Unit :2

Water (Prevention and Control of Pollution) Act 1974 

The Water (Prevention and Control of Pollution) Act, 1974 is an Indian legislation that aims to prevent and control water pollution in the country. It provides for the establishment of a Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to monitor and regulate the discharge of pollutants into water bodies.

The Act also gives the CPCB and SPCBs the authority to set standards for the quality of water and to take action against those who violate the standards. Additionally, the Act requires industries and other polluting entities to obtain consent from the CPCB or SPCB before discharging pollutants into water bodies. Overall, the act provides the legal framework for protecting and preserving water resources in India. 

Familiarization with important sections and clauses of Act : 

The Water (Prevention and Control of Pollution) Act, 1974 has several important sections and clauses that are relevant for preventing and controlling water pollution in India. Some of the key sections and clauses include:

Section 3: Establishes the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to monitor and regulate water pollution in the country. 

Section 17: Requires industries and other polluting entities to obtain consent from the CPCB or SPCB before discharging pollutants into water bodies.

Section 18: Gives the CPCB and SPCBs the authority to set standards for the quality of water and to take action against those who violate the standards.

Section 19: Provides for penalties and fines for those who violate the provisions of the Act or the orders of the CPCB or SPCBs.

Section 25: Allows the government to make rules to implement the provisions of the Act.

Section 33A: Provides for the constitution of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.

Section 34: Empowers the Central Government to take steps to abate pollution and to take such other steps as it may consider necessary for the protection and improvement of the quality of water in any stream or well. 

Lacunae : 

The Water (Prevention and Control of Pollution) Act, 1974 is an important legislation that aims to prevent and control water pollution in India. However, there are certain lacunae or gaps in the Act that have been identified over time:

Limited Enforcement: Some studies have suggested that enforcement of the Act is weak, and that many industries and other polluting entities are able to operate without obtaining the necessary consent from the CPCB or SPCB. 

Lack Of Monitoring: There have been criticisms that the CPCB and SPCBs lack the capacity to effectively monitor and regulate water pollution in the country.

Limited Penalties: The penalties and fines provided under the Act have been criticized as being too low to act as a deterrent to polluters.

Limited Scope: The act primarily focuses on point sources of pollution, such as industries and sewage treatment plants, and does not address non-point sources of pollution, such as agricultural runoff and urban stormwater.

Lack Of Public Participation: There is limited scope for public participation in the decision-making processes related to water pollution control and management under the Act.

Limited Focus On Groundwater: The act primarily focuses on surface water pollution and has limited provisions for protection and management of groundwater resources.

These are some of the lacunae identified in the act. However, it's worth noting that these issues are not specific to Water (Prevention and Control of Pollution) Act, 1974, but are found in other environmental laws and regulations in India as well.