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Water Pollution Bill Prioritises Decriminalisation And Regulatory Efficiency

By Outlook Planet Desk February 07, 2024

The Rajya Sabha passes a bill that decriminalises minor water pollution offences, exempts some industrial plants, balances development and environmental protection, and enhances transparency in addressing water pollution concerns

Water Pollution Bill Prioritises Decriminalisation And Regulatory Efficiency
Union Environment Minister Bhupender Yadav underscored the importance of balancing development and environmental protection, asserting that the bill's provisions enhance transparency in addressing water pollution concerns. Photo: Shutterstock
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The Rajya Sabha has given its nod to the Water (Prevention and Control of Pollution) Amendment Bill, a significant legislative move aimed at decriminalising minor water pollution offences and exempting specific industrial plants from statutory restrictions.

Union Environment Minister Bhupender Yadav underscored the importance of balancing development and environmental protection, asserting that the bill's provisions enhance transparency in addressing water pollution concerns.

The approved bill seeks to amend the Water (Prevention and Control of Pollution) Act of 1974, with a primary focus on rationalising criminal provisions. It aims to ensure that citizens, businesses, and companies can operate without the looming threat of imprisonment for minor, technical, or procedural defaults. According to Yadav, the penal consequences of offences should align with the severity of the transgressions, promoting a fair and proportionate approach.

A vital feature of the amendment empowers the Centre to exempt specific categories of industrial plants from the application of Section 25, which pertains to restrictions on new outlets and new discharges. This strategic provision intends to minimise the duplication of surveillance efforts and reduce unnecessary burdens on regulatory agencies, as explained by Minister Yadav.

The proposed legislation also introduces measures related to the nomination of chairpersons for state pollution control boards, giving the central government authority to prescribe the nomination process. Additionally, it grants the central government the power to issue guidelines concerning the grant, refusal, or cancellation of consent by state boards for various industrial activities, operations, or environmental treatment and disposal systems.

Minister Yadav emphasised that these amendments are crucial to aligning the Water Act with the Air Act, ensuring consistency between the two laws that share similar provisions. The move towards streamlining the regulatory process aims to provide chairpersons with mandatory qualifications, experience, and fair appointment procedures, fostering a transparent and accountable system.

During the parliamentary debate on the bill, Lakshmikant Bajpai of the BJP lauded the initiative as a step towards facilitating ease of doing business. He asserted that it would liberate businesses from excessive regulatory oversight, offering a more efficient mechanism.

However, criticism emerged from Jawahar Sircar of the Trinamool Congress, who characterised the bill as an attempt to legitimise offences and criticised it for centralising powers, seemingly conflicting with federalism principles.

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