The Supreme Court has taken a significant step to protect the country’s rivers from environmental harm, issuing notices to key government bodies, including the Ministry of Environment, Forest & Climate Change (MoEF&CC), the Ministry of Jal Shakti, the Ministry of Earth Sciences, the Central Water Commission, and the Central Pollution Control Board (CPCB).

A bench headed by Chief Justice D.Y. Chandrachud instructed these authorities to respond within three weeks.

These notices were issued following a writ petition under Article 32 of the Constitution, filed by Dr. Ashok Kumar Raghav, a former IPS officer. The petition raises concerns about unauthorized constructions and their adverse effects on the environment, public health, and infrastructure. It claims that these illegal activities are causing extensive damage, such as frequent floods and the collapse of vital infrastructure, holding the government accountable, particularly the MoEF&CC and the Ministry of Jal Shakti, for not enforcing regulations under the Environment (Protection) Act, 1986.

A key issue highlighted in the petition is the delay in notifying the River Conservation Zone (RCZ) or River Regulation Zone (RRZ), which has been pending since 2015. The petitioner warned of unchecked encroachments along rivers, which hinder groundwater recharge and exacerbate water shortages, posing a long-term threat to the country’s water security.

Dr. Raghav cited India’s ongoing water crisis, referencing the 2018 NITI Aayog report, and criticized the weak enforcement of the 2012 National Water Policy’s provisions on river protection.

The petition also brings attention to infrastructure failures during monsoons, particularly in states like Himachal Pradesh and Uttarakhand, urging the Supreme Court to mandate stronger regulations and the timely implementation of the RCZ notification. The petitioner argued that protecting rivers is integral to safeguarding the fundamental right to life under Article 21 of the Constitution, as clean water is essential for human survival.

The Public Interest Litigation (PIL) underscores the government’s constitutional responsibility to protect water resources, arguing that the right to life includes access to safe water. It also emphasizes the need for better water management to prevent threats to health, livelihoods, and the right to trade under Article 19(1)(g).

Citing the 2018 Composite Water Management Index, the petition warns of severe water stress affecting 600 million people and accuses the State of failing to address violations of laws such as the Water (Prevention and Control of Pollution) Act, 1974.

In conclusion, the petition calls for immediate notification of the River Conservation Zones (RCZ), stricter measures to prevent encroachments, and the establishment of a permanent River Monitoring Committee to safeguard river ecosystems. It further asserts that illegal constructions on riverbeds, floodplains, and catchment areas violate principles of sustainable development, the Precautionary Principle, the Polluter Pays doctrine, and inter-generational equity.

The petitioner is represented by Advocate Akash Vashishtha, alongside Advocate-on-Record (AOR) Rishi Sehgal, and Advocate Midhun Aggarwal.