Death Penalty For Water Polluters

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PETALING JAYA: The recent contamination of rivers in the peninsula which resulted in a string of water disruptions affecting millions of users in the Klang Valley alone saw many up in arms, calling for heftier fines and other penalties of a deterrent nature meted out to responsible parties
What not many may know, though, is that there are provisions under the law for the use of the death penalty in extreme and deadly cases
Section 121(1) of the Water Services Industry Act (WSIA) 2006 states that those who contaminate or cause the contamination of a water supply with the intention to cause death, knowing that it could likely cause death or that it would endanger lives, can be sentenced to death if someone dies as a result
Those convicted can also be punished with imprisonment of up to 20 years. If death was not caused, whipping can be meted out
WSIA defines rivers, streams and creeks, seas, lakes, groundwater, dams, reservoirs, ditches and drains as “watercourses”. The death penalty offence listed under Section 121(1) applies if these sources are polluted
This, environmental pressure group Pertubuhan Pelindung Khazanah Alam Malaysia (Peka) told FMT, makes WSIA an extremely powerful law which could make a big difference in protecting the country’s waterways
The problem, though, lies in enforcement
Peka vice-president Saha Deva said he had not heard of the death penalty being used against polluters under WSIA since it was enacted 13 years ago
“The lack of expertise, testing facilities and trained investigating officers hampers the ability to secure successful convictions under WSIA,” he said
He also spoke of problems such as corruption and the focus on profit over sustainability
“The level of awareness and lack of expertise at the disposal of government agencies involving environmental offences is alarmingly weak, as is the will to pursue such matters,” he added
Recent reports said Sungai Kedah had become too dirty to be used as a source of water supply for consumers in Alor Setar. At about the same time, all four major water treatment plants in Selangor were shut down twice in a matter of days following a diesel spill and odour pollution which caused major water disruptions in the Klang Valley
Saha, who is also a lawyer, said enforcement is generally a problem when it comes to environmental matters
He suggested that the precautionary principle be incorporated in all local laws related to the environment, although this would involve constitutional amendments
The precautionary principle states that precautionary measures should be taken if an activity raises threats of harm to human health or the environment, even if some cause-and-effect relationships are not fully and scientifically established
“This would be an uphill task – not only is there inadequate awareness on the part of those tasked with enforcement, there is also insufficient awareness of this principle by the courts,” Saha said
However, he said the death penalty had been statistically proven to be ineffective as a deterrent, citing the example of drug trafficking cases
“Education, therefore, remains the most potent long-term solution to environmental protection which will also be enhanced if environmental protections are expressly and adequately stipulated in the Federal Constitution.” - FMT

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