A CONSTITUTIONAL CHALLENGE TO GROUNDWATER MISMANAGEMENT IN PUNJAB

Abstract

Although water is the basis of life, it has turned into a major cause of sickness and ecological collapse in Punjab. Punjab bears an excessive amount of the agricultural load even though it only makes up 1.5% of India's total geographical area. Groundwater has been continuously overdrawn, from 50,000 tube wells in the 1960s to approximately 14.5 lakh today, resulting in a worrisome decrease of 0.49 meters per year as surface water is almost depleted (CGWB Yearbook 2022–23). Toxic pollutants such as uranium, arsenic, nitrates, and fluoride have been mobilized by this overexploitation at amounts well over the Bureau of Indian Standards (BIS) norms. Alarming uranium contamination has been found in 20 districts, with 32.6% of groundwater samples above safe levels, according to scientific research conducted by the Central Ground Water Board (CGWB) and the Centre for Science and Environment (CSE). According to the Punjab Cancer Atlas (2023), there are 90–110 cancer cases for every 100,000 individuals, with rates higher in a few districts than the national average. In addition to cancer, there have been several reports of congenital abnormalities in children, neurological issues, bone fluorosis, and chronic renal impairment. As a result of irrigating crops with tainted water, which embeds hazardous residues and jeopardizes food safety on a large scale, agriculture also loses. This conundrum directly affects the right to life, which is protected by Article 21 of the Constitution, as well as the right to clean water and a healthy environment (Subhash Kumar v. Bihar, M.C. Mehta v. Union of India). It violates Article 14 since affected populations are not afforded equal legal protection or access to potable water. By neglecting to regulate the use of pesticides, enforce groundwater protections, or provide safe alternatives, the State of Punjab and the Union of India have both violated their constitutional obligations and their statutory responsibilities under the Water (Prevention and Control of Pollution) Act of 1974 and the Environment (Protection) Act of 1986.The current PIL, which was filed in accordance with Article 32, holds the State and Union governments equally accountable for environmental damage and serious health effects. It claims that groundwater is a shared resource that is vital to life and dignity and cannot be neglected or privatized, citing the Public Trust Doctrine as support. The petition calls for immediate solutions, including the installation of piped safe drinking water and community-level filtration, tighter regulation of agrochemicals and industrial effluents, healthcare and compensation for impacted communities, and sustainable groundwater management practices.