Fouled waters: On Rajasthan’s river pollution

The pollution of the Jojari, Luni, and Bandi rivers highlights a severe environmental crisis in an arid region, exacerbating water scarcity and public health risks. The discharge of untreated or partially treated effluents from the textile-dyeing and steelworking hubs directly violates the Water (Prevention and Control of Pollution) Act, 1974. The systemic underutilisation of Common Effluent Treatment Plants (CETPs) points to poor industrial compliance and inadequate infrastructure. Furthermore, rampant illegal sand mining alters river morphology, destroying the riparian ecosystem and groundwater recharge potential. This case is a classic example of environmental degradation driven by industrialisation without adequate safeguards, raising questions about the effectiveness of Environmental Impact Assessments (EIAs) and the enforcement capacity of the State Pollution Control Board. UPSC often asks questions regarding the impact of industrial pollution on river ecosystems and the efficacy of statutory bodies in mitigating such damage.

This editorial underscores the concept of judicial activism and the failure of the executive machinery. The Supreme Court's intervention through a suo motu writ petition and the formation of the High-level Ecosystem Oversight Committee demonstrate the judiciary stepping in where regulatory bodies have failed. However, the editorial cautions against the judiciary substituting itself for regulators, arguing that it should instead focus on disciplining them. This touches upon the delicate balance of the separation of powers. The article also highlights severe governance deficits, including regulatory dysfunction and potential collusion between state officials and 'industrial mafias' in regularising illegal mining leases. This reflects poorly on administrative ethics and the state's capacity to uphold the rule of law. Candidates should analyse this from the perspective of systemic administrative failure and the limits of judicial intervention in environmental governance.

A crucial legal aspect raised is the application of the 'polluter pays principle', a foundational concept in international environmental law, recognized in India through cases like Vellore Citizens Welfare Forum v. Union of India. The Court's suggestion that the State itself could be held liable under this principle due to negligence is significant. This implies that state complicity or failure to enforce regulations makes it a co-polluter. The editorial also mentions the National Green Tribunal, a specialized body created under the National Green Tribunal Act, 2010, designed for the effective and expeditious disposal of cases relating to environmental protection. The local authorities' use of a Supreme Court stay on an NGT compensation order as an excuse for inaction highlights how legal complexities can be manipulated to evade enforcement. This case provides a strong example for Mains answers on the evolution of environmental jurisprudence and the challenges in enforcing environmental laws.