The Water Act, 1974 represents India's first comprehensive statutory effort to manage and control environmental pollution across the nation's water systems.
1. Background & Purpose
The Water Act was enacted under Article 252(1) of the Constitution, which allows Parliament to legislate on state subjects (like water and public health) when two or more State Legislatures pass resolutions requesting such a law. The primary objective is to maintain or restore the wholesomeness of water.
2. Statutory Definition of Water Pollution: Section 2(e)
Under Section 2(e), water pollution is defined as:
"Such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water as is likely to create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms."
3. Pollution Control Boards: Structure & Consent Mechanism
The Act established a dual regulatory structure:
- Central Pollution Control Board (CPCB) (Section 3): Coordinates State Boards, provides technical guidance, and sets national water quality standards.
- State Pollution Control Board (SPCB) (Section 4): Grants or refuses Consent to Establish (CTE) and Consent to Operate (CTO) under Sections 25 and 26 for any new industrial outlets discharging trade or sewage effluent.
- Emergency Powers (Section 33A): Empower State Boards to issue direct orders to close down any non-compliant industry or cut off its water and electricity supply.