NGT notice to U.P., M.P., Rajasthan governments over ‘serious health issues’ due to sewage in drinking water

The National Green Tribunal (NGT) issuing notices to the governments of Uttar Pradesh, Madhya Pradesh, and Rajasthan, along with other agencies, regarding 'serious health issues' due to sewage contamination in drinking water, underscores a critical and persistent challenge facing India. This incident is not an isolated one but reflects a systemic problem of inadequate wastewater management, burgeoning urbanization, and insufficient enforcement of environmental regulations across the country.

**Background Context and the NGT's Role:**

The NGT was established on October 18, 2010, under the National Green Tribunal Act, 2010. Its creation was mandated by India's constitutional provision of Article 21 (Right to Life and Personal Liberty), which has been interpreted by the Supreme Court to include the right to a clean and healthy environment. The NGT was set up to provide effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources, including enforcement of any legal right relating to the environment. It replaced various tribunals and appellate authorities, aiming for specialized environmental justice. Before the NGT, environmental cases often languished in regular courts, lacking the technical expertise required for such complex issues. The NGT's principal bench is in New Delhi, with zonal benches in Bhopal, Pune, Kolkata, and Chennai.

**What Happened:**

The recent action by the NGT stems from concerns about direct and indirect contamination of drinking water sources with sewage, leading to severe public health risks. The Tribunal, acting on petitions or suo motu (on its own motion), identified that residents in parts of Uttar Pradesh, Madhya Pradesh, and Rajasthan were facing 'serious health issues' due to this contamination. By issuing notices, the NGT has initiated a formal inquiry, requiring these State governments and their respective municipal bodies, water supply boards, and pollution control boards to submit affidavits. These affidavits are expected to detail the extent of the problem, the measures being taken or planned, and the reasons for the current state of affairs. This is a standard procedure for the NGT to gather facts and hold accountable the entities responsible for environmental protection and public health.

**Key Stakeholders Involved:**

1. **National Green Tribunal (NGT):** The adjudicating body, responsible for environmental justice and enforcement. Its role is quasi-judicial, ensuring compliance with environmental laws.

2. **State Governments (Uttar Pradesh, Madhya Pradesh, Rajasthan):** As primary duty-bearers, they are responsible for providing safe drinking water, managing sewage, and implementing environmental protection policies through their various departments (e.g., Urban Development, Public Health Engineering, Pollution Control Boards).

3. **Local Municipal Bodies/Urban Local Bodies (ULBs):** These are directly responsible for urban sanitation, including collection, treatment, and disposal of sewage, and ensuring the quality of drinking water supply within their jurisdictions.

4. **State Pollution Control Boards (SPCBs):** Regulatory bodies at the state level tasked with monitoring pollution levels, granting consents for operations, and enforcing environmental standards under various acts like the Water (Prevention and Control of Pollution) Act, 1974.

5. **Citizens/Public Health:** The ultimate beneficiaries or victims. Their health and well-being are directly impacted by water quality, and they are often the petitioners who bring such issues to the NGT's attention.

6. **Environmental NGOs and Activists:** Often play a crucial role in bringing environmental violations to light and advocating for stronger action.

**Why This Matters for India:**

This issue holds immense significance for India across multiple dimensions:

* **Public Health Crisis:** Contaminated drinking water is a leading cause of water-borne diseases like cholera, typhoid, dysentery, and hepatitis, particularly affecting vulnerable populations like children. This puts immense pressure on public health infrastructure and results in significant economic losses due to illness and loss of productivity.

* **Environmental Degradation:** Untreated sewage discharged into rivers, lakes, and groundwater contaminates vital freshwater resources, harms aquatic ecosystems, and degrades soil quality, impacting biodiversity and agricultural productivity.

* **Governance and Accountability:** The NGT's action highlights a critical gap in governance – the failure of state and local authorities to effectively manage wastewater and ensure safe drinking water. It underscores the need for greater accountability and transparency in public service delivery.

* **Economic Impact:** The cost of treating water-borne diseases, loss of tourism, and expense of cleaning up polluted water bodies are substantial. Investments in robust sewage treatment infrastructure are often seen as costs, but the long-term economic benefits of a healthy populace and environment far outweigh them.

* **Sustainable Development Goals (SDGs):** India is committed to SDG 6, which aims to ensure availability and sustainable management of water and sanitation for all by 2030. Incidents like these demonstrate the considerable challenges in achieving this target.

**Constitutional and Legal Framework:**

The Indian Constitution provides a robust framework for environmental protection:

* **Article 21 (Right to Life):** The Supreme Court has repeatedly held that the 'right to life' includes the right to a clean and healthy environment and access to safe drinking water.

* **Article 48A (Directive Principles of State Policy):** Mandates that 'The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.'

* **Article 51A(g) (Fundamental Duties):** Enjoins every citizen 'to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.'

Beyond the Constitution, specific legislation governs water pollution:

* **The Water (Prevention and Control of Pollution) Act, 1974:** This Act provides for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water. It established the Central and State Pollution Control Boards.

* **The Environment (Protection) Act, 1986 (EPA):** A comprehensive umbrella legislation that provides for the protection and improvement of the environment and matters connected therewith. It grants the central government powers to take all necessary measures to protect and improve environmental quality.

* **The National Green Tribunal Act, 2010:** The enabling act for the NGT, giving it jurisdiction over a wide range of environmental matters.

Government policies like the **Swachh Bharat Abhiyan (SBA)**, launched in 2014, aim to improve sanitation and waste management, including wastewater. While SBA primarily focused on open defecation, its subsequent phases and related initiatives like the **Jal Jeevan Mission**, launched in 2019, specifically target providing safe and adequate drinking water to all rural households through tap connections by 2024. These missions are critical policy responses to the issues highlighted by the NGT.

**Historical Context:**

India's journey in environmental protection gained momentum after the Stockholm Conference of 1972, leading to the enactment of the Water Act (1974) and subsequent legislation. However, rapid industrialization and population growth often outpaced the development and enforcement of environmental safeguards. The establishment of the NGT marked a significant shift towards specialized environmental adjudication, recognizing the need for swift and expert resolution of green cases. Despite these legal frameworks, the challenge of sewage treatment and water pollution has persisted due to inadequate infrastructure, lack of funding, poor maintenance, and enforcement deficits.

**Future Implications:**

The NGT's continued vigilance implies stricter enforcement and greater accountability for state governments and local bodies. This could lead to:

* **Increased Investment:** States might be compelled to allocate more funds towards building and upgrading sewage treatment plants (STPs) and improving water supply infrastructure.

* **Improved Compliance:** Enhanced monitoring by SPCBs and NGT oversight could ensure better compliance with effluent discharge norms.

* **Judicial Activism:** The NGT's proactive stance reinforces judicial activism in environmental matters, pushing the executive to fulfill its duties.

* **Policy Reforms:** This could trigger a review of existing urban planning, waste management policies, and inter-agency coordination mechanisms.

* **Public Awareness:** Such notices bring environmental issues to public attention, potentially fostering greater citizen participation and demand for clean water.

Ultimately, the NGT's action is a powerful reminder that the right to a clean environment and safe drinking water is fundamental, and its denial has severe consequences for public health, the economy, and India's sustainable development aspirations. It necessitates a concerted and collaborative effort from all stakeholders to address this pervasive challenge effectively.