and State Pollution Control Boards (SPCBs) in each of the states.

Central Pollution Control Board:

The CPCB is a corporate body under the Water Act with perpetual succession and a common
seal. Subject to the provision of the Water Act, the CPCB also has the power to acquire, hold
and dispose of the property, to contract and may also by its name sue or be sued. The members
of the board are public servants. The CPCB comprises of a full-time chairpersons, five
representatives of the Central Board, five members of the State pollution control boards, three
representatives of agriculture, fishery or industry or trade, two members from state controlled
companies and one full-time secretary.

Functions of The Central Board Pollution Control Board:

The main PCB is to function of the CPCB is to promote cleanliness of streams and wells in
different areas of States. The other functions are as follows:

 Advising the Central Government regarding prevention and control of water pollution.
 Coordinating activities of SPCBs and resolving disputes among them.
 Laying down standards for a stream or well in consultation with the State Board.
 Performing function of the State Board where the State Board has defaulted.
 Providing technical assistance and guidance to State Board.
 Publishing technical and statistical data and disseminating information.
 Carrying out and sponsoring investigations and research relating to problems of water
pollution and its prevention.
 Organizing comprehensive programme on prevention and control of water pollution
through mass media.
 The CPCB has the power to issue directions while performing its functions. CPCB also
has the power to issue(restraint) orders regarding closure, prohibition or regulation of
any industry, operation or process; or stoppage or regulation of supply of electricity,
water or any other service.

STATE POLLUTION CONTROL BOARDS:

The SPCB like the CPCB is also a body corporate under the Water Act with perpetual
succession and a common seal. Subject to the provisions of the Water Act, SPCB has
also the power to acquire, hold and dispose of property, to contract and may also by its
name sue or be sued. The members of the State Boards are also public servants. The
Union Territories do not have SPCBs. They are governed by CPCBs whose powers
may be delegated wholly or partly to any person or body by the Central Government.
The SPCB is composed of a Chairperson, five representatives of the State Government
five members of the local authorities, representatives of agriculture, fishery or industry
or trade as nominated by the State Government, two persons representing the State
Government owned, controlled or managed companies and one full-time member-
secretary.

Functions of the State Pollution Control Board (SPCBs):

The SPCBs perform the following functions:

 Planning a comprehensive programme for prevention, control and abatement of
pollution of streams and wells in states.
 Advising the State Government or matters relating to prevention, control and abatement
of water pollution.
 Laying down a set standard for effluent/sewage discharges.
 Evolving methods of utilization of sewage and suitable trade effluents in agriculture as
also their disposal on land.
 Inspecting sewage or trade effluents, works and plants for the treatment of sewage and
trade effluents for granting the consent.
 Collecting the disseminating information relating to prevention, control and abatement
of water pollution.
 NATIONAL WATER POLICIES

The first National Water Policy (NWP) was adopted in September,1987 which has
been subsequently reviewed and updated as there were a number of issues and challenges
which emerged during the course of time in the development and management of the water
resources in 2002 by the National Water Resources Council. NWP aims at setting water
allocation priorities as drinking water, irrigation, hydro power, ecology, agro-industries and
non-participation of beneficiaries and other stake holders should be encouraged ground water
is necessary. Awareness must be created about water being plan shall be formulated every two
years.

India adopted the National Water Policy (2012) on December 28,2012. The policy aims at
addressing concerns such as the scarcity of water and its distribution. The emphasis is on the
integrated approach in planning, management and use of water resources. Conservation of river
corridors, water bodies and infrastructure should be undertaken in a scientifically planned
manner through community participation.

GROUND WATER REGULATIONS:

Use of ground water for drinking, industrial as well as irrigation purposes has increased during
the last two decades. Haphazard withdrawal of ground water poses the risk of aquifers going
dry in various parts of the country. Under section 3(3) of the Environment (Protection) Act,
1986 Central Ground Water Authority has been constituted to regulate and control the
development and management of ground water resources in the country. It regulates the
withdrawal of ground water by industrial/projects.
CONCLUDING REMARKS:

Water Act, 1974 deals with the prevention and control of water pollution, but does not provide
right to provide water to the citizens. The aim of policy framework should be on developing an
environment where water is available for all and is utilized in a sustainable manner so that safe
drinking water is available for sustenance requirements, including agriculture, industrial usage
and most importantly for ecosystem services. It is important to note that India has only 4
percent of global water resources, but 16 percent of the world’s population. The measures to
control water pollution should be adopted which include strict adherence to the laws,
installation of water treatment plants at every industrial establishment, conservation of rain-
water in reservoirs and capacity building for the same. Most importantly, community
participation is a must.