Rajya Sabha's Bill to decriminalise some offences of water pollution

New Delhi: Rajya Sabha on Tuesday passed a bill to decriminalise minor offences related to water pollution. The Bill could enable the Centre to prescribe service conditions for chairpersons of State Pollution Control Boards and exempt certain categories of industrial plants from statutory restrictions, PTI reported.

Piloting the Water (Prevention and Control of Pollution) Amendment Bill 2024 in the Upper House of Parliament, Union Environment Minister Bhupender Yadav said that development and environmental protection must go together. There should be harmony in ease of living and ease of doing business, he added.

Replying to a debate on the Bill, the minister said its provisions will lead to greater transparency in dealing with various issues related to water pollution.

The Bill, which seeks to amend the Water (Prevention and Control of Pollution) Act of 1974, was approved by the Rajya Sabha by voice vote.

According to the statement of objects and reasons of the Bill, the amendment proposes to rationalise criminal provisions and ensure that citizens, businesses and companies operate without fear of imprisonment for minor, technical or procedural defaults.

Also, the nature of the penal consequence of an offence must be commensurate with the seriousness of the offence, it added.

According to the Bill, the central government will be empowered to exempt certain categories of industrial plants from the application of section 25 relating to restrictions on new outlets and new discharges.

"This will reduce the duplication of surveillance and unnecessary burden on regulatory agencies," Yadav said.

According to the proposed law, the central government will prescribe the manner of nomination of chairpersons of State Pollution Control Boards. It also empowers the central government to issue guidelines on the matters relating to the grant, refusal or cancellation of consent by any state board for the establishment of any industry, operation or process, or treatment and disposal system or bringing into use of new or altered outlets.

The Bill also seeks to decriminalise minor offences and replace them with monetary penalties in case of continuation of contravention.

Introducing the Bill earlier, the minister said it would not only give impetus to industries but also help in environmental protection.

It will streamline the appointment of chairpersons of State Pollution Control Boards and allow the central government to prescribe the manner of nomination and the terms and conditions of service.

This amendment will provide certain mandatory qualifications, experience, and procedures to ensure the fair appointment of chairpersons, Yadav said.

Parliament has already amended the Air Act, incorporating provisions similar to the proposed Bill.

"Amendments in the Water Act are also necessary to make in line with the Air Act, as both laws contain similar provisions," he said.

Water is a state subject under the Constitution, so it was not considered in the Jan Vishwas Bill 2022, through which the Air Act was amended.

The current proposal with regard to water requires the consent of two states, which is already there, the minister said.

The proposed law stipulates that the central government shall be authorised to prescribe guidelines on matters relating to "grant, refusal or conciliation of consent by a state board" for establishing or operating any industrial unit.

This will universalise the procedure, fulfil the long-standing demand of industries, protect the environment, and ease doing business.

Initiating the debate on the Bill, Lakshmikant Bajpai of the BJP said this is a step towards ease of doing business. It would free the businesses from the inspector raj and provide a better mechanism.

It will allow the government to provide certain exemptions to green industries.

Jawahar Sircar of the Trinamool Congress criticised the government over the Bill, saying, "This is just an act to legitimise offences." This Bill also seeks to centralise all powers and is against the principle of federalism.

"Without some stringent fear, you cannot tackle a subject like environment," he said.

Sulata Deo of the BJD supported the Bill and said a better mechanism for monitoring the wastage of water is required.

Subhashh Chandra Bose Pilli of the YSRCP, V Sivadasan of the CPI(M), and M Thambidurai of the AIADMK also participated in the discussion on the Bill.