Summing up

The existing mechanisms for pollution control in India have not been effective in arresting pollution and this is reflected in the deteriorating quality of water bodies. The MOEF is mandated to address environmental concerns at the central level. The nodal agencies in the form of the SPCBs at the state level have been established to implement environmental legislations and take effective steps for the protection of the environment and act against non-compliance. India is still stuck with the same approach i.e. CAC since the framing of the first environmental law, the Water Act in 1974. The current approach relies on the ‘environmental standards’ as the main policy instrument. The regulator prescribes the quantity and quality of pollution which a source can release into the environment. This approach mandates the compliance with standards, as prescribed by the regulator to the polluter, to be sacrosanct. It is inherently assumed that by complying with the standards, the desired environmental quality will be achieved. The non-compliance with the standards is dealt with by a few penalty provisions, which are again age-old ones. In addition, there are some non-regulatory initiatives to improve environmental performance. With the existing tools, the success in abating and controlling pollution has been limited. The need is, therefore, to strengthen traditional processes with more diverse systems.

Notes

• 1 AIR 2002 SC 3696
• 2 JT 1999 (10) SC 332
• 3 The CPCB classifies the water bodies according to the concept of ‘designated best use.’ According to this concept, out of the several uses a water body is put to, the use that demands the highest quality of water is termed as the ‘designated best use.’
• 4 GST is one tax for the entire country replacing many indirect taxes in India.
• 5 Details for technical personnel have been taken from the Annual Report, GPCB, 2014-15.

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