Pollution Research Paper

Vol 41, Issue 1, 2022; Page No.(145-150)

JUDICIAL ATTITUDE TOWARDS THE RIVER POLLUTION IN INDIA: A CRITICAL ANALYSIS

ABHISHEK DIXIT AND SHIVANGI SHARMA

Abstract

With the recent judgment of the Honourable Supreme Court declaring the right to clean and pollution-free water as a fundamental right and registering a Suo moto case ‘Remediation of polluted rivers’ to look into the contamination of rivers has once again started a debate in the intelligentsia about the rejuvenation of rivers in India. The untreated discharge of sewage, silt, and garbage in the rivers and lakes has made around 80% of India’s water severely polluted. According to a report published by the Central Pollution Control Board, Indian cities only have 38% of the required installed sewage treatment capacity which is the largest river pollutant in India. River pollution is one of the major concerns in not only India but around the whole world. This paper focuses on the pollution of rivers in India especially by the tanneries at Kanpur and how the Courts were able to prevent point-source pollution in the rivers in India especially in the river Ganga. The paper argues that the courts have played an important role in the mitigation of the pollution and broadening the horizon of the rights to a clean environment but at times they have also restrained themselves from passing any order for the protection of the environment. The paper also proposes suggestions to mitigate the pollution and contamination in the Indian rivers and the legal emendations that can be taken to rejuvenate the same.