UNIT IV / VIth SEMESTER / ENVIRONMENTAL LAW

Prevention and Control of Water & Air Pollution: Water Act, 1974 and Air Act, 1981 – Pollution
Control Boards and its powers and functions – offences and penalties – Remedies in case of water and
air pollution – Noise Pollution and its control: Noise Pollution (Regulation & Control) Rules, 2000 –
Wildlife Protection Act, 1972: Hunting – Trade in Animal articles – Authorities under wild life
protection Act – Role of Judiciary on wild life protection – Forest Conservation Act, 1980 – Judicial
approach.

Water (Prevention and Control of Pollution) Act of 1974

 Our constitution, originally, did not contain any direct provision regarding the protection of
the natural environment.
 However, after the United Nations Conference on Human Environment, held
in Stockholm in 1972, the Indian constitution was amended to include protection of
the environment as a constitutional mandate.
 Environment-related legislation came very late in 1972 with Wild Life Protection Act 1971.
 The forty-second amendment (Fundamental Duties) Clause (g) to Article 51A of the
Indian constitution made it a fundamental duty to protect and improve the natural
environment.
 Clause (g) to Article 51A of the Indian constitution states “It shall be the duty of every
citizen of India to protect and improve the natural environment including forests, lakes, rivers,
and wildlife and have compassion for living creatures.”
 There is a directive, given to the State as one of the Directive Principles of State
Policy regarding the protection and improvement of the environment.
 Article 48A states “The State shall endeavor to protect and improve the environment and to
safeguard the forests and wildlife of the country”.
 Article 21 of the Indian Constitution assures the citizens of India the right to a healthy
environment.
 The Department of Environment was established in India in 1980 to ensure a healthy
environment for the country. This later became the Ministry of Environment and Forests
(MoEF) in 1985.

Water (Prevention and Control of Pollution) Act of 1974

 The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for
the prevention and control of water pollution, and for the maintaining or restoring of
wholesomeness of water in the country.
 The Act was amended in 1988.
 The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977, to
provide for the levy and collection of a cess on water consumed by persons operating and
carrying on certain types of industrial activities.
 The Act vests regulatory authority in State Pollution Control Boards to establish and
enforce effluent standards for factories.

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  A Central Pollution Control Board performs the same functions for Union Territories and
formulates policies and coordinates activities of different State Boards.
 The Act grants power to SPCB and CPCB to test equipment and to take the sample for
the purpose of analysis.
 Prior to its amendment in 1988, enforcement under the Act was achieved through criminal
prosecutions initiated by the Boards.
 The 1988 amendment act empowered SPCB and CPCB to close a defaulting industrial
plant.
Water (Prevention and Control of Pollution) Cess Act of 1977
 The Water Cess Act was passed to generate financial resources to meet the expenses of the
Central and State Pollution Boards.
 The Act creates economic incentives for pollution control and requires local authorities and
certain designated industries to pay a cess (tax) for water effluent discharge.
 The Central Government, after deducting the expenses of collection, pays the central
and state boards such sums, as it seems necessary.
 To encourage capital investment in pollution control, the Act gives a polluter a
70% rebate of the applicable cess upon installing effluent treatment equipment.
Central Pollution Control Board (CPCB)
 The Central Pollution Control Board (CPCB), the statutory organization, was constituted in
September 1974 under the Water (Prevention and Control of Pollution) Act, 1974.
 Further, CPCB was entrusted with the powers and functions under the Air (Prevention
and Control of Pollution) Act, 1981.
 The board is led by its chairman, who is nominated by the Central Government.
Functions
It serves as a field formation and also provides technical services to the Ministry of Environment
and Forests of the provisions of the Environment (Protection) Act, 1986.
Principal Functions of the CPCB, as spelled out in the Water (Prevention and Control of Pollution)
Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981,
1. to promote cleanliness of streams and wells in different areas of the States by prevention,
control, and abatement of water pollution, and
2. to improve the quality of air and to prevent, control, or abate air pollution in the country.
Air Quality Monitoring
 Air Quality Monitoring is an important part of air quality management.
 The National Air Monitoring Programme (NAMP) has been established with objectives
to determine the present air quality status and trends and to control and regulate
pollution from industries and other sources to meet the air quality standards.
 It also provides background air quality data needed for industrial siting and town planning.

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  Besides this, CPCB has an automatic monitoring station at ITO Intersection in New
Delhi. At this station, Respirable Suspended Particulate Matter (RSPM), Carbon
Monoxide (CO), Ozone (O3), Sulphur Dioxide (SO2), Nitrogen Dioxide (NO2), and
Suspended Particulate Matter (SPM) are being monitored regularly. This information on
Air Quality at ITO is updated every week.
Water Quality Monitoring (WQM)
 Freshwater is a finite resource essential for use in agriculture, industry, propagation of
wildlife & fisheries, and for human existence.
 India is a riverine country. It has 14 major rivers, 44 medium rivers, and 55 minor rivers
besides numerous lakes, ponds, and wells which are used as primary sources of drinking
water even without treatment.
 Most of the rivers being fed by monsoon rains, which is limited to only three months of
the year, run dry throughout the rest of the year often carrying wastewater discharges
from industries or cities/towns endangering the quality of our scarce water resources.
 The parliament of India in its wisdom enacted the Water (Prevention and Control of
Pollution) Act, 1974 with a view to maintaining and restoring wholesomeness of our water
bodies.
 One of the mandates of CPCB is to collect, collate and disseminate technical and statistical
data relating to water pollution.
 Hence, Water Quality Monitoring (WQM) and Surveillance are of utmost importance.

Major Water Quality Issues

The main source of pollution of rivers is the matter derived from diverse human activities. 
 Pathogenic (Bacteriological) Pollution
 Oxygen Depleting organic pollution
 Salinity
 Toxicity (micro-pollutants and other industrial pollutants)
Surface Water
 Eutrophication
 Oxygen depletion
 Ecological health
Ground Water
 Fluoride
 Nitrate
 Arsenic
 Iron
 Seawater intrusion

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The Air (Prevention and Control of Pollution) Act, 1981
The Air (Prevention and Control of Pollution) Act of 1981, or the Air Act, in short, was a law passed
by the Parliament of India to prevent and control the harmful effects of air pollution in India. This act
is seen as the first concrete step taken by the government of India to combat air pollution.
Why should you read about the Air Act 1981?
 A study has been released in the Lancet Journal in January 2021 about air pollution and its
effects on pregnancy. According to the report, air pollution in India increases the risk of
pregnancy losses in India and a few other nations in South Asia.
 India cities of Delhi, Kolkata and Mumbai make in the list of top 10 world’s most polluted
cities. It has been reported in the recent IQAir’s World Air Quality Report.
 The issue of stubble burning is a recurrent topic in the news.
Why was the Air (Prevention and Control of Pollution) Act of 1981 passed?
The effects of climate change caused by all forms of pollution became all too apparent in the early
1970s. To mitigate their harmful effects it was believed that nations would need to pass their own
laws. Thus during the United Nations General Assembly on Human Environment held in Stockholm
in June 1972, a resolution was passed which implored the nations of the world to preserve natural
resources such as air.
India itself had issues regarding air pollution due to a wide variety of factors such as stubble
burning, improper industrial practices, environmental factors etc. To combat these factors a special
law was enacted under the Constitution of India, which was the Air (Prevention and Control of
Pollution) Act of 1981.
What are the definitions under the Air Act?
The following are the definitions under the Air (Prevention and Control of Pollution) Act.
 Section 2(a) defines an ‘air pollutants’ as any solid liquid or gaseous substance which may
cause harm or damage the environment, humans, plants, animals or even damage property. A
1987 amendment to the act also added ‘noise’ in the list of harmful substances.
 The air act defines ‘air pollution’ as the presence of any dangerous pollutant that makes the
air unbreathable
Section 2 (g) of the Act also set up the Central Pollution Control Board (CPCB) whose powers
extended to the whole of India. To carry out the directives of the CPCB the act also called for the
setting up of the State Pollution Control Board (SPCB) for the individual states of India
Air (Prevention and Control of Pollution) Act 1981 –
Penalties and Procedure under the Air Act
The failure to comply with the Central Pollution Control Board directives would result in
imprisonment of 1 year. It can be extended to 6 years with a fine with the additional fine of 5000Rs
per day added provided the directives are still not met.
For more notes on UPSC Polity, visit the linked article

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Any environmental complaint will only be taken into consideration by a court if it is made by the
following:
 An officer authorised by the CPCB
 A person who has made a complaint to the board or an officer authorised by it. The complaint
must be made within sixty days of the offence committed