Combating Marine Pollution in India: An Emerging Jurisprudence

Abstract
The issue of marine pollution is no longer a ‘threat in theory’. Generally speaking pollution
means lack of purity and includes both natural and human induced contamination. Oceans are
home and lifeline to a varied range of aquatic animals and plants and thus having a very high
biodiversity. Marine pollution has emerged as the most devastating human crisis of the
century with consequences leading to the degradation of the coastal and marine environment.
The anthropogenic debris generated by land based activities, vessels, domestic sewage,
pesticides, radioactive materials, oil products, ocean dumping, atmospheric and off-shore
hydrocarbon exploration and greenhouse emissions etc. generate a variety of pollutants into
the oceans and persistently remains despite a plethora of international regulations.

In this context the mandate of the United Nations Convention on the Law of the Sea
(UNCLOS), 1982 and the rules framed thereunder have bestowed the responsibility to
improve the marine environment through implementation of the rules and regulations on the
member states. As a logical consequence India had enacted The Water (Prevention and
Control of Pollution) Act, 1974 and The Environment Protection Act (EPA), 1986 and the
rules and regulations framed thereunder to keep the coastal waters clean and free from
pollution. The Coastal Regulation Zones Rules Notifications and the Coastal Zone
Management Plans have been phenomenal with respect to coastal zones pollution abatement.

The paper will examine the cross sectoral issues of marine pollution by employing critical
legal research methodology.

This paper in first part deals with the current state of the problem and its impacts. The second
part identifies the inherent provisions to address the issue of marine pollution under the
international legal regime for the purpose of the prevention, control and reduction of marine
pollution. The third part analyses the existing laws on marine pollution in India. The authors
are mindful that there have been comprehensive international regulations on marine pollution
addressing the problem at all levels- national, regional and global. However, these regulations
still remain deficient. Thus this paper explores into the possibility of having a specific
domestic regulatory framework to mitigate the issue at hand.

Keywords: Marine Pollution, Marine Environment, United Nations, Sea, Law.