Industrial pollution of water bodies in Rajasthan a sign of systemic failure: Supreme Court

The Supreme Court recently expressed concerns that reports of water pollution across the State of Rajasthan may point to a systemic failure on the government's part to tackle such offences [In Re: 2 Million Lives At Risk, Contamination In Jojari River, Rajasthan].

A Bench of Justices Vikram Nath and Sandeep Mehta was considering a suo motu case initiated after a documentary titled “2 Million Lives at Risk | India’s Deadliest River | Jojari, Rajasthan” exposed widespread contamination and severe health risks in Jodhpur, Pali and Barmer districts.

On July 21, the Court took note of fresh newspaper reports alleging industrial pollution and contamination of water bodies in different parts of the State.

"The aforesaid newspaper reports prima facie disclose issues of environmental concern of a magnitude which cannot be ignored by this Court," the Court said.

During the July 21 hearing, the Court drew the Rajasthan government's attention to reports on three instances of water pollution in the State.

The Bench handed copies of the reports to Additional Solicitor General (ASG) SV Raju, appearing for the State of Rajasthan.

The first report alleged that a pond near the Jojari River at Tanawada had turned pink due to suspected industrial contamination. Another claimed that around 2,500 industrial units were operating in Jaipur's Sanganer-Dravyavati-Nevta region despite only 143 having environmental clearances.

It was reported that industrial effluents from the Sanganer-Sitapura industrial belt had travelled nearly 56 kilometres to the Morel Dam, contaminating water resources.

The Court added that if the reports are true, it reflects a systemic failure to tackle water pollution in Rajasthan.

"The allegations, if found to be genuine, indicate contamination of water bodies across different regions of the State ... and a prima facie failure on the part of the concerned regulatory and administrative authorities to effectively enforce the statutory environmental framework and prevent such environmental degradation. The frequency of these reports, emanating from different geographical areas, raises serious concern that the issue may not be confined to isolated instances but could reflect a larger systemic failure," the order stated.

The Court proceeded to ask the Rajasthan government to explain why serious criminal charges, such as those under Sections 272, 326(a) and 326(c) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and the Prevention of Damage to Public Property Act, 1984, had not been invoked in pollution cases.

The Court observed that the alleged acts were undoubtedly covered by these provisions. It directed the Rajasthan government to immediately initiate the process of invoking them in all pending and proposed prosecutions.

The Court also considered a second status report submitted by a High-Level Ecosystem Oversight Committee, which highlighted several grave concerns.

"We find that the committee has highlighted several grave circumstances concerning environmental degradation, industrial pollution, ecological restoration and regulatory enforcement, besides making a number of recommendations requiring immediate attention," said the Court.

The Court opined that it needs to hear the State of Rajasthan's response to these inputs, before any further directions are issued. Thus, the Court directed the Rajasthan government to file a comprehensive affidavit responding to each of the committee's findings and recommendations.

Among other directions, the Court also made the Rajasthan Chief Secretary personally responsible for ensuring timely and effective compliance with all its directions, It has directed the officer to remain present before the Court through virtual mode on the next date of hearing.

The matter has been listed for further consideration on August 4.

Senior Advocates AM Singhvi and Pallav Shishodia appeared for certain applicants. Advocate Digvijay Singh Jasol appeared in person.

[Read Order]