A Comprehensive Overview of the Water (Prevention and Control of Pollution) Amendment Act, 2024

Water (Prevention and Control of Pollution) Amendment Act, 2024: Simplifier

The Water (Prevention and Control of Pollution) Amendment Act, 2024 is a significant update to the original 1974 Act. This amendment addresses various gaps in the earlier legislation, modernizing the regulatory framework governing water pollution. It focuses on decriminalizing minor offenses, replacing them with a penalty-based system aimed at reducing the legal burden on businesses while promoting compliance through financial penalties rather than criminal prosecution.

Why was the 2024 Amendment introduced?

The 2024 Amendment was introduced to tackle issues in the 1974 Act that led to unnecessary legal complexities and a trust deficit between businesses and regulatory bodies. The original Act imposed harsh penalties, including imprisonment for minor violations, which often resulted in undue harassment of businesses. The 2024 Amendment seeks to ensure that neither businesses nor citizens are penalized with imprisonment for minor or technical lapses, thus creating a more balanced and business-friendly environment.

Key changes in the 2024 Amendment

Some of the key changes introduced by the amendment include:

• Decriminalization: Several minor offenses have been decriminalized and replaced with fines ranging from ₹10,000 to ₹15 lakh.
• Exemptions: The central government is now empowered to exempt certain categories of industrial plants from the application of section 25, which pertains to restrictions on new outlets and discharges.
• Regulatory Reforms: The amendment aims to simplify regulatory procedures and reduce duplication in surveillance and monitoring efforts.

Objectives of the Water Act, 2024

The primary objectives of the amended Act are:

• Reducing legal complexities for businesses by shifting from criminal penalties to financial disincentives.
• Promoting compliance through a simplified and penalty-focused approach.
• Streamlining regulatory processes to enhance efficiency and reduce unnecessary burdens on regulatory bodies.

Criticisms of the 2024 Amendment

Despite its intentions, critics of the amendment highlight several concerns:

• Centralization of Power: The amendment centralizes decision-making, reducing the role of state governments, which some argue undermines the federal structure.
• Transparency Issues: There are worries that by easing certain regulations, the amendment could compromise accountability, leading to reduced transparency in water pollution management.
• Environmental Concerns: Environmental advocates fear that relaxing penalties and regulations could weaken the overall enforcement of water pollution controls, potentially affecting environmental protection efforts.

The Water (Prevention and Control of Pollution) Amendment Act, 2024 aims to strike a balance between business interests and environmental protection, though it remains a subject of ongoing debate.