Revitalization of Rivers in India Draft Policy - Isha Guru Jaggi Vasudev

Revitalization of Rivers In India
Draft Policy Recommendation
REGULATORY FRAMEWORK TO PREVENT AND COMBAT
POLLUTION AND MISUSE OF RIVERS
The main legislations to control pollution of water are:
• Water (Prevention and Control of Pollution) Act, 1974; which
prohibits the discharge of pollutants into water bodies beyond a
defined limit, and stipulates penalties for non-compliance.
• Water (Prevention and Control of Pollution) Cess Act, 1977; which
provided for collection of a cess on water consumed by industries
and local authorities. The Rules for the Act (1978) defined standards
for the meter that every water consumer has to install.
The regulatory framework for water pollution mainly consists of (i)
the Central Pollution Control Board (CPCB) which lays down standards
for the prevention and control of water pollution, and (ii) the State
Pollution Control Boards (SPCB) which work under the direction of
the CPCB and the State Government. Both bodies are set up under the
Water (Prevention and Control of Pollution) Act, 1974. The resources for
their functioning come from the cess collected according to the Water
(Prevention and Control of Pollution) Cess Act, 1977. The CPCB and
SPCBs are perceived as weak in their functioning due to infrastructure,
manpower and financial constraints.
Sand is a minor mineral under the Mines and Minerals (Regulation
and Development) Act, 1957 (MMDR Act). The administration of the
mining of minor minerals is within the domain of State Governments.
The Act specifically provides for legal and administrative control
by State Governments over illegal mining, transport and storage of
minor minerals. The MMDR (Amendment) Act 2015 has stringent
punitive provisions for combating illegal mining. The Union Ministry of
Environment and Forests issued Sustainable Sand Mining Management
Guidelines in 2016. These guidelines inter alia “ensure conservation of
the river equilibrium and its natural environment by protection and
restoration of the ecological system”, and “ensure rivers are protected
from bank and bed erosion beyond their stable profile”. Kerala has a law
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