Speaking of the "polluter pays principle" (being an integral part of the sustainable development principles), the new draft that "Proposes New Rules For Faster Air And Water Pollution Complaint Resolution" is currently under review in the public domain, let me highlight the features of the draft.
What Does The New Draft Offer?
There will be "Presenting Officers" ( for taking cognizance of any non-compliance or contravention of Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution)Act, 1974 , they are supposed to bring the matters with all the details to the Adjudicating Officers) and “Adjudicating Officers” (who would be given the technical assistance and requisite manpower to handle and dispose of the cases falling under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution)Act, 1974. The remedy for the aggrieved parties does have the right to appeal in the National Green Tribunal in case they are not satisfied with the orders which includes the penalty as well.
Apart from this, a certain exemption has also been proposed for industries falling under the “white” category (the non-polluting ones as per the CPCB categorization) to promote “ease of living and ease of doing business” and “trust-based governance”.
What Do Other Countries Have In Common?
Looking at the US, there exists the "Environmental Crimes Section" which is a specialized unit within the Department of Justice that focuses on prosecuting criminal violations of environmental laws. Whereas the European Union has the “Industrial Emissions Directive” which regulates the emissions of pollutants from industrial installations.
My Personal Opinion
Let’s skip to the good part:
If implemented, the draft notifications surely will enhance the accountability on the part of the polluters. By providing a structured way for citizens and communities to report pollution, it empowers them to hold industries and other entities responsible for the damage caused to the environment. This will further increase transparency and speed up faster compliance since a simple and clear-cut mechanism of the Presenting Officers and the Adjudicating Officers would be in place.
What Can Go Wrong?
1. Implementation Hurdles:
While the intent behind these rules is commendable, the real challenge lies in effective implementation. Ensuring that complaints are acted upon promptly and that there is adequate follow-up requires significant administrative capacity and resources.
2. Risk of Overburdening Authorities:
There is a risk that environmental authorities might become overwhelmed with complaints, especially in highly polluted areas. Without proper triage and prioritization mechanisms, the system could become inefficient, leading to delays in addressing serious issues.
3. Need for Awareness and Accessibility:
For the mechanism to be successful, there needs to be widespread public awareness about how to lodge complaints and what issues are covered. Additionally, the system must be accessible to all, including marginalized communities who are often the most affected by pollution but may lack access to digital platforms or the knowledge to navigate bureaucratic processes.
4. Enforcement and Redressal:
The effectiveness of these rules will ultimately depend on the enforcement actions taken by authorities in response to complaints. If reported violations do not lead to meaningful action, the public may lose faith in the system, rendering it ineffective.
Some Questions for the Readers and Let me know your opinion in the comment box!!
What would deter these industries and factories from polluting? Is everything related to paying hefty fines and getting away with the same?
Will there be any stringent punishments like imprisonment for the head of these polluting industries?
Who would be keeping a check on these officers (Adjudicating and Presenting)?
Where is the fine line between “development” and “protecting the environment”?
Comments