On Tuesday, the Rajya Sabha passed a bill aimed at overhauling the approach to minor water pollution offenses by replacing criminal prosecution with substantial financial penalties. The Water (Prevention and Control of Pollution) Amendment Bill, 2024, was introduced to amend existing provisions, substituting imprisonment penalties ranging from three months to seven years with fines reaching up to Rs 15 lakh, along with additional daily penalties of Rs 10,000 for breaches under specified circumstances.
Bhupendar Yadav, the Union environment minister, emphasized the necessity of balancing development with environmental conservation during the bill’s presentation on Monday, as per a PTI report. He stressed the importance of achieving harmony between improving quality of life and facilitating business operations. The bill was passed by the Rajya Sabha through a voice vote.
Similar to the Jan Vishwas Bill enacted last year, which addressed air pollution, the Water Amendment Bill decriminalizes certain violations while escalating financial penalties. Environmental experts have argued that this shift from imprisonment to fines could enhance enforcement efficiency, expedite justice, and streamline penalty recovery processes.
However, critics, including Jawhar Sircar, a former central administrator and Rajya Sabha member representing the All India Trinamool Congress, have raised concerns that these legislative changes may undermine the deterrence effect of the law and effectively condone offenses.
In the debate surrounding the bill, Minister Yadav highlighted the objective of promoting transparency in addressing water pollution issues. The amendment aims to rationalize criminal provisions and alleviate concerns regarding undue imprisonment for minor or procedural infractions, according to the bill’s objectives.
Under the bill’s provisions, the central government will gain authority to exempt certain industries from specific restrictions on new outlets and discharges, offering a measure of flexibility in regulatory enforcement.
Critics, such as Bhargavi Rao, a lawyer with the Environmental Support Group, have criticized the amendment as part of a broader pattern of diluting environmental protection laws. Rao argued that provisions for imprisonment serve as effective deterrents against pollution and expressed concern that the amendment might enable polluters to evade accountability by simply paying fines.