Waste Management: India's Mound Of Problems

The effluence of human activities has now piled up into a mound so big that it threatens our existence in many ways. In the first of a monthly column, we look at India's existing laws to tackle the menace

Waste management is a looming crisis in India, as well as around the world. For far too long, the garbage and waste produced by humans has been silently directed into natural water bodies, including ponds, rivers and seas, buried underground or simply left to rot (and leach) in open spaces outside cities — in the hope that it can be forgotten as an 'externality' of our economic activities.

However, much like the air pollution that has now pushed humanity into considering collective emergency measures, the effluence of human activities has now piled up into a mound so big that it threatens our existence in many ways.

Here are five key facts that serve as a great reminder of what improper waste management has done across the world:

  1. By 2050, there will be more plastics in the oceans by weight than fish.
  2. The Pacific Ocean has large, circular ocean currents called gyres, which have created islands of plastic waste disposed in oceans.
  3. India is the second largest contributor to marine plastic litter in the world.
  4. Microplastics are now part of our bloodstream as we consume plastics with everything else.
  5. We consume in 7 months what Earth takes a year to replenish. Earth Overshoot Day is the date when humanity's consumption of resources exceeds the Earth's capacity to regenerate them in a given year. In 2024, this was on August 1.

Research points out the fact that urbanisation plays a key role in the growth of waste that is being generated around the world. Waste is also a key producer of greenhouse gas emissions when it is not recycled and is just dumped openly.

It also has resources which have the potential to be recycled and be a part of the production process. However, growth in the use of products and materials and their indiscriminate ways of disposal have led to this looming crisis. 

India's Journey In Creating Rules To Protect Environment

In India, the Environment (Protection) Act, 1986, was enacted in response to the Bhopal gas tragedy, and decisions taken earlier, at the United Nations Conference on Human Environment, held in Stockholm in 1972. 

The Act aims to provide for the protection and improvement of the environment and the prevention of hazards to human beings, other living creatures, plants, and property.

Key features of this Act are:

  • Regulatory Authorities: The Act establishes the Central Pollution Control Board (CPCB) at the national level and State Pollution Control Boards (SPCBs) at the state level to implement and enforce environmental laws.
  • Environmental Clearance: It empowers the central government to regulate activities impacting the environment, requiring clearance for potentially polluting projects.
  • Pollution Control: The Act authorises regulatory bodies to set emission and discharge standards, with powers to control and mitigate pollution.
  • Hazardous Substances: It grants the government authority to regulate, manage, and ensure the safe handling, transportation and disposal of hazardous substances.
  • Penalties and Enforcement: The Act prescribes penalties for offenses related to environmental pollution, including fines and closure of non-compliant industries.
  • Public Participation: It emphasises public involvement in environmental protection, allowing citizens to file complaints and seek legal remedies.
  • Environmental Impact Assessment: The Act introduces mandatory Environmental Impact Assessment (EIA) for projects to assess potential environmental impacts before clearance.

To ensure that environmental protection was accorded its due importance, the National Green Tribunal (NGT) was established in India on October 18, 2010, under the National Green Tribunal Act, 2010.

It was set up to provide a specialised forum for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. The NGT aims to reduce the burden on regular courts and ensure swift justice in environmental matters.

The NGT plays a crucial role in safeguarding the environment by addressing issues related to environmental laws and regulations. It provides a specialised forum to handle cases involving environmental violations, conservation of natural resources, and prevention of environmental damage.

The NGT's mission aligns with constitutional provisions that guarantee the right to a clean and healthy environment. The tribunal operates on principles such as the "polluter pays" principle and sustainable development doctrine.

Legislating Waste Management

Over the years, the regulatory framework around waste has been strengthened through the enactment of different sets of rules. As waste generation becomes prolific and of varied types, these rules have played their part in ensuring the development of different business models to counter it.

Significant regulations which have been enacted subsequently, include:

  • Municipal Waste: The Solid Waste Management Rules, 2016, provide a comprehensive set of directives for managing municipal waste. These rules emphasise segregation at the source, collection, transportation, processing and disposal of municipal waste.
  • Plastic Waste: The Plastic Waste Management (Amendment) Rules, 2018, focus on reducing the generation of plastic waste and promoting the use of biodegradable alternatives. These rules mandate the segregation and proper disposal of plastic waste.
  • E-Waste: The E-Waste (Management and Handling) Rules were first introduced in 2011 and have undergone several amendments, including the E-Waste Management Rules, 2022. These rules aim to regulate the disposal and recycling of electronic waste, ensuring that hazardous substances are managed safely.
  • Biomedical Waste: The Biomedical Waste Management Rules, 2016, provide guidelines for the segregation, collection, transportation and disposal of biomedical waste generated by healthcare facilities.
  • Construction and Demolition (C&D) Waste: The Construction and Demolition Waste Management Rules, 2016, focus on the proper disposal and recycling of waste generated from construction and demolition activities.
  • Hazardous Waste: The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, regulate the generation, handling, storage and disposal of hazardous waste.
  • Battery Waste: The Battery Waste Management Rules, 2020, provide guidelines for the proper disposal and recycling of used batteries to prevent environmental contamination.
  • Radioactive Waste: The management of radioactive waste is governed by the Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987, which ensure the safe handling and disposal of radioactive materials.

The evolution of waste management rules in India is based on the principles of sustainable development, precaution and the polluter pays principle. These principles require cities and businesses to act responsibly and take care of the environment, fixing any harm they cause.

The rules for different kinds of waste have been developed over the years to address the specific challenges posed by each type of waste and to promote environmentally sound management practices.

Management Of E-Waste: New Challenges

The Basel Convention provides guidance on the environmentally sound management of e-waste, recommending the development and introduction of innovative, safe, and sound technologies for the treatment, recycling or recovery of e-waste.

The Mobile Phone Partnership Initiative (MPPI) and the Partnership for Action on Computing Equipment (PACE) are examples of multi-stakeholder partnerships under the Basel Convention that promote environmentally sound management of used and end-of-life electronic devices.

Additionally, a strategic approach to circular economy in managing e-waste can improve resource efficiency by extending the life of electrical and electronic equipment and creating a balance of pathways to maximise its social, economic and environmental benefits through reuse, recycling and refurbishment.

This is the beginning of a monthly column on waste management in India.

(The writer is the innovation and R&D chief at Opengate Global Enterprises, and an expert in circular economy and e-waste management. Views are personal)

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