Introduction – Background, Meaning and Legislative Purpose
The Water (Prevention and Control of Pollution) Act, 1974 is one of the earliest and most significant environmental legislations enacted in India to address the growing problem of water pollution. The Act was passed in response to increasing industrialization, urbanization, and the discharge of untreated sewage and industrial effluents into rivers, lakes, and other water bodies. It came into force on 23 March 1974 and was enacted to give effect to the resolutions passed at the United Nations Conference on the Human Environment, Stockholm, 1972, reflecting India’s international commitment to environmental protection.
The primary objective of the Act is to prevent and control water pollution and to maintain or restore the wholesomeness of water. It seeks to ensure that water bodies are protected not only for human consumption but also for agricultural use, aquatic life, and ecological balance. The Act adopts a regulatory and preventive approach by establishing pollution control authorities and prescribing consent and monitoring mechanisms.
Scope and Key Concepts under the Act
The Act defines “pollution” under Section 2(e) as the contamination of water or alteration of its physical, chemical, or biological properties in a manner that may be harmful to public health or legitimate uses of water. The term “stream” under Section 2(j) has been given an expansive meaning, including rivers, watercourses, inland waters, subterranean waters, and even sea or tidal waters to such extent as may be specified by the State Government. This wide definition ensures that the Act applies to almost all sources of water pollution.
The concept of “trade effluent,” defined under Section 2(k), includes any liquid, gaseous, or solid substance discharged from industrial premises, which is a major source of water pollution. By clearly defining these terms, the Act provides a strong foundation for regulatory enforcement.
Institutional Framework: Pollution Control Boards
A key feature of the Water Act is the establishment of regulatory authorities known as Pollution Control Boards. The Central Pollution Control Board (CPCB) is constituted under Section 3, while State Pollution Control Boards (SPCBs) are established under Section 4. These Boards are entrusted with the responsibility of planning and executing programs for the prevention and control of water pollution.
The Boards have the power to set water quality standards, advise governments on pollution control, conduct inspections, and collect samples of water and effluents. They also play a crucial role in coordinating between the Central and State Governments to ensure uniform implementation of the Act across the country.
Consent Mechanism and Regulatory Control
One of the most important regulatory tools under the Water Act is the consent mechanism. Section 25 prohibits the establishment or operation of any industry, operation, or process that discharges sewage or trade effluent into a stream, well, or sewer without obtaining prior consent from the State Pollution Control Board. This provision ensures that pollution control measures are incorporated at the planning stage of industrial activity.
The refusal or withdrawal of consent under Section 27 empowers the Board to prevent environmental harm by stopping polluting activities. These provisions highlight the preventive nature of the Act and its emphasis on regulatory compliance rather than post-damage remedies.
Also Read: Introduction to Environmental Law
Prohibition of Pollution and Enforcement Powers
Section 24 of the Act expressly prohibits the use of any stream or well for the disposal of polluting matter. It also restricts any act that may cause pollution of water. This section forms the substantive prohibition against water pollution and serves as the basis for enforcement actions.
The Pollution Control Boards are empowered under Sections 21 and 22 to take samples of water and effluents for analysis. These scientific procedures ensure that enforcement actions are evidence-based and legally sustainable.
Offences, Penalties and Legal Proceedings
The Act prescribes stringent penalties for violations. Under Section 41, failure to comply with provisions such as Sections 24 or 25 may result in imprisonment or fines. Section 47 extends liability to persons in charge of companies, ensuring corporate accountability for water pollution.
Courts can take cognizance of offences upon a complaint made by the Board or by any person who has given prior notice under Section 49, thereby allowing limited citizen participation in enforcement.
Relationship with Fundamental Rights and Other Laws
Judicial interpretation has linked the Water Act with Article 21 of the Constitution, recognizing access to clean water as part of the right to life. The Act operates alongside the Environment (Protection) Act, 1986 and complements it by providing a specialized framework for water pollution control.
Important Case Laws
In Vellore Citizens Welfare Forum v. Union of India (1996), the Supreme Court emphasized the role of pollution control laws, including the Water Act, in enforcing sustainable development and the polluter pays principle. In Paryavaran Suraksha Samiti v. Union of India (2017), the Court directed industries to install effluent treatment plants to prevent water pollution, reinforcing strict compliance with statutory standards.
Earlier, in M.C. Mehta v. Union of India (Ganga Pollution Case), the Supreme Court ordered the closure of polluting tanneries discharging untreated effluents into the river Ganga, highlighting the effectiveness of the Water Act in protecting water bodies.
Recent Developments and Government Measures
Recent judicial directions have focused on strengthening sewage treatment infrastructure, enforcing zero-liquid discharge norms for certain industries, and ensuring real-time monitoring of effluent discharge. Pollution Control Boards have increasingly adopted technology-based compliance mechanisms under the framework of the Water Act.
Mind Map – Text-Based Summary
Water (Prevention and Control of Pollution) Act, 1974
│
├── Objective – Prevent & Control Water Pollution
├── Definitions – Pollution, Stream, Trade Effluent
├── Institutions – CPCB & SPCBs
├── Regulation – Consent Mechanism (Sec. 25)
├── Prohibition – Pollution of Streams (Sec. 24)
├── Penalties – Secs. 41 & 47
└── Judicial Enforcement – Landmark Cases
Situation-Based Questions and Answers
If an industry discharges untreated effluents into a river without consent, action can be taken under Sections 24 and 25, including closure of the unit. If a Pollution Control Board withdraws consent due to repeated violations, such action is valid under Section 27. Citizens affected by water pollution may approach courts by following the procedure under Section 49.
