Bathinda: Environmentalists have strongly criticised the Punjab govt for adopting the Water (Prevention and Control of Pollution) Amendment Act, 2024, arguing that it undermines efforts to combat water pollution.
The new law, which replaces a decades-old statute, decriminalises several violations related to water pollution and introduces financial penalties ranging from Rs 10,000 to Rs 15 lakh, rather than the previous provisions that allowed for imprisonment of up to six years.
Activists argue that the shift from "criminal liability to financial penalties" will only encourage further pollution in Punjab's already contaminated rivers and groundwater. They believe that the govt is yielding to corporate pressure at a time when activists are actively fighting against water pollution in the state.
The Punjab cabinet approved the amended Act on Feb 27, saying it was the 19th state to adopt the law. Initially passed in Feb 2024 by the central govt, the law was already in effect in Himachal Pradesh and Rajasthan, as well as UTs, with provisions for other states to adopt it.
One of the significant changes is that the Centre now appoints adjudicating officers to determine penalties, which will be credited to the Environment Protection Fund. Appeals against penalties can be made to the National Green Tribunal, provided 10% of the fine is paid in advance.
Critics argue that the new law significantly reduces the state's power to control water pollution, particularly by limiting the role of the state pollution control boards. Under the previous act, the state govt had the authority to nominate the chairperson of the board, but the amended law transfers this responsibility to the central govt, raising concerns about the erosion of federal autonomy.
Col Jasjit Singh Gill (retd) called the adoption of the new law a "black day" for Punjab's waters, warning that it would further pollute the state's rivers and underground water sources with impunity. "I am aghast to see the Punjab cabinet buckle under corporate interests," he said.
Activist Jaskirat Singh, involved with the Kale Pani da Morcha, said that the law is a direct attack on the heart of Punjab, its water, calling the shift to financial penalties "a licence to kill" Punjab's water bodies. "It indicates to environmentalists and activists that the govt is only concerned about corporates and not the general public," he added.
Balbir Singh Seechewal, Rajya Sabha member from Aam Aadmi Party and a noted environmentalist, also criticised the amendment, calling it "pro-industry" and warning that industries would now face minimal deterrence in polluting water bodies. "We made fervent demands to properly implement the previous Act and will take up the matter with the state govt to act tough and impose the highest penalty regularly to dissuade industries from discharging dirty water into water bodies," he said.
BOX
No Jail, Just Penalties
The 1974 Act prescribed imprisonment of up to six years for water pollution violations
The 2024 amendment replaces this with financial penalties of Rs 10,000 to Rs 15 lakh
The amended act grants the central govt the authority to appoint adjudicating officers to set penalties, which will be deposited into the Environment Protection Fund
Critics argue the amended Act seeks to take away most of the existing powers of the state to run the operation of state pollution control boards and is against the principle of federalism
Environmental reports, such as the State of the Environment Report 2023, highlight the severity of water pollution, with 46% of India's rivers facing contamination