A Powerful Judicial Remedy for Waste Management in India

Syllabus: GS3/Environmental Pollution & Degradation; Conservation

Context

  • As India faces a monumental challenge in managing its waste, with plastic pollution and unprocessed solid waste, there is a need for judicial remedy to address the country’s waste management crisis.

About the Solid Waste in India

  • India generated 170,000 tonnes of municipal solid waste per day, about 156,000 tonnes were collected, of which nearly 54% was treated, and 24% was deposited in landfills (FY 2021–22).
    • The remaining 22% was unaccounted for due to leakages in the waste supply chain.
  • Cities with a million-plus population in India contribute up to half of total waste generation, and Indian cities are expected to generate an estimated 435 million tonnes of solid waste by 2050.

Challenges in Waste Management

  • Plastic Pollution: India is the largest plastic polluter globally, releasing 9.3 million tonnes annually, accounting for 20% of global plastic emissions.
    • Official statistics report that India generates plastic waste at a rate of 0.12 kg per capita per day.
  • Uncontrolled Dumping and Landfills: India’s dumpsites outnumber sanitary landfills by 10:1, leading to severe environmental degradation.
    • While the government reports 95% collection coverage, it excludes rural areas, open burning of waste, and informal sector recycling, leading to inaccurate assessments of plastic waste management.
  • India’s Electronic Waste Generation: It has more than doubled since 2018, having surpassed 1.6 million metric tons in the financial year 2022.
    • Only about one-third of this volume was collected and processed. 
  • Lack of Reliable Data and Transparency: Waste generation data is often incomplete, with rural areas and informal recycling efforts excluded from official reports.
    • The Central Pollution Control Board (CPCB) relies on municipal bodies for data, but methodologies remain unclear.

Judicial and Government Interventions

  • Role of Supreme Court of India: The Supreme Court has emphasized the importance of waste segregation, stating that it must begin at the household level.
    • Judicial oversight, such as continuing mandamus, has been suggested to ensure compliance with waste management laws.
  • High Court Directives: Various High Courts have issued orders to improve waste management practices, including stricter enforcement of Solid Waste Management Rules, 2016.
    • Courts have intervened in cases where municipal bodies failed to implement proper waste disposal mechanisms.
What is Continuing Mandamus?
– A judicial tool that allows courts to issue ongoing directives to ensure compliance with environmental laws and policies.
– It enables sustained oversight, holding authorities accountable for implementing waste management measures.
Benefits of Judicial Oversight
– Ensures transparency in data collection and reporting.
– Promotes adherence to waste segregation, recycling, and scientific disposal practices.
– Encourages collaboration between government agencies, local bodies, and citizens.

Government Initiatives

  • Solid Waste Management Rules (2016): It emphasizes decentralized waste management, segregation at source, and scientific disposal of waste.
    • It mandates Extended Producer Responsibility (EPR) for plastic waste management.
    • The EPR regulations mandate targets for minimum level of reuse, recycling / refurbishment and use of recycled content, as applicable and promote circular economy.
  • Swachh Bharat Mission (SBM): It focuses on improving sanitation and waste management infrastructure in urban and rural areas.
    • It promotes community participation in waste segregation and composting.
  • Waste-to-Energy Projects: It encourages the establishment of waste-to-energy plants to reduce landfill dependency and generate renewable energy.

Way Forward

  • Strengthening Waste Segregation:
    • Implement strict penalties for non-compliance with waste segregation policies.
    • Encourage community-based waste management initiatives to improve local participation.
  • Enhancing Recycling and Circular Economy:
    • Integrate informal waste recyclers into formal waste management systems.
    • Promote waste-to-energy plants to reduce landfill dependency.
  • Improving Data Collection and Transparency:
    • Conduct third-party audits to ensure accurate reporting of waste generation and disposal.
    • Expand monitoring mechanisms to include rural areas and informal waste processing.
  • Aligning with Mission LiFE: Aligning with the ‘Reduce Waste’ Theme of the Mission Lifestyle for Environment (LiFE), cities can promote zero waste ecosystems such as zero-waste wards, events, societies, and festivals.

Conclusion

  • India’s waste management crisis demands urgent intervention through policy reforms, judicial oversight, and community participation. 
  • Strengthening waste segregation, recycling infrastructure, and data transparency will be crucial in addressing the country’s mounting waste challenges. 
  • As urbanization accelerates, India must adopt sustainable waste management practices to protect its environment and public health.
Daily Mains Practice Question
[Q] Discuss the role of judicial intervention in addressing India’s waste management crisis.

Source: TH

 

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