- 09-Jul-2025
- public international law
Marine pollution poses a serious threat to the marine environment, biodiversity, and coastal communities. In India, several laws and regulations have been enacted to prevent and control marine pollution, focusing on oil spills, sewage discharge, plastic waste, and other forms of contamination. These laws also ensure compliance with international environmental standards and help safeguard India’s coastlines and marine resources.
The Environment Protection Act (EPA) is the umbrella legislation for environmental protection in India. It empowers the government to take measures to protect and improve environmental quality, including the prevention of marine pollution. Under this Act, the Ministry of Environment, Forest and Climate Change (MoEFCC) can set guidelines for controlling pollutants, monitor activities in marine and coastal zones, and impose penalties for violations.
This Act focuses on the prevention and control of water pollution, including sewage and industrial effluents. While it primarily addresses inland water pollution, its provisions also apply to coastal and marine water bodies. It establishes the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to regulate and monitor water quality, including pollutants released into the marine environment.
The Coastal Regulation Zone (CRZ) notification regulates the development activities along India’s coastline, aiming to prevent ecological degradation caused by human activity. It restricts the discharge of untreated sewage, industrial effluents, and other pollutants into the sea, protecting sensitive coastal ecosystems. The CRZ framework is designed to protect fragile marine habitats while allowing for sustainable development.
The Merchant Shipping Act regulates shipping activities in Indian waters, including the prevention of marine pollution caused by ships. It mandates that ships follow international conventions and protocols, such as the International Convention for the Prevention of Pollution from Ships (MARPOL), to minimize pollution from oil spills, garbage, sewage, and ballast water.
The National Green Tribunal (NGT) is a specialized judicial body that deals with environmental issues, including marine pollution. It has the authority to adjudicate on cases of marine pollution, impose penalties on polluters, and order corrective measures. The NGT plays a crucial role in enforcing environmental regulations and providing relief to those affected by marine pollution.
India is a signatory to the International Convention for the Prevention of Pollution from Ships (MARPOL), which is the primary international treaty aimed at preventing marine pollution by ships. MARPOL covers various aspects of marine pollution, including oil pollution, garbage, sewage, and ballast water discharge. The provisions of MARPOL are incorporated into Indian law through the Merchant Shipping Act.
India's Plastic Waste Management Rules primarily aim to address the growing issue of plastic waste, including plastic pollution in marine environments. The rules impose regulations on plastic producers, sellers, and users to reduce plastic waste, improve recycling, and ensure safe disposal. They include provisions for banning single-use plastics and promoting alternatives, which helps minimize marine pollution.
Although primarily focused on terrestrial wildlife, the Wildlife Protection Act also covers marine species, including marine mammals, turtles, and fish. The Act regulates human activities that could lead to the destruction of marine habitats or the direct harm to marine biodiversity. It supports the protection of marine life from pollution, particularly in sensitive areas like marine sanctuaries and national parks.
These rules govern the management and handling of hazardous waste, including the disposal of harmful chemicals and waste products that could lead to marine pollution. They impose restrictions on the import and export of hazardous materials and regulate their disposal to prevent contamination of marine environments.
India has strict regulations regarding oil spills from ships, offshore oil rigs, and other sources. The Merchant Shipping Act mandates the use of appropriate technologies for oil spill response and recovery. Additionally, the Oil Spill Disaster Contingency Plan outlines procedures for dealing with oil spills and protecting coastal regions from contamination.
The discharge of untreated sewage into the sea is a major concern. The Water Act requires the establishment of sewage treatment plants in coastal cities and towns. It is also essential for industries to treat their wastewater before discharge into the marine environment.
The Plastic Waste Management Rules mandate the proper collection, recycling, and disposal of plastic waste, which often ends up in the oceans. The ban on single-use plastics is one of the key steps in reducing plastic pollution in marine waters.
The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) monitor and enforce the regulations on marine pollution. They conduct regular inspections, air and water quality testing, and environmental impact assessments for projects along the coast.
The government and various non-governmental organizations (NGOs) conduct awareness campaigns to educate the public about the dangers of marine pollution and the importance of protecting marine ecosystems. This includes beach clean-up drives and initiatives to promote sustainable practices in coastal areas.
Despite the existence of laws, enforcement remains a challenge, particularly in remote coastal areas where illegal discharges and dumping are common. Limited resources and capacity for monitoring further exacerbate the problem.
Plastic pollution is one of the most persistent forms of marine pollution, with large amounts of plastic waste ending up in the ocean each year. While India has taken significant steps to address this issue, the sheer scale of plastic production and consumption remains a challenge.
Managing oil spills in India’s vast and often remote coastline is a daunting task. Although India has guidelines and a contingency plan for oil spills, the resources and technology required for quick response remain insufficient in some areas.
Suppose an oil tanker spills oil off the coast of Mumbai. The Indian authorities would take the following steps under the Merchant Shipping Act and MARPOL:
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