Why not punish water polluters under Goondas Act? Madras High Court

Water polluters should be treated as Goondas by amending the provisions of the Tamil Nadu Goondas Act, opined the Madras High Court on Wednesday while seeking the government's response on this suggestion (Registrar (Judicial), Madurai Bench of Madras High Court v. Principal Secretary to Government Municipal Administration Department and ors). .The Madurai Bench of Justices N Kirubakaran and B Pugalendhi made the observation in a suo motu writ petition registered over pollution in the river Amaravathi in Karur district on account of the discharge of untreated effluents from dyeing units and other factories. .The Bench had taken note of a New Indian Express newspaper report on the issue, titled "A Cooum in the making in Karur?".No proper steps are being taken to control pollution, although most water bodies in India were polluted, the Court observed. It added that while untreated sewage and the discharge of untreated industrial effluents are major polluting factors, it is unknown whether sewage treatment plants are being properly maintained. .Stringent measures are required to control water pollution, the Bench went on to opine."... those who are polluting the water bodies should be termed as 'Goonda' as per the definition in Section 2 of the Tamil Nadu Act 14 of 1982, by amending the provisions to include the Promoters, Directors, Partners and all connected with the polluting industries and should be detained under the Act 14 of 1982, in case, if there is a pollution caused by the said industries/companies.".The Court added while this suggestion may appear extreme, there have been past instances where the Goondas Act has been amended to tackle new offences. In this regard, it was pointed out that video piracy was made punishable under the Goondas Act following an amendment introduced by the State."Similar steps have to be taken by the State Legislature at the earliest regarding the polluters' of water bodies in the State", the Court said..To respond on this proposal, the Court has impleaded the State Home Department, the Tamil Nadu Industries Department and the Tamil Nadu Law Department in the case. The authorities have been directed to respond to the following queries by the next hearing:How many industries are letting untreated effluents into water bodies in Karur District?What is the available mechanism to verify whether the discharged effluents are treated or untreated? How many industries are letting the effluents into the water bodies by digging channels? What is the action taken against such actions?Is the Karur Municipality discharging untreated sewage into water bodies?Why not introduce an amendment to the Tamil Nadu Goondas Act to cover the Promoters, Directors, Partners and all those connected with polluting industries, who are polluting the water bodies by letting out untreated industrial sewage into water bodies?.The matter will be taken up next on Friday, December 4. In the meantime, the Secretary of the District Legal Services Authority, Karur, has been directed to inspect the Amaravathi River at Karur and file a report on its state with necessary photographs..Read the Order: