How Is Marine Pollution Penalized Under Indian Law?

Marine pollution is a significant environmental issue that affects marine biodiversity, coastal economies, and public health. In India, various laws provide penalties for activities that lead to marine pollution, such as oil spills, untreated sewage discharge, plastic waste, and industrial effluents. These laws impose fines, legal actions, and penalties to ensure compliance and safeguard the marine environment. Penalties are aimed at holding offenders accountable and deterring future violations.

Penal Provisions for Marine Pollution Under Indian Law

The Environment Protection Act, 1986

The Environment Protection Act provides the legal foundation for regulating environmental pollution in India, including marine pollution.

• Penalties: Under Section 15 of the Act, any person who violates the provisions of the Act can be fined up to ₹1 lakh, and in case of continuing contravention, an additional fine of up to ₹5,000 per day may be imposed.
• Imprisonment: For more serious violations, imprisonment may be imposed, which can extend up to 5 years, or both imprisonment and a fine.

The Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act focuses on preventing water pollution, including pollution in coastal and marine waters.

• Penalties: If a person or company discharges pollutants into water bodies (including seas and oceans), they can face fines up to ₹10,000 for the first offense and ₹25,000 for subsequent offenses.
• Imprisonment: For a serious offense, such as the discharge of harmful or untreated sewage or industrial waste, offenders can be jailed for up to 6 years.

The Coastal Regulation Zone (CRZ) Notification, 2011

The CRZ Notification regulates activities along India’s coastal areas to prevent ecological damage. It prohibits the discharge of untreated sewage, effluents, or plastic waste into coastal waters.

• Penalties: The penalties for violating the CRZ Notification include fines and penalties for illegal activities such as construction in ecologically sensitive coastal areas or dumping waste in marine waters.
• Enforcement: The Ministry of Environment, Forest and Climate Change (MoEFCC) can order the suspension of activities in violation of the CRZ and impose fines. Local authorities and the National Green Tribunal (NGT) are involved in enforcement.

The Merchant Shipping Act, 1958

The Merchant Shipping Act deals with shipping activities in Indian waters and includes provisions related to marine pollution from ships, such as oil spills and garbage disposal.

• Penalties for Oil Spills: Under the provisions of the Merchant Shipping Act and India’s compliance with the MARPOL Convention, vessels responsible for oil spills face penalties, including fines up to ₹25 lakhs, and the shipowner may also be required to cover the costs of cleanup operations and environmental damage.
• Garbage and Sewage Disposal: Penalties for improper disposal of garbage and sewage from ships include fines and the potential suspension of the vessel’s operating license.
• Oil Spill Contingency: If a ship causes an oil spill in Indian waters, the ship owner is liable to pay compensation for damage to the marine environment and coastal communities.

The National Green Tribunal (NGT)

The National Green Tribunal (NGT) is a specialized judicial body responsible for handling environmental disputes, including those related to marine pollution.

• Penalties: The NGT has the authority to impose hefty fines on individuals or organizations causing marine pollution. For example, a company causing extensive pollution in a coastal area may be fined millions of rupees as compensation for the environmental damage.
• Cleanup Orders: The NGT can order the violators to undertake the cleanup of polluted areas and restore the marine ecosystem to its original condition.

The Plastic Waste Management Rules, 2016

India’s Plastic Waste Management Rules aim to control plastic pollution, which is a significant threat to marine life.

• Penalties for Plastic Waste: Under these rules, manufacturers, sellers, and consumers of plastic goods can be fined for violating regulations regarding the disposal, recycling, and use of plastic. The penalty can range from ₹1 lakh to ₹5 lakh for non-compliance, depending on the nature of the violation.
• Prohibition of Single-Use Plastics: The rules mandate the prohibition of single-use plastics and impose fines for their use, which is a major contributor to marine pollution.

Hazardous Waste (Management, Handling, and Transboundary Movement) Rules, 2008

These rules govern the management of hazardous waste, including waste that may cause marine pollution.

• Penalties: If hazardous waste is improperly handled or disposed of in coastal areas, violators can face fines ranging from ₹50,000 to ₹1 lakh. In cases of illegal transboundary movement of hazardous waste, penalties could be much higher.

Other Enforcement Mechanisms

Indian Coast Guard (ICG)

The Indian Coast Guard plays a pivotal role in enforcing marine pollution laws. It monitors and controls maritime pollution through patrols and surveillance, especially for oil spills, illegal dumping, and pollution from ships.

• Actions: The ICG can detain ships responsible for marine pollution and fine them for violating pollution control norms. The Coast Guard also coordinates with international bodies for larger spills that impact the high seas.

Environmental Compensation

Under various laws, individuals or organizations responsible for marine pollution may also be required to pay compensation to those affected by the pollution. This includes compensation for loss of marine life, damage to coastal ecosystems, and the impact on local fishing communities.

International Conventions

India, as a signatory to international agreements such as the MARPOL Convention and the Convention on Biological Diversity, follows international guidelines for pollution control. Violations under these agreements can lead to legal action not only in India but also through international arbitration or enforcement.

Example

Suppose an industrial plant near the coast illegally discharges untreated sewage into the sea, affecting local marine life and fisheries. The following steps could occur under Indian law:

• Investigation: The State Pollution Control Board (SPCB) investigates the pollution and finds that the discharge violated the Water (Prevention and Control of Pollution) Act, 1974 and the Coastal Regulation Zone norms.
• Penalty: The plant is fined ₹25,000 for the first offense, with a daily fine of ₹5,000 for continuing violations.
• Action by NGT: The National Green Tribunal (NGT) orders the plant to pay compensation to affected local fishermen and implement corrective measures to prevent future discharges.
• Enforcement: The Indian Coast Guard may conduct regular checks to ensure the plant complies with pollution control regulations.

Conclusion

India has established several legal frameworks to penalize marine pollution, with varying penalties depending on the severity and nature of the violation. These laws and regulations aim to protect the marine environment, prevent further degradation, and ensure that violators are held accountable for their actions. The enforcement of these penalties, along with public awareness campaigns, plays a crucial role in reducing marine pollution in India.