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Orders Rajasthan To Invoke Graver Criminal Charges Against Industrial River Pollution Perpetrators
The of India, led by Justice Vikram Nath and Justice Sandeep Mehta, has issued a stern directive to the State of Rajasthan, demanding comprehensive action against the systemic industrial pollution plaguing the Jojari-Bandi-Luni river system. Responding to the Second Status Report of the , the bench mandated that the state government invoke stringent penal provisions to curb the rampant discharge of untreated industrial waste.
A Crisis of Compliance and Consequence
The proceedings originate from a petition initiated following a documentary that highlighted how the contamination of the Jojari River put two million lives at risk. Recent reports brought to the Court’s attention revealed alarming new instances of environmental degradation, including water bodies turning toxic pink in Tanawada and industrial effluents travelling over 56 kilometres to the Morel Dam. The Court noted that of roughly 2,500 industrial units in the Sanganer-Dravyavati-Nevta region, only a mere 143 possessed valid environmental clearances, signaling a failure in basic regulatory enforcement.
Arguments and Judicial Scrutiny
While certain industries categorized as "White Category" pleaded that their operations were non-polluting and that their premises had been sealed arbitrarily, the Court maintained that environmental restoration takes precedence over industrial convenience. The , chaired by Justice Sangeet Lodha, underscored the absence of proper (HFL) demarcation and criticized encroachments into riverbeds and floodplains, specifically citing irregularities at the and the .
Key Observations
The expressed grave concern regarding the scale of the crisis, emphasizing that industrial output cannot justify the poisoning of public resources. The Court observed:
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"The aforesaid newspaper reports disclose issues of environmental concern of a magnitude which cannot be ignored by this Court."
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"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 in ensuring compliance with environmental norms."
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"Having taken note of the overall facts as available on record, we are of the firm opinion that the acts alleged are undoubtedly covered by the offences described above."
A Pivot Towards Severe Penalties
In a significant departure from standard regulatory fines, the directed the State of Rajasthan to explain its failure to invoke graver offences under the —specifically sections 272 (malignant acts likely to spread infection of disease), 326(a), and 326(c)—as well as the . The state has been ordered to immediately begin initiating these charges in all pending and proposed prosecutions.
The Path Forward: Accountability at the Helm
To ensure these directions are not ignored, the has made the Chief Secretary of Rajasthan personally responsible for the timely and effective compliance of all previous and current orders. Furthermore, the Court has ordered a comprehensive plan for treating the accumulated effluent at the under the strict supervision of the Oversight Committee. The Chief Secretary is required to appear virtually before the Court on , to report on the progress made in addressing this environmental catastrophe.
