Water Act: Concerns with latest changes indicate need for more comprehensive water governance

India’s rapid development has strained its water resources, leading to pollution and growing water stress. In response, the Union government in 2024 introduced major amendments to the Water Act of 1974, proposing significant changes in penal provisions and greater control of the centre over the selection of top officials in state boards.

These amendments have sparked nationwide controversy, with critics arguing they are insufficient to address the water crisis. Others hope the amendments will improve water pollution control in India.

In response to these complexities, the Centre for Science and Environment conducted a webinar, The Journey of India's Water Act and the Way Forward, on June 12, 2024 with key speakers Sujith Koonan, JS Kamyotra and Vijai Singhal to discuss the act, its recent amendments and potential solutions for India's water woes.

They aimed to provide insights into the future of water pollution control and identify effective strategies to address the country's water crisis.

Historical perspective

The origins of the Water Act can be traced back to the late 1960s, said Sujith Koonan, associate professor, Jawaharlal Nehru University. It was a product of a global environmental awakening in the 1960s, with India playing a pivotal role, he added.

The groundwork for the act began post industrialisation, influenced by the significant events like the 1972 Stockholm Conference. Enacted in 1974, the Water Act marked a significant step toward centralising water pollution control in India. The act established pollution control boards with extensive powers to enforce compliance, including issuing closure orders for non-compliance.

Despite these robust legal frameworks, the effectiveness of the Water Act has been limited by various challenges. An increase in public interest litigations since the 1980s indicated that existing laws may not provide sufficient mechanisms for individuals or communities to address pollution issues, Koonan noted.

Challenges, need for reform

JS Kamyotra, member of EAC Industry II, MoEF&CC and former member secretary of the Central Pollution Control Board, discussed the challenges faced by the board in implementing the Water Act. Initially, the focus was on controlling pollution from major industries due to limited capacity and expertise. However, inconsistent board formations and leadership turnover have hindered policy continuity and enforcement.

Additionally, judicial unfamiliarity with environmental issues and variable funding sources have further complicated the effective implementation of the act.

Public interest litigations have played a crucial role in raising awareness and holding industries accountable. However, achieving sustainable development goals requires strengthening institutional capacities, enhancing technical expertise and ensuring stable funding for pollution control efforts.

Case of Rajasthan

Vijai Singhal, former chief environmental engineer, Rajasthan Pollution Control Board, shed light on the specific challenges faced by Rajasthan, a water-deficient state heavily reliant on groundwater. The state hosts numerous small-scale water-polluting industries, particularly in textile processing, which often cannot afford individual effluent treatment plants. While common effluent treatment plants have been established, they have largely failed due to poor management and technical capacity.

In addition, Rajasthan struggles with inadequate sewage treatment infrastructure. Many sewage treatment plants fail to meet standards, resulting in untreated sewage contaminating groundwater.

Political interference and lack of autonomy further exacerbate these issues, highlighting the need for stronger policies and better management to ensure compliance.

2024 amendments: Opportunities & concerns

The 2024 amendments to the Water Act introduced several significant changes, including capping penalties for environmental violations and transferring adjudication from pollution control boards to designated officers. These changes, according to Singhal, may limit the boards' enforcement powers, potentially reducing the deterrent effect on polluting industries.

The National Green Tribunal (NGT) plays a pivotal role in shaping water governance in India. Established in 2010, the NGT primarily functions as a dispute resolution body, addressing petitions related to environmental violations. While its decisions have been instrumental in addressing specific grievances, NGT's role in broader environmental and policy frameworks remains complex and occasionally controversial.

Way forward

The Water Act has been a cornerstone of India's environmental legislation since 1974, but its impact has been constrained by various challenges. The recent amendments aim to streamline regulatory processes and improve pollution abatement. However, effective implementation will require uniform guidelines, clear mechanisms for utilising environmental compensation funds and technically proficient leadership in pollution control boards.

Strengthening the financial and operational autonomy of state pollution control boards is crucial. Public participation should be integrated into the pollution control framework to enhance monitoring and enforcement efforts. As India continues to develop rapidly, it is essential to advance pollution control infrastructure, technology and human resource.

There is, thus, a pressing need for a more comprehensive approach to water governance in India. This includes shifting from end-of-the-pipe treatments to a holistic environmental management act that embraces sustainable development, resource efficiency and comprehensive pollution control.