NGT issues notice to Assam and other 24 states over groundwater contamination concerns

According to reports on December 28, Assam has received a notification from the National Green Tribunal (NGT) over the issue of toxic elements like fluoride and arsenic contaminating groundwater among 24 states and 4 Union Territories (U.Ts) of India.

Notices were sent to 24 States, 4 Union Territories, the Central Ground Water Authority (CGWA), and the Ministry of Environment, Forests, and Climate Change by the principal bench, which was presided over by Justice Sudhir Agarwal and Dr. A. Senthil Vel.

The NGT expressed dissatisfaction with the CGWA’s inaction, criticising the authority for ignoring the harmful effects that dangerous substances in groundwater are currently having on human health. Even after admitting that fluoride and arsenic have harmful impacts on human health, the CGWA reportedly avoided its legal obligations. To highlight the weakness of CGWA’s arguments, the NGT cited other court decisions, such as the Supreme Court’s order in MC Mehta v. UOI and the NGT’s decision in Shailesh Singh v. Hotel Holiday Regency.

The media article “Arsenic found in groundwater in 25 States, fluoride in 27 States: Govt”, highlighted the extensive contamination, and on the basis of that information, the NGT began suo moto proceedings.

Fearing for the worse, the bench had requested a report from CGWA, which disclosed that arsenic and fluoride were present in 25 districts and 27 states, respectively. The research also recognised that these substances have extremely harmful effects on human health.

Andhra Pradesh, Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Manipur, Odisha, Punjab, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand, West Bengal, Maharashtra, Meghalaya, and Nagaland are among the states that received notices. Additionally, notifications have been given to Delhi, Puducherry, Dadra and Nagar Haveli, Jammu and Kashmir, and the Union Territories.

Presence of hazardous substances like fluoride has been detected in the groundwater of 21 districts in Assam, as revealed by the recent findings of the State’s Pollution Control Board.

The affected districts of Assam include Baska, Barpeta, Bongaigaon, Cachar, Darrang, Dhemaji, Dibrugarh, Dhubri, Goalpara, Golaghat, Hailakandi, Jorhat, Kamrup, Karimganj, Lakhimpur, Marigaon, Nagaon, Nalbari, Shivsagar, Sonitpur, and Biswanath.

Additionally, 17 districts, including Bongaigaon, Cachar, Dhubri, Dibrugarh, Goalpara, Hailakandi, Kamrup, Karbi Anglong, Lakhimpur, Nagaon, Golaghat, Karimganj, Shivsagar, Jorhat, Sonitpur, Marigaon, and Darrang, are facing damage due to fluoride in the subsoil water.

Declaring the situation “very serious”, the NGT emphasised that all relevant authorities must act immediately to take preventive and precautionary measures. The implicated respondents were directed to submit their responses within a month after receiving notices from the court. Further discussion of the subject is planned for February 15, 2024.