The word ‘pollution’ is derived from the Latin terms “pollutio” or “pollutionis”. So the word “pollute” means to spoil, to make foul, to make unclean, or to make impure. According to the International Law Association pollution means any introduction by man, directly or indirectly, of substance or energy into the environment, resulting in deleterious[2] effects of such a nature as to endanger human health, harm living resources, Eco-systems[3], material property, impair amenities or interfere with other legitimate uses of the environment.

Man is surrounded by the environment. Man’s life depends upon the environment. Water, air, and soil are the fundamental necessities for living beings. Men started exploiting natural resources for their own use. However, after the industrial revolution in the 19th Century, men started exploiting natural resources madly for their own development, affecting the environment adversely by environmental pollution.

70% of India’s population drinks polluted water; fertilisers[4] (chemicals) are used in farming to increase yields, forcing men to eat poison. The air is polluted by industries, vehicles, atomic wastes, etc.

The following are the major types of pollution: –

Water pollution[5]
Air pollution[6]
Noise pollution[7]
Soil Waste pollution[8]
Land pollution[9]
Mine pollution[10]
Radiation pollution[11]
Thermal pollution[12]

Several laws have been passed in India, and conventions have taken place internationally. The most important laws passed in India are the Environment (Protection) Act, 1986; the Water Prevention and Control of Pollution Act, 1974; the Air Prevention and Control of Pollution Act, 1981; the Wild Life Protection Act, 1972; and the Insecticides Act, 1968.

We will discuss these laws on different topics.

THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT.1974: –

This Act is passed to provide for the prevention and control of water pollution and

for maintaining or restoring the wholesomeness of water, etc.

I] DFINITIONS:-

1) Water Pollution[13] [S.2 (e)]: –

“Water Pollution” means (i) such contamination[14] of water or (ii) such alteration[15] of the physical, chemical or biological properties[16] of water, or (iii) such discharge of any sewage[17] or trade effluent or any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may “or is likely to create (i) a nuisance or (ii) render such water harmful or injurious to public health or safety, or (iii) to domestic, commercial, industrial, agricultural or other legitimate uses, or (iv) to the life and health of animals or plants or of aquatic organisms”.

2) “Stream[18]” [S.2 (j)]:-

Stream includes-

river
watercourse[19] (whether flowing or, for the time being, dry)
inland water (whether natural or artificial)
subterranean waters
Sea or idle waters to such extent or, as the case may be, to such a point as the State Government may, by notification in the official gazette, specify on this behalf.

3) Board [S.2 (a)]:-

Board means ‘Central Board’ or a ‘State Board’.

II] WATER POLLUTION PREVENTION AND CONTROL AGENCIES OR

BOARDS[20]

The Act has made provisions for the constitution of the Central Board, State Board, and joint Boards to control and prevent water pollution. The Central and State Boards constituted under this Act also perform functions mentioned under The Air (prevention and control of pollution) Act. 1991. In other words, there are no separate Central and State Boards constituted under the Air (Prevention and Control of Pollution) Act. 1991.

A) Constitution of Central Pollution Control Board[21] (S. 3):-

1) Definition [S. 2(b)]:-

“Central Board” means the Central Pollution Control Board Constituted under S.3.

2) Composition of the Board[22]:-

All dignitaries and members of the Central Board are nominated by the Central Government. The Board shall consist of the following. viz.

a) a full-time Chairman	Who shall have special knowledge or practical experience in respect of a matter relating to environmental protection or a person having knowledge or experience in administering institutions dealing with matters aforesaid.
b) such number of officials, not exceeding five	To represent the Central Government
c) not more than five members	From amongst the members representing local authorities within the State.
d) not exceeding three non-official members	To be nominated by the Central Government to represent the interests of agriculture, fishery industry, trade or any other interest, in the opinion of the Central government, ought to be represented;
e) two persons	To represent the companies or corporations owned, controlled or managed by the Central Government
f) a full-time member secretary,	Possessing qualifications, knowledge, and experience in scientific engineering and management of aspects of pollution control.

3) Status of a Board as a Body Corporate[23]:-

The Central Board shall be a body corporate by the same name, having perpetual[24] succession and a common seal with power subject to provisions of this Act to acquire[25], hold and dispose of property and contract. It may, in the name of the Central Board, sue[26] or be sued. The Central Board is thus a legal person.

4) Powers and Functions of the Board (S. 16):-

The Central Board performs the following functions-

i) to promote cleanliness[27] of streams and wells in different areas of the States.
ii) to advise the Central Government on any matter concerning the prevention and control of water pollution.

(iii) to coordinate[28] the activities of State Boards and resolve disputes among them.

(iv) to provide technical assistance and guidance[29] to the State Boards, carry out and sponsor investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution.

(v) to plan and organise the training[30] of persons engaged or to be engaged in programmes for the prevention, control or abatement of water pollution on such terms and conditions as the Central Government specifies.

(vi) to organize through mass media a comprehensive programme[31] regarding the prevention and control of water pollution.

(vii) to Perform such of the functions of the State Board as may be specified in an order made under S. 18 (2).

(viii) to collect, compile and publish technical and statistical data[32] relating to water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to the treatment and disposal of sewage and trade effluents and disseminate[33] information connected therewith.

(ix) lay down, modify or annul[34], in consultation with the State Government concerned, the standards for a stream or well.

(x) to plan and cause to be executed[35] a nationwide programme for the prevention, control or abatement of water pollution.

(xi) to perform such other functions as may be prescribed.

(xii) to establish or recognise a laboratory[36] or laboratories to enable the Board to perform its functions efficiently.

B) Constitution of State Pollution Control Board [37](S. 4):-

The State Government constitutes the State Pollution Control Board to carry on the object of this Act.

1) Composition of the State Board (S. 4):-

The state government nominates the dignitaries and members of the State Board. The Board consists of the following.

a) Chairman (may be full-time or part-time as per the decision of the State)	Who shall have special knowledge or practical experience in respect of a matter relating to environmental protection or a person having knowledge or experience in administering institutions dealing with matters aforesaid.
b) such number of officials, not exceeding five	To represent the State Government
c) not more than five members	From amongst the members representing local authorities within the State.
d) not exceeding three non-official members	To be nominated by the State Government to represent the interests of agriculture, fishery or industry or trade or any other interest, in the opinion of the Central government, ought to be represented;
e) two persons	To represent the companies or corporations owned, controlled or managed by the State Government
f) a full-time member secretary,	Possessing qualifications, knowledge, and experience in scientific engineering and management of aspects of pollution control.

2) Status of a Body Corporate:-

The State Board shall be a body corporate by the same name, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold, and dispose of property, to contract, etc. It may sue or be sued in the name of the Central Board. Thus, the Central Board is a legal person.

3) Functions of the State Board (S. 17):-

The State Board carries the following functions, viz.

i) to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the States.
ii) to advise the State Government on any matter concerning the prevention and control of water pollution.

(iii) to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof.

(iv) to encourage, conduct and participate in investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution.

(v) to collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to the prevention, control, and abatement of water pollution and to organise mass education programmes relating thereto.

(vi) to inspect sewage or trade effluent, works and plants for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants set up for the treatment of water, work for the purification thereof and the system of the disposal of sewage or trade effluents or in connection with the grant of any consent as required by this Act.

(vii) to lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving (not being water in an interstate stream) resulting from the discharge of effluents and to classify waters of the State.

(viii) to evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soils, climate and water resources of different regions and, more especially, the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution.

(ix) to evolve methods of utilisation of sewage and suitable trade effluents in agriculture.

(x) to evolve efficient methods of disposal of sewage and trade effluents of land as are necessary on account of the predominant conditions of scant stream flows that do not provide for a major part of the year minimum degree of dilution.

(xi) to lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream, taking into account the minimum fair weather dilution available in that stream and the tolerance limits of pollution permissible in the water of the stream, after the discharge of such effluents.

(xii) to make, vary or revoke[38] any order for prevention, control or abatement of discharges of waste into streams or wells.

(xiii) to lay down effluent standards to be complied with by persons while causing discharge or sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents.

(xiv) to advise the State Government with respect to the location of any industry carrying on which is likely to pollute a stream or well.

(xv) to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government.

III] PENALTIES[39]

1) Failure to Comply with Directions (S.41):-

Whoever fails to comply with any direction given under Ss. (2) or Ss. (3) of S. 20[40] within such time as may be specified in the direction shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with a fine which may extend to ten thousand rupees or with both and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.
Whoever fails to comply with any order issued under clause (c) of Ss. (1) of 32[41] or any directions issued by a Court under Ss. (2) of S. 33[42] or any direction under S.33A shall, in respect of each such failure and on conviction, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.
If the failure referred to in sub-section (2) of S. 33 and S. 33 (A) continues beyond a period of one year after the date of conviction, the offender shall, on conviction, be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.

2) Penalty for Certain Acts (S.42):-

Whoever destroys, pulls down, removes, injures or defaces[43] any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or
Obstructs[44] any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or
Damages any work or property belonging to the Board, or
Fails to furnish to any officer or other employee of the Board any information required by him for this act, or
Fails to intimate the occurrence of any accident or other unforeseen act or event under S.31 to the Board and other authorities or agencies as required by that section, or
In giving any information which he is required to give under this Act, knowingly or willfully makes a statement which is false in any material particular, or
For the purpose of obtaining any consent under S. 25 or S. 26, knowingly or willfully makes a statement which is false in any material particular.

Shall be punishable with imprisonment for a term which may extend to three months or with a fine which may extend to (ten thousand rupees) or with both.

Where the grant of consent in pursuance[45] of the provisions of S. 25 or S. 26 the use of a metre or gauge or other measure or monitoring device is required and such device is used for the purposes of those provisions, any person who knowingly or willfully alters or interferes with that device so as to prevent it from monitoring or measuring correctly shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to (ten thousand rupees) or with both.

3) Penalty for Contravention of Provisions of S. 24:-

Whoever contravenes the provisions of S.24 shall be punishable with imprisonment for a term which shall not be less than (one year and six months) but which may extend to six years and with a fine.

4) Penalty for Contravention[46] of S. 25 or S. 26:-

Whoever contravenes the provisions of S.25 or S.26 shall be punishable with imprisonment for a term which shall not be less than (one year and six months) but which may extend to six years and with a fine.

5) Enhanced Penalty[47] after Previous Conviction under S. 24, S. 25 and S. 26:-

If any person who has been convicted of any offence under S.24, S.25, and S.26 is again found guilty of an offence involving a contravention of the same provision, he shall, on the second and very subsequent conviction, be punished with imprisonment for a term which shall not be less than (two years) but which may extend to seven years and with fine.

Provided that for this section no cognisance[48] shall be taken of any conviction made more than two years before the commission of the offence which is being punished.

6) Penalty for Contravention of Certain Provisions of the Act. (S.45-A):-

Whoever contravenes any of the provisions of this Act or fails to comply with any order or direction given under this Act for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment up to three months or with a fine up to ten thousand rupees or with both, and in case of a continuing failure, with an additional fine up to five thousand rupees for every day during which such contravention or failure continues after conviction for the first such contravention or failure.

7) Offences by Companies[49] (S.47):-

a) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed[50] to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

b) Notwithstanding anything contained in Ss. (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent[51] or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or another officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation: – for the purposes of this section,-

i) “Company” means any body corporate, and includes a firm or other association of

individuals; and

ii) “Director” in relation to a firm means a partner in the firm.

8) Offences by Government Departments (S.48):-

Where an offence under this Act has been committed by any Department of Government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

*****

[1] जल (प्रदूषण प्रतिबंध व नियंत्रण)अधिनियम १९७४ [जल (रोकथाम और प्रदूषण नियंत्रण) अधिनियम 1974]

[2] वाईट [हानिकारक]

[3] पर्यावरण [पारिस्थितिकी के सिस्टम]

[4] खते [उर्वरक]

[5] जल प्रदूषण. [जल प्रदूषण]

[6] वायू प्रदूषण [वायु प्रदूषण]

[7] आवाजाचे प्रदूषण [ध्वनि प्रदूषण]

[8] टाकाऊ पदार्थानमुळे जमीनीचे प्रदूषण [मृदा अपशिष्ट प्रदूषण]

[9] जमीन प्रदूषण. [जमीन प्रदुषण]

[10] खाण प्रदूषण. [खान प्रदूषण]

[11] किरणोत्सर्गाणे प्रदूषण [विकिरण प्रदूषण]

[12] औश्णिक प्रदूषण. [ऊष्मीय प्रदूषण]

[13] जल प्रदुषण म्हणजे जल अशा प्रकारे (१) दूषीत करने, अथवा (२) त्याच्या भैतीक़, रासायणीक अथवा जैविक गुनधर्मात बदल करणे, अथवा(३) त्यामध्ये मैला़, सांडपाणी अथवा इतर द्रव़वायुरूप अथवा घण पदार्थ घटक सोडने, की ज्यामुळ (अ)उपद्रव निर्माण होन्याची शक्यता असते, किंवा (ब) असे प्रदूषीत जल (i) सर्वासामान्य आरोग्यास व सुरक्षेस अपायकारक होते, (II) घरगूती़, व्यावसायीक, औद्योगिक, कृषी अथवा इतर योग्य वापरास अपायकारक होते, अथवा (iii) प्रण्यांच्या़, वृक्षांच्या अथवा जलचरांचे जिवनास अथवा अरोग्यास अपायकारक होते. [“जल प्रदूषण” का अर्थ है (i) पानी का ऐसा प्रदूषण या (ii) पानी के भौतिक, रासायनिक या जैविक गुणों का ऐसा परिवर्तन, या (iii) किसी भी सीवेज या व्यापार प्रवाह या किसी अन्य तरल, गैसीय या ठोस पदार्थ का ऐसा निर्वहन पानी में (चाहे प्रत्यक्ष या अप्रत्यक्ष रूप से) हो सकता है “या (i) एक उपद्रव या (ii) ऐसे पानी को सार्वजनिक स्वास्थ्य या सुरक्षा के लिए हानिकारक या हानिकारक बना सकता है, या (iii) घरेलू, वाणिज्यिक, औद्योगिक, कृषि या अन्य वैध उपयोग, या (iv) जानवरों या पौधों या जलीय जीवों के जीवन और स्वास्थ्य के लिए।]

[14] दुषित करणे [दूषितकरण]

[15] बदल [तबदीली]

[16] गुणधर्म

[17] घाण [मैला]

[18] नैसर्गिक प्रवाह [स्ट्रीम में शामिल हैं-

(i. नदी

(ii. जलकुंड (चाहे बह रहा हो या कुछ समय के लिए सूखा हो)

(iii) अंतर्देशीय जल (चाहे प्राकृतिक हो या कृत्रिम)

(iv) भूमिगत जल

(v) समुद्र या बेकार पानी, जैसा भी मामला हो, उस बिंदु तक, जैसा कि राज्य सरकार, आधिकारिक राजपत्र में अधिसूचना द्वारा, इस संबंध में निर्दिष्ट कर सकती है।]

[19] पाण्याचा मार्ग [धारा]

[20] जल प्रदूषण प्रतिबंध व नियंत्रण व्यवस्था/ केंद्रीय व रााज्य मंडळे [जल प्रदूषण निवारण और नियंत्रण एजेंसियां या बोर्डों]

[21] केंद्रीय प्रदूषण नियंत्रन मंडळ [केंद्रीय प्रदूषण नियंत्रण बोर्ड]

[22] मंडळाची रचना [बोर्ड की संरचना]

[23] मंडळाचा दर्जा हा “नोदनीकृत व्यक्तीसारखा” असेल [एक निगमित निकाय के रूप में बोर्ड की स्थिति]

[24] कायम [नित्य]

[25] मिळवणे [प्राप्त करना]

[26] दावा करणे [मुक़दमा चलाना]

[27] स्वच्छतेस हतभार लावणे [स्वच्छता को बढ़ावा दें]

[28] विवीध राज्य व मंडळांच्यात समन्वय साधणे [समन्वय]

[29] तांत्रीक साहय्य व मार्गदर्शन [तकनीकी सहायता और मार्गदर्शन प्रदान करणा]

[30] प्रक्षिशनाचे नियोजण व आयोजण [प्रशिक्षण की योजना बनाना और व्यवस्थित करना]

[31] सर्वागिण कार्यक्रम आयोजण [व्यापक कार्यक्रम]

[32] तांत्रीक व सांखिकी माहीती जमा व प्रकााषन करणे [तकनीकी और सांख्यिकीय डेटा एकत्र करने, संकलित करने और प्रकाशित करने के लिए]

[33] प्राचार किंवा प्रसार [फैलाना]

[34] तयार करने अथवा दूरूस्त करणे अथवा रदद्र करने [तैयार करना, संशोधित करना या रद्द करना].

[35] नियोजण व अंम्मलबजावणी [योजना बनाने और क्रियान्वित करने का कारण]

[36] प्रयोग शाळांची स्थापणा [एक प्रयोगशाला स्थापित करना]

[37] राज्य मंडळाची स्थापणा [राज्य प्रदूषण नियंत्रण बोर्ड का गठन]

[38] रद् करणे [रद्द करना]

[39] शिक्षा [दंड]

[40] S. 20 -Whoever refuses to give the information regarding the Water (Prevention and Control of Pollution) and whoever discharges the sewage or trade effluent into any such stream or well and whoever carries on polluting the water but gives wrong information to the State Board.

[41] S. 32 (1) (c) if occupier continues discharging any poisonous, noxious or polluting matters into the stream or well or on land or making insanitary use of stream or well.

[42] S. 32 (2) and S. 33 A- person / occupier is ordered to close any industry or to stop the operation or the process.

[43] नष्ट करणे़, पाडणे़, काढणे, नुकसाण करणे अथवा विद्रृप करणे [चोट पहुँचाना या बिगाड़ना]

[44] अडथळा करणे [बाधाएं]

[45] च्या अनुषंगाने [अनुसरण]

[46] उल्लंघण [उल्लंघन के लिए दंड]

[47] वाढिव शिक्षा [बढ़ा हुआ जुर्माना]

[48] दखल [संज्ञान]

[49] कंपणीने गुन्हा केल्यास [कंपनियों द्वारा अपराध]

[50] माणने [मानना]

[51] संम्मती [अनुमति]