Environmentalists, activists, and opposition slam the AAP government for pro-industry pollution law ahead of Ludhiana bypoll.
CHANDIGARH: The Bhagwant Mann-led Aam Aadmi Party (AAP) government’s decision to adopt the Centre’s Water (Prevention and Control of Pollution) Amendment Act, 2024 in Punjab—allowing industries to discharge pollutants into water bodies in exchange for financial penalties—has ignited a political and environmental firestorm in the agrarian and river-rich state.
The controversy revolves around the state’s recent adoption of the amendment, which replaces provisions of the landmark 1974 law. The Punjab Vidhan Sabha passed a resolution last month to adopt the Water (Prevention and Control of Pollution) Amendment Act, 2024, enacted by the Centre. Critics have labelled the amendment a “license to kill,” warning it could irreversibly damage Punjab’s fragile river and groundwater ecosystems.
While the original Act included stringent jail terms of up to six years for violators, the amended version replaces criminal penalties with monetary fines ranging from Rs10,000 to Rs 15 lakh. The Punjab Cabinet approved the amended law on February 27, making Punjab the 19th state to adopt it.
The move has drawn sharp criticism from environmentalists and opposition leaders, who questioned the need to amend a law that had been in force for 50 years. They accused the AAP-led state government of yielding to industrial and corporate pressure at the cost of Punjab’s water health—especially ahead of the crucial Ludhiana West by-election, where industrial interests are dominant, and AAP faces a litmus test.
Jaskirat Singh, a water activist associated with the “Kale Pani Da Morcha”—a movement protesting water contamination in the Buddha Nallah of Ludhiana—called the amendment a “license to kill” Punjab’s rivers.
“This government has shown loyalty to the big corporate houses facing action under the previous Act. The timing of this amendment, ahead of the Ludhiana West bypoll, shows the government is under pressure from industrialists,” he said.
Jaskirat, who is leading protests against the amendment in Ludhiana, also accused the AAP government of failing to implement the earlier Act, which mandated strict punishments.
“There are around 50 big industrialists accused of violating Section 33A of the Water Act, 1974. This amendment will allow them to escape by paying penalties,” he added.
Another activist, Colonel Jasjit Singh Gill (Retd), warned the new law would allow industries to pollute with impunity.
“March 28 will be marked as a black day for making Punjab waters black permanently. Shame on such lawmakers who sacrificed Punjab’s right to reject black laws,” he said.
While the Act was enacted by the Centre and left optional for states to adopt, environmentalists argue that it is ill-suited for Punjab’s water resources and agriculture.
AAP’s Rajya Sabha MP and prominent water activist Balbir Singh Seechewal—who had previously been a vocal critic of the state’s failure to enforce the 1974 Water Act—faced criticism for remaining silent on the issue. However, in the Rajya Sabha, Seechewal expressed dismay, calling the amendment “pro-industry” and emphasised the need to strengthen the original Act and reinstate punitive provisions. He urged the government to at least impose the highest penalties consistently to deter violators.
The state government has yet to issue an official response to the backlash. However, when the cabinet approved the amendment on February 27, it defended the move by highlighting that Punjab became the 19th state to adopt the Centre’s law, which is already in force in Himachal Pradesh, Rajasthan and Union Territories.
One of the most contentious aspects of the amended law is the shift in control from the state to the Centre. Under the new provisions, the Centre will appoint adjudicating officers to impose penalties, and appeals will go to the National Green Tribunal, with 10% of the penalty amount to be deposited in advance.
This shift has raised concerns about the erosion of federal powers, as the state’s role in nominating the chairperson of the State Pollution Control Board has also been removed.
Environmental experts say the timing of the amendment couldn’t be worse. The State of the Environment Report 2023, released by the Centre for Science and Environment (CSE) and Down to Earth, revealed that 46% of India’s rivers are already contaminated. Punjab has faced severe criticism over river water pollution and remains under NGT scrutiny due to its failing sewage treatment systems and deteriorating groundwater quality.
Social activist and advocate Kamal Anand criticised AAP, stating, “They won the last election on the promise of saving Punjab’s rivers. Now, they’re following the same path as previous governments. Adopting this amendment shows the AAP government has no real concern for Punjab’s water or the health of its people.”
Passed by Parliament in February last year, the Water (Prevention and Control of Pollution) Amendment Bill, 2024, amends the original Water (Prevention and Control of Pollution) Act, 1974.
The Act establishes the Central and State Pollution Control Boards (CPCB and SPCBs) to prevent and control water pollution. The amendment decriminalises several violations, replacing criminal penalties with monetary fines. Initially, the amended law was implemented in Himachal Pradesh, Rajasthan, and the Union Territories, while other states were given the option to adopt it by passing resolutions.