Succinct Study of Water Laws in India

Author: Mauli Bisen

Water may be a colorless liquid bearing the scientific formula H2O. It's altogether one amongst one in every of"> one among those rare substances found in all three states of matter, i.e. solid (in the shape of ice), liquid (in the shape of water), and gas (in the shape of water vapors). About 70 you look after the earth’s surface is roofed with water. It's indeed the foremost precious gift of nature to earth, but we as a people aren't ready to utilize it properly.

Need for conservation and Water laws

It is indeed said that what we easily get we don't value it or look after it. We rather than efficiently using water began to over-utilize it. We didn't stop here; we even polluted the water to such an extent that it can't be used for drinking or maybe for irrigation purposes. Farmers dug tubewells stupidly about the need and used the water for irrigation. As a result of this water level has reached right down to a dangerous level. Even now, a substantial portion of the population doesn't have access to wash beverages, and therefore the situation goes to worse if we don't awake now. The experts say that the Third World war is going to be for water.

Water laws in India

India, before achieving independence from Britishers, made a couple of regulations to regulate the fouling of waters. Though most of them addressed preventing and controlling pollution, those laws proved to be inefficient to stop pollution. the matter saw a big rise after the utilization of pesticides, fertilizers, etc. to extend agricultural needs. A committee regarding an equivalent was formed in October 1962. The working of the committee was slow, and legislation was framed within the year 1974 referred to as ‘Water (Prevention and Control of Pollution) Act, 1974.’

Water (Prevention and Control of Pollution) Act, 1974

This Act was made with the thing to stop and control pollution and maintain the wholesomeness of water. The Act provides the establishment of State and Central Pollution Control Policy Boards. Section 16 and 17 of the Act talks about the functions of Central and State Boards respectively, which mainly include advising government, co-coordinating, organizing programs, laying down standards, planning, etc. The Boards have also been equipped with many powers.

Constitutional Perspective

1. Article 19(6) – The State is empowered to form any law within the interest of individuals. it's going to even put restrictions on exercising profession which can be affecting public life, like water being polluted by industry.

2. Article 21 – Right to the wholesome environment is a component of Article 21. Getting a clean beverage may be a part of it, and therefore the Government must ensure this supply.

3. Article 48-A – It gives the State the duty to guard and improve the environment by providing a pollution-free environment and clean water.

4. Article 51-A (g) – It imposes a requirement on the people of India to act for environment protection, including Rivers, water lakes, etc. UDHR also talks about it.

5. Article 253 – Parliament can make laws to implement a world treaty. These treaties are mainly associated with the environment, including providing clean beverage to everyone.

Tortuous Liability

1. Nuisance

Public Nuisance – it's both torts also as a crime. it's an unreasonable restriction caused to the overall public either thanks to the discharge of effluents or polluted water.

Private Nuisance – it's generally associated with a private who cannot exercise the proper of enjoyment over property either thanks to the discharge of effluents, smell thanks to polluted water, etc.

2. Negligence – It results from a breach of duty. This provision is applied in those cases where the industries while using water neglects to form sewage water treatment plants or wrongfully turning the direction of river water for themselves. However, over time, this principle became insufficient. There was a requirement to develop new norms.

3. Strict liability – this idea says that an individual is going to be liable if he causes damage to the environment by his or her action or omission. This provision springs from English law.

4. Absolute liability – A trend was seen that the doctrine of strict liability governed most of the cases associated with environmental torts, but this trend changed when the Hon’ble Supreme Court within the case of M.C. Mehta v. UOI, deviated from the above-said principle and implemented absolutely the liability system. This principle is operated with none exception. So, if any enterprise or industry pollutes water and makes it hazardous, they're going to be absolutely liable.

Criminal Liabilities

1. Under Indian legal code – Chapter XIV of IPC affects it. These provisions are for public health. These provisions may help in preventing environmental pollution especially pollution. Relevant sections could also be Section 268 to 294-A.

Section 268 talks about common nuisance. So, all the matters which relate to the environment and its pollution in any form by any act or omission by a person, thereby causing a threat to public life are going to be considered as a common nuisance.

2. Under Criminal Procedure Code – Section 133 to 144 deals with things of a common nuisance that when can a case be brought in such a situation. It must be remembered that the majority of the cases which are filed under IPC regarding common nuisance are addressed in section 133 of the Cr.P.C.

Suggestions

It is well said that every drop helps to fill the vessels, so it's true with our efforts to save lots of water. Even a little step taken may convince be a turning event to save lots of water. Though our small steps wouldn't have an outsized impact on society, it's going to give us the satisfaction of performing an honest job.

Efforts are being made by the govt also as individuals to save lots of water. a number of the subsequent suggestions could also be taken into consideration:

1. the primary and foremost thing or suggestion is to develop a habit of saving water. it's said that once we brush or take a shower, we waste tons of unpolluted water which can be used for other purposes. Over showers or pipes, a bucket is preferred.

2. Reusing the water is different to conserve the water and minimize its use. Water might be reused to water the plants.

3. Use of sewage water treatment plants by industries could also be made mandatory because the industries contribute most to the pollution in water.

4. we'd like to adopt good habits or learn the higher use of water. we should always specialize in collecting rainwater the maximum amount as we will. It's sufficient for a year. We could learn this practice from Israel, which has shown us that if rainwater is appropriately conserved, there'll be no shortage of water.

5. we'd like to vary our irrigation methods. we should always specialize in drip irrigation methods to water the plants in fields because it saves an enormous amount of water.

Conclusion

It often said that we've enough laws on water (either associated with conservation or preventing pollution). We rather than making news laws must specialize in implementing the already existing laws. The government is trying best to enforce those laws, but lack of will is making things somewhat difficult. We at a private level also are careless when it involves saving water. We always see water as our fundamental right, but we hardly think that preserving it's our fundamental duty. we'd like to ask ourselves and therefore the government that why are we unable to use science and technology to supply clean water to all or any, why cannot we minimize the utilization of water, why we are lagging behind in conservation. So, if we don't start now, it'll be too late to regret it.

1. https://www.usgs.gov/special-topic/water-science-school/science/water-you-water-and-human-body#:~:text=Water%20is%20of%20major%20importance,lungs%20are%20about%2083%25%20water.

2. https://indiankanoon.org/doc/237570/

3. https://indiankanoon.org/doc/867156/

4.http://www.legalserviceindia.com/articles/ptdoc.htm#:~:text=Basically%2C%20the%20ancient%20Roman%20Empire,Doctrine%20of%20the%20Public%20Trust.&text=The%20doctrine%20enjoins%20upon%20the,private%20ownership%20or%20commercial%20purposes.

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