| [UPSC 2023] Enumerate the National Water Policy of India. Taking river Ganges as an example, discuss the strategies which may be adopted for river water pollution control and management. What are the legal provisions of management and handling of hazardous wastes in India?
Linkage: The National Water Policy emphasises pollution prevention, water quality monitoring, and restoration of contaminated water bodies. Strategies for river pollution control, such as those for the Ganga, parallel the approach in the Environment Protection (Management of Contaminated Sites) Rules, 2025, which involve identification, assessment, remediation, and polluter accountability. Legal provisions for hazardous waste management include the Environment Protection Act, 1986 and the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, under which contaminated site rules now operate. |
Introduction
India has identified 103 contaminated sites across states, caused by historical dumping of hazardous wastes. These sites often lie abandoned, with polluters defunct or unable to pay for clean-up. The newly notified Environment Protection (Management of Contaminated Sites) Rules, 2025 under the Environment Protection Act provide the first legal, institutional, and procedural framework to identify, assess, and remediate such locations, addressing a long-standing regulatory gap.
What are Contaminated Sites?
- Defined by the Central Pollution Control Board (CPCB) as areas where past dumping of hazardous wastes has likely contaminated soil, groundwater, and surface water, posing risks to human health and ecosystems.
- Examples: Landfills, waste storage/treatment sites, spill-sites, and abandoned chemical handling facilities.
- Out of 103 identified sites, only 7 have begun remediation.
Background – Why New Rules Were Needed:
- 2010 Capacity Building Program for Industrial Pollution Management Project initiated by the Environment Ministry aimed to:
- Create an inventory of probable contaminated sites.
- Develop guidance for assessment and remediation.
- Establish a legal, institutional, and financial framework — the missing final step until 2025.
- Previous absence of legal codification led to delays, inconsistent responses, and lack of accountability.
Key Provisions of the 2025 Rules
Identification & Assessment Process:
- District Administration: Submits half-yearly reports on suspected sites.
- State Board/Reference Organisation:
- Preliminary assessment within 90 days.
- Detailed survey within another 90 days to confirm contamination.
- Establish levels of hazardous chemicals (189 listed under Hazardous and Other Wastes Rules, 2016).
Public Notification & Restrictions
- Sites exceeding safe chemical levels are publicly listed.
- Access restrictions imposed to safeguard health.
Remediation Planning
- Expert body drafts remediation plan.
- Polluters identified within 90 days; responsible parties bear clean-up costs.
- If polluters cannot pay, State/Centre funds the remediation.
Legal Accountability
- Criminal liability under Bharatiya Nyaya Sanhita, 2023 if contamination leads to loss of life or damage.
Exemptions
- Radioactive waste
- mining waste
- marine oil pollution
- municipal solid waste dumps; governed by separate legislations.
Key Gaps & Challenges
- No fixed remediation deadline post-identification.
- Capacity limitations in expert bodies.
- Financial constraints for large-scale clean-ups.
- Coordination issues between Centre, States, and Local Bodies.
Conclusion
The 2025 Rules mark a significant policy milestone in India’s environmental governance. While they close a crucial legal gap, their success will depend on timely implementation, strong enforcement, and adequate funding. Integrating strict timelines, expanding technical expertise, and ensuring polluter accountability will be essential to safeguard public health and restore ecological balance.
Value Addition:
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Environment Protection (Management of Contaminated Sites) Rules, 2025 are Applicable on:
- ‘Radioactive waste’ as defined under the Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987
- ‘Mining operations’ as defined under the Mines and Minerals (Development and Regulation) Act, 1957
- Pollution of the sea by oil or oily substance as governed by Merchant Shipping Act of 1958 and the Merchant Shipping (Prevention of Pollution of the Sea by Oil) Rules, 1974
- ‘Solid waste dump’ as defined under Solid Waste Management Rules, 2016.
- In case contamination of a site is due to a contaminant mixed with radioactive waste/ mining operations/ oil spill/ solid waste from dump site, and if the contamination of the site due to the contaminant exceeds the limit of response level specified in these rules, then remediation of the site would be covered under these rules.
Extra Mile:
- Case Linkage: Bhopal Gas Tragedy (1984) – absence of strict site remediation frameworks
- Environmental Principles:
- Polluter Pays Principle
- Precautionary Principle
- Sustainable Development
- Global Context: Comparable frameworks exist in the USA (Comprehensive Environmental Response, Compensation, and Liability Act – CERCLA), EU’s Environmental Liability Directive.
- Policy Linkages: National Environmental Policy 2006, SDG-3 (Health), SDG-6 (Clean Water), SDG-15 (Life on Land).
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Mapping Micro-themes
| GS PAPER I |
Environmental degradation and public health impacts |
| GS PAPER II |
Centre-State coordination in environmental regulation; constitutional provisions (Art. 21, 48A, 243W) |
| GS PAPER III |
Pollution management, hazardous waste rules, environmental governance, technology in remediation |
| GS PAPER IV |
Corporate ethics, polluter responsibility, environmental stewardship, intergenerational equity |
Practice Mains Question
Q: The Environment Protection (Management of Contaminated Sites) Rules, 2025, represent a long-awaited legal framework for chemical contamination in India. Discuss their significance, key features, and challenges in the context of sustainable environmental governance. (250 words)
