Groundwater, a vital source of drinking water for millions in India, is facing severe threats. Uncontrolled human activities have led to a significant decline in groundwater levels and contamination. Climate change is expected to worsen these issues by affecting the quantity and quality of groundwater. Naturally occurring contaminants like salinity, fluoride, arsenic, and iron further compromise the resource, causing long-term health problems for current and future generations.

The depletion and pollution of groundwater violate the fundamental right to access water and, consequently, the right to life, as recognized by numerous court decisions. India's water pollution laws have failed to provide adequate protection against groundwater contamination.

The limited scope of the Water Act, 1974, the lack of enforcement of Model Groundwater Bills, and the insufficient implementation of simple treatment methods like distillation and reverse osmosis have compromised the fundamental rights of both present and future generations.

This article provides an overview of ground water contamination in India and the existing laws.

"Environmental pollution is a global concern. Anthropogenic activities leads to environmental pollution. It can be traced back to acts of people during industrial times when they discarded wastes without treatment in the environment. People were not aware until global warming began and there was an ozone layer depletion which led the climate change. This affects every individual directly or indirectly. The acts of a person should not interfere with the rights of others. Compensation is provided under tort law to the individuals who have suffered because of such environmental pollution.

Though the act of environmental Protection seems to be adequate in dealing with the cases pertaining to pollution of land, water, air, etc. essentially talking the ambit of the Act is somewhat narrow it essentially means the act is only of a preventive nature while the tort law also works as a remedial tool; the only way victims of environmental pollution can seek justice is by demanding compensation. It can be a part of the tort law under the following categories in India-Nuisance, Trespass, Negligence, Strict Liability".

This article deals with ground water contamination(pollution) which is an environmental pollution and the laws related to it in India.

"Earlier there were no provisions for keeping a check on environmental pollution in original constitution, there was no statutory authority for the same. After the 42nd amendment which added fundamental duties in the constitution, which provided for article 51A(g) "It should be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for the living creatures", this amendment also added a new directive principles of state policy, which added article 48A, which intends the state to protect environment and safeguards forests and wildlife.

The growth of such laws at that time were due to the influence of the united nations conference on the human environment 1972 which was held in Stockholm Sweden. Wildlife Protection Act, 1972 was passed at first, Water (Prevention and Control of Pollution) Act, 1974 was passed later , followed by Air (Prevention and Control of Pollution) Act 1981, and finally in 1986 Environment protection Act was passed in the wake of Bhopal gas tragedy which occurred on 2nd December 1984."

"In the landmark case of M.C Mehta v. Union of India, 1987, SC 1086, Rule of Absolute Liability was laid down by the Indian Judiciary which is fault based liability (Shriram Fertilizer Factory in New Delhi on 4th Dec 1985) where the oleum gas was leaked from the bursting of the tank containing oleum gas which was caused by human intervention and other default in the fertilizer factory."

"The Environment Protection act was enacted in 1986 whose main focus was providing protection to the environment and improving its health. It gives immense powers to the Central Government to control and regulate issues related with environmental protection. In so far as section 3(3) of the Act gives power to the Central Government to establish bodies charged with the mandate of precluding environmental pollution in all its forms and to take such measures as it considers fit to deal with problems of environmental pollution arising from the use of or management of any industry, maneuver or process and to tackle specific environmental problems that are specific to different parts of the country, the Act had been last amended in 1991."

"This law gives power to center to take necessary actions for preventing environmental harm, it can execute nationwide programs for environmental protection. It can make quality standards for the well being of all the creatures. It can restrict the emission of environmental pollutants and also impose restriction on the geographical area where the industry is located.

It gives government the power to examine the sample of air water and soil, for its quality check, it can set benchmark for the emission of environmental pollutants and can urge industries to bring it down to the given standards. There are provisions for handling hazardous substances according to regulatory compliances. The acts gives power to any person to file a suit in court of law who shows non compliance with this act."

"Ground water is one of the major source of drinking water for a large population in nthis world, if we look at the figures approx. one third of the population is dependend on nground water for fulfilling their needs. International Association of Hydrogeologists 2020. For areas such arid and semi arid zones where rain water is limited people rely on ground water for their livelihood. Having safe drinking water is one of the key drivers of sustainable development of a nation."

"Due to rapid urbanization the quality and quantity of ground water has significantly reduced. The developed countries who have made use of these resources so exploitatively, now the developing countries have to pay the price. Agricultural activities, industries, climate change all have a significant threat to ground water. Various contaminants such as toxic metals, hydrocarbons etc have major threat to health of human and other creatures, ecology and socioeconomic development of a country."

"Quality and quantity of water has a direct correlation with the socioeconomic development of a country, but we should remember we have to work together as a world at large when it comes to environmental issues, because its not just about you and me its about us! You must be wondering how water is something so important for fulfilling socioeconomic needs, even I didn't believed it when I first heard of it, I knew water is very important but what does it have to do with the economy!? Lack of good water facilities can easily effect basic human behavior and well being, when there is scarcity of water there has to be extra consumption of human energy to gather water for fulfilling their basic needs.

If you're coming from a place where female have to be in queue to get water , she has to walk miles for it , then come back again take care of family needs, sometimes there is fight for water. This reduces human productivity. Water contributes directly to production of many things such as food, it is also used in manufacturing major basic commodities in industries. That's how water caters to economic needs of people."

But due to various reasons mentioned above the quality and quantity of ground water is reduced significantly affecting the health of individuals. Following are the levels of water commonly accepted ground water quality.

Since we have seen how dangerous can these contaminants be for human health, lets understand what laws are there for preventing such contamination and what are the challenges and the way ahead.

"Central Ground Water Authority has been constituted under Section 3 (3) of the Environment (Protection) Act, 1986 to control the development and management of ground water resources in the country.

Powers & Functions:
The Authority has been given the powers of:

• Exercise of powers under section 5 of the Environment (Protection) Act, 1986 for issuing directions and taking such measures in respect of all the matters referred to in sub-section (2) of section 3 of the said Act.
• To resort to penal provisions contained in sections 15 to 21 of the said Act.
• To regulate and control the management and development of ground water in the country and to issue necessary regulatory directions for this purpose.
• Exercise of powers under section 4 of the Environment (Protection) Act, 1986 for the appointment of officers.
• It deals with various activities such as aquifer mapping, aquifer rejuvenation, ground water resource modelling, etc.
• The Water (Prevention and Control of Pollution) Act, 1974 established Pollution Control Boards at the Central and State levels and bestowed them with powers to prevent and control water pollution.
• However, this law only dealt with water on surface level, so in 2015, the Ministry of Water Resources, River Development and Ganga Rejuvenation introduced certain laws dealing with groundwater quality.

Tort law provides remedy for damage caused to a person which is not breach of contract or breach of trust. A tort is committed when a person owes duty of care to other person, the duty is breached, and the breach is a proximate cause of the injury of legally protected interest of the injured party. In cases such as groundwater contamination, it is not clear as who should be held liable, as there are multiple factors acting at the same time and there are no adequate laws which deals with such cases, conservation of environment is a community activity and hence, it is us the individuals who have to make effort to make our environment clean and safe.

Quality water is a right to life and hence, no one should be deprived of it especially our future generations who will suffer greater harm just because of our actions. Let's make an effort together to make this world a better place.

Conclusion
Tort law provides remedy for damage caused to a person which is not breach of contract or breach of trust. A tort is committed when a person owes duty of care to other person, the duty is breached, and the breach is a proximate cause of the injury of legally protected interest of the injured party. In cases such as groundwater contamination, it is not clear as who should be held liable, as there are multiple factors acting at the same time and there are no adequate laws which deals with such cases, conservation of environment is a community activity and hence, it is us the individuals who have to make effort to make our environment clean and safe.

Quality water is a right to life and hence, no one should be deprived of it especially our future generations who will suffer greater harm just because of our actions. Let's make an effort together to make this world a better place.

Written By: Mansi Kumari, 1st year BBA LLB Hons - Chanakya National Law University