Mess With Ganga And Be Ready To Spend 7 Years In Jail Or Pay Up To Rs 100 Crore In Fine

Seven years in jail or a fine of up to Rs 100 crore is what await those who mess with Ganga, which was recently declared a living entity by the Uttarakhand High Court.

A bill drafted by a panel set up by the Centre, which if made a law, prescribes seven years in jail and a fine of up to Rs. 100 crore for anyone who commits a range of offences on the river, including blocking its flow, quarrying its banks or constructing jetties without permission.

The draft bill has been sent to experts’ committee to seek opinion and will be discussed with Ganga basin states of Uttarakhand, Uttar Pradesh, Jharkhand and Bihar before preparing the the final draft.

Among others, the panel led by retired Justice Giridhar Malaviya, has also suggested declaring an area abutting within 1 kilometre from Ganga and its major tributaries as a "water saving zone".

The panel though has suggested that such zones may be defined after conducting scientific studies within six months after the bill is enacted.

"Since the issue relates to the basin states of Ganga and its tributaries, the Centre wants to discuss the draft with the state governments first. Such a meeting shall be convened in the near future," sources in the ministry said.

"Crores of rupees were spent on cleaning the river in the past, but all went down the drain. Hence, responsibility should be fixed now or else the currents efforts too will not bear fruit," Gupta, an amicus curiae of the Allahabad High Court, told PTI over the phone from the Uttar Pradesh city.

Some of the major punishments for various offences recommended by the panel are:

* Stone quarrying, crushing, cutting, finishing or processing sand mining illegally in bed/on banks of Ganga/its tributaries: Simple imprisonment up to five years or with fine which may extend up to Rs 50,000 or both.

In case the contravention continues, an additional fine extending up to Rs 20,000 per day. Offender concerned shall be punishable with imprisonment for the term which may extend up to seven years in case the failure continues for a year after a conviction.

* Causing discontinuity in flow of water in Ganga/ tributaries without permission from competent authority: Offender shall be liable to imprisonment up to two years and monetary fine which may extend to Rs 100 crore.

* Constructing jetties/port/permanent hydraulic structure for storage/diversion/control/channelisation of water into/from Ganga/tributaries sans permission: one year imprisonment and monetary fine which may extend up to Rs 50 crore.

* Contaminating water of Ganga/tributary by disposal of pesticide, non-degradable plastic, waste batteries, hazardous chemicals: imprisonment for a term extending up to one year or with fine which may extend up to Rs 50,000 or with both and in case contravention continues, with additional fine which may extend up to Rs 5000.

* Withdrawing water by electric/diesel-operated tubewells from the land fronting Ganga/tributaries: simple imprisonment for a term which may extend to two years or with fine which may extend to Rs 2000, or with both.

Additional fine which may extend up to Rs 2000 per day in case of contravention. The imprisonment may be extended to five years in case the failure continues beyond a period of a year after conviction.