Why India’s ethanol push costs 10,000 litres of water per litre

The Hook: Your Tank vs. Your Tap

You are at a petrol pump in Pune, Belagavi, or Meerut. You see the "E20" sticker on the dispenser and feel a slight sense of relief—India is finally moving toward "green" fuel, right? But here is the reality check: that 20% ethanol is mostly fermented sugarcane juice. In a country where 21 major cities are racing toward zero groundwater levels, producing just one litre of ethanol can guzzle up to 10,000 litres of water when you factor in the lifecycle of irrigation in water-stressed regions.

While the government aims to reduce oil imports, the cost is being shifted to your local water table. If your borewell is running dry while a nearby distillery is expanding to meet the E20 mandate, you aren't just a spectator. You are a stakeholder in a massive water-energy trade-off. This guide is about how to look behind the "green" label and use the law to ensure your district isn't being traded for a few rupees off a petrol bill.

What the law actually says

The push for ethanol is governed by the National Policy on Biofuels (2018), which was amended in June 2022 to fast-track the target of 20% ethanol blending in petrol (E20) from 2030 to 2025-26. While the policy mentions "environmental sustainability," it primarily focuses on energy security and helping sugar mills clear dues to farmers.

However, this policy does not override your fundamental right to water. Under the Environment Impact Assessment (EIA) Notification, 2006 (issued under the Environment (Protection) Act, 1986), molasses-based distilleries are classified as "Category A" or "Category B" projects. This means they cannot start or expand without an Environmental Clearance (EC). This process requires a mandatory Public Consultation for most projects, where you have a legal right to object if the project threatens local water security.

Furthermore, the Water (Prevention and Control of Pollution) Act, 1974, specifically Section 25, requires every distillery to obtain a "Consent to Establish" (CTE) and "Consent to Operate" (CTO) from the State Pollution Control Board (SPCB). These documents specify exactly how much water the unit is allowed to extract and how it must treat its effluent.

Crucially, the Central Ground Water Authority (CGWA) issued guidelines in 2020 (and updated since) stating that any industry extracting groundwater must obtain a No Objection Certificate (NOC). In "Over-exploited" assessment units (blocks/talukas), no new industry is allowed to extract groundwater for commercial use unless it is for very specific essential services—and ethanol distilleries often try to bypass this by claiming they are "green" projects.

If a distillery is stealing water or polluting your local source, they are violating Section 24 of the Water Act and potentially committing a criminal act under the Bharatiya Nyaya Sanhita (BNSS) related to public nuisance and the fouling of water (Section 274 of the BNS, 2023).

Step-by-step playbook: Tracking the Water Guzzlers

If you suspect a local distillery is draining your groundwater or if a new one is being built in your water-stressed block, here is how you intervene.

Step 1: Identify the Impact Zone

Before filing anything, you need to know if your area is officially water-stressed.

• Action: Go to the India-WRIS (Water Resources Information System) portal or the Central Ground Water Board (CGWB) website.
• Search: Find your District and Block. Check if it is categorised as "Over-exploited," "Critical," or "Semi-critical."
• Why: If your block is "Over-exploited," any new distillery extracting groundwater is likely violating CGWA guidelines.

Step 2: Dig for the Paperwork (The RTI Route)

Distilleries often claim they use "recycled water," but the math rarely adds up. You need to see their actual permissions.

• Action: File an RTI online with your State Pollution Control Board (SPCB).
• What to ask:
  1. "Provide a copy of the Consent to Operate (CTO) and Consent to Establish (CTE) for [Name of Distillery]."
  2. "What is the daily permitted groundwater extraction limit for this unit?"
  3. "Provide a copy of the No Objection Certificate (NOC) issued by the CGWA for this unit."
  4. "Has the unit complied with the Zero Liquid Discharge (ZLD) norms in the last four quarters?"
• Timeline: You should get a response within 30 days.

Step 3: Monitor the Public Hearing

If a distillery is planning to expand to meet the E20 demand, they must hold a public hearing under the EIA Notification 2006.

• Action: Check your local newspaper (usually the back pages) or the SPCB website for "Public Hearing Notices."
• What to do: Attend the hearing. You don't need to be an expert. Stand up and ask: "In an Over-exploited block, how will the extraction of X lakh litres of water daily not affect the drinking water of the surrounding 10 villages?"
• Pro Tip: Ensure your objection is recorded in the "Minutes of the Meeting," which are later sent to the Ministry of Environment, Forest and Climate Change (MoEFCC).

Step 4: Verify Local Water Works

Sometimes, companies claim they are "recharging" groundwater through CSR or local projects to offset their use.

• Action: Use the MGNREGA vigilance toolkit to check if the water conservation structures in your village (ponds, check dams) are actually being built by the government or if the distillery is falsely claiming credit for them to get their environmental clearance.

Step 5: Filing a Complaint

If the RTI reveals they are extracting more than permitted, or if they don't have a valid NOC:

• Action: Write a formal complaint to the Member Secretary of your SPCB and the Regional Director of the CGWB.
• Evidence: Attach your RTI response and photos of local dry wells or tankers being filled at the distillery.
• Escalation: If the SPCB ignores you, you can file a petition in the National Green Tribunal (NGT). You don't necessarily need a high-profile lawyer for this; the NGT often takes up letters as "Suo Motu" petitions if the environmental damage is clear.

Step 6: When it becomes a Crime

If the distillery is actively polluting a river or an aquifer that people use for drinking, it is a criminal offence.

• Action: How to file an FIR (and what to do if police refuse). Cite Section 274 of the BNS (Fouling water of public spring or reservoir) and Section 25/44 of the Water Act.
• Expected Timeline: Police are often hesitant to book large industries. You may need to escalate to the Superintendent of Police (SP) under Section 173(4) of the BNSS.

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Where it usually breaks

Even with the law on your side, the "ethanol lobby" is powerful. Here is where your efforts will likely hit a wall and how to climb over it.

1. The "Zero Liquid Discharge" (ZLD) Scam: Most distilleries get their environmental clearance by promising ZLD—meaning no water leaves the factory. In reality, many units bypass their treatment plants at night or during monsoons, dumping "spent wash" (toxic byproduct) into local streams or unlined pits.

   • Workaround: Don't just complain about "pollution." Use your phone to record time-stamped videos of discharge pipes or changes in water colour in nearby drains. Send these to the Member Secretary of your State Pollution Control Board (SPCB) via registered post, not just email. Under Section 25 of the Water Act, they are duty-bound to inspect.

2. The "Ghost" Public Hearings: For new ethanol plants, the mandatory Public Consultation (under the EIA Notification 2006) is often "managed." Notices might be published in obscure editions of newspapers, or the meeting held in a gated area where locals aren't allowed.

   • Workaround: Regularly check the "Environmental Clearance" tab on your state’s SEIAA (State Level Environment Impact Assessment Authority) website. If a hearing happened without local notice, you can challenge the entire clearance at the National Green Tribunal (NGT) within 30 to 90 days of the order. Cite Hanuman Laxman Aroskar vs. Union of India (2019), where the Supreme Court held that public participation is a "liminal" (essential) part of environmental law.

3. The "Illegal Borewell" Denial: When your village wells go dry, the distillery will claim they only use "recycled water." Proving they are sucking up groundwater is hard because meters are often tampered with.

   • Workaround: File an RTI with the Central Ground Water Authority (CGWA) or your state’s Ground Water Department asking for the "Piezometer readings" of the distillery’s area for the last three years. If the water table has dropped drastically compared to neighbouring blocks, you have data-backed proof for a PIL (Public Interest Litigation).

4. The "Green Fuel" Shield: Officers may dismiss your complaints by saying ethanol is "national interest" for energy security.

   • Workaround: Remind them that the Right to Life (Article 21) includes the right to clean water, as established in Subhash Kumar vs. State of Bihar (1991). No "policy" or "scheme" can override a Fundamental Right.

Templates / script

A. RTI Template: Checking Water Extraction

To: Public Information Officer (PIO), State Pollution Control Board / District Ground Water Office. Subject: Request for Information under Section 6(1) of the RTI Act, 2005 regarding [Name of Distillery/Factory].

Body: Sir/Madam, please provide the following information regarding [Name of Distillery], located at [Address/Village]:

1. A certified copy of the 'Consent to Operate' (CTO) granted to this unit under the Water (Prevention and Control of Pollution) Act, 1974.
2. The daily permissible limit of groundwater extraction as per the NOC issued by the CGWA/State Ground Water Authority.
3. Certified copies of the last six months of water meter readings submitted by the unit to your office.
4. Details of any penalties or 'Show Cause' notices issued to this unit for water-related violations in the last 3 years.

I have attached the ₹10 fee via [Postal Order/Online Receipt]. I am an Indian citizen.

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B. Complaint Script: Reporting Water Fouling (BNSS)

To: The Station House Officer (SHO), [Local Police Station]. Subject: Complaint under Section 274 of the Bharatiya Nyaya Sanhita (BNSS), 2023.

Script/Text: "I am writing to report a public nuisance and the fouling of a public water source. The distillery located at [Location] is discharging untreated effluents into the [Name of Stream/River/Pond]. This is a direct violation of Section 274 of the BNSS, which prohibits voluntarily corrupting or fouling the water of any public spring or reservoir, making it less fit for its ordinary use.

This act is endangering the health of [Number] residents and livestock in our village. I request you to register an FIR, inspect the site, and coordinate with the SPCB for water sampling. I have attached video evidence of the discharge."

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C. Email to District Collector (The "Water Stress" Alert)

To: [[email protected]] Subject: Urgent Intervention: Groundwater Depletion in [Block Name] due to Ethanol Expansion.

Body: Respected Collector, Our block is currently classified as [Over-exploited/Critical] by the CGWB. Despite this, the expansion of [Distillery Name] is leading to a massive drop in the local water table, causing 1 lakh+ litres of extra extraction daily. We request an immediate 'Social Audit' of the water usage of this unit as per the Environment (Protection) Act. If water levels are not restored, the local agricultural economy will collapse. We look forward to a site inspection within 7 days.

FAQs

1. Can a distillery be stopped if it already has an Environmental Clearance (EC)? Yes. An EC is not a "forever" permit. If they violate the conditions (like extracting more water than allowed or failing ZLD), the SPCB or the Ministry of Environment (MoEFCC) can revoke it. You can track their compliance on the PARIVESH portal (parivesh.nic.in). If you find discrepancies, file a formal complaint with the Regional Office of the MoEFCC.

2. How do I know if my local distillery is "Category A" or "B"? Generally, large distilleries (>100 Kilo Litres Per Day) are Category A and are monitored by the Central Government (MoEFCC). Smaller ones are Category B and monitored by the State (SEIAA). Check their signboards or RTI their 'Consent to Establish' (CTE) to find out. Category A units have stricter monitoring requirements.

3. Is it true that ethanol saves the environment? It reduces tailpipe emissions (carbon monoxide), but its "water footprint" is massive. In India, 90% of ethanol comes from sugarcane, which is a water-guzzling crop. One kg of sugar (and its byproduct molasses) requires about 1,500–2,000 litres of irrigation. If the water comes from depleting aquifers, the "green" benefit is cancelled out by ecological damage.

4. What if the police refuse to file an FIR for water pollution? Water pollution is a specialised offence. If the police refuse, cite the Supreme Court judgment in Lalita Kumari vs. Govt. of UP (2014)—they must register an FIR if a cognizable offence (like public nuisance under BNSS 274) is disclosed. If they still refuse, send your complaint to the Superintendent of Police (SP) via registered post under Section 173(3) of the BNSS.

5. How much does it cost to file a case in the National Green Tribunal (NGT)? Filing a basic application in the NGT is relatively affordable, often around ₹1,000 for individuals. You don't always need a high-profile lawyer; the NGT often allows "aggrieved persons" to present their case if they have solid data/evidence. Check the official filing procedure at ngt.gov.in.

6. Can I get compensation if the distillery ruined my farm’s borewell? Yes, under the "Polluter Pays Principle." The NGT has the power to order distilleries to pay environmental compensation to affected villagers. In several cases, the NGT has fined sugar mills and distilleries crores of rupees for groundwater contamination and depletion. You will need to provide "before and after" proof of your water level and quality.

Sources

• NITI Aayog E20 Roadmap
• CGWA NOC Portal
• CPCB ZLD Guidelines
• Water Act 1974