WASTE MANAGEMENT: ENVIRONMENT

WASTE MANAGEMENT: ENVIRONMENT

NEWS: A powerful judicial remedy for waste management

WHAT’S IN THE NEWS?

India faces a severe waste management crisis with over 62 million tonnes generated annually, poor segregation, and overflowing dumpsites. Judicial intervention through writs like mandamus is increasingly used to enforce legal duties and improve compliance by local bodies.

What is Waste Management?

  • Encompasses the collection, segregation, transportation, treatment, recycling, and disposal of waste generated by households, industries, and institutions.
  • Aims to minimize waste generation, promote resource recovery, and ensure safe disposal to protect public health and the environment.
  • Supports the circular economy model, encouraging reuse and repurposing of waste materials.

What is a Writ of Mandamus?

  • A constitutional remedy under Article 226 (High Courts) and Article 32 (Supreme Court) of the Indian Constitution.
  • Mandamus is issued by a court to a public authority or official, compelling them to perform a statutory or public duty that they failed to discharge.
  • In the context of waste management, courts can direct urban local bodies, state boards, or ministries to implement existing waste laws and guidelines effectively.

Key Objectives of Waste Management

  • Prevent environmental pollution and safeguard human health.
  • Ensure compliance with legal frameworks like the Solid Waste Management Rules, 2016.
  • Encourage segregation at source, recycling, and composting.
  • Promote economic opportunities through waste valorization and green jobs.
  • Mitigate the impacts of plastic and legacy waste.
  • Align with India’s climate and SDG commitments.

Types of Waste in India

  • Solid Waste: Includes municipal, industrial, and C&D (construction and demolition) waste.
  • Liquid Waste: Includes sewage, effluents, greywater, and chemical discharges.
  • Organic Waste: Biodegradable matter like food scraps, garden waste, paper.
  • Hazardous Waste: Toxic, reactive, flammable or corrosive materials (e.g., batteries, paints, pesticides).
  • Recyclable Waste: Paper, plastics, metals, glass.
  • Biomedical Waste: Disposed medical materials—infectious and pharmaceutical.
  • E-Waste: Discarded electronics containing harmful substances like lead and mercury.

Why Waste Management is Crucial for India

  • Environmental Protection: Prevents land, air, and water pollution; combats climate change.
  • Health Security: Reduces exposure to hazardous chemicals and pathogens, especially in slums and near landfills.
  • Plastic Crisis Mitigation: India generates 9.3 million tonnes of plastic waste annually; poor segregation leads to microplastic contamination.
  • Economic Benefits: Recycling and energy recovery can generate significant economic value and reduce import dependency for raw materials.
  • Sustainable Tourism: Prevents litter in ecologically sensitive tourist areas.
  • Compliance and Accountability: Non-implementation leads to judicial action and public outrage.

Current Status of Waste Management in India

  • Waste Generation: ~62 million tonnes/year. Projected to reach 165 million tonnes by 2030.
  • Collection Efficiency: 70% of waste is collected; only 12 million tonnes treated.
  • Legacy Waste: Over 3,000 dumpsites, only 19% remediated as per Swachh Bharat Mission 2.0.
  • Plastic Recycling: 60% recycled, largely through informal sector.
  • Urban India: Major generator—Delhi, Mumbai, Bengaluru top the list.

Methods of Waste Management in India

  • Source Segregation: Wet (biodegradable), dry (recyclable), and hazardous waste separation at source.
  • Composting & Biomethanation: For organic waste, producing compost or biogas.
  • Material Recovery Facilities (MRFs): For sorting and processing dry waste.
  • Scientific Landfills: Engineered landfills replacing open dumping (rarely used).
  • Waste-to-Energy (WtE): Incinerating waste for electricity generation (limited success).
  • Bioremediation: Using biological agents to clean legacy dump sites.
  • Extended Producer Responsibility (EPR): Producers must take back packaging and process it.
  • Informal Sector Integration: Models like SWaCH and Hasiru Dala formalize waste pickers’ roles.

Legal and Institutional Framework

  • 74th Constitutional Amendment (Article 243W): Assigns waste management duties to Urban Local Bodies (ULBs).
  • Article 51A(g): Fundamental duty to protect the environment.
  • Solid Waste Management Rules, 2016: Mandates segregation, collection, recycling, and treatment.
  • EPR Rules (2022): Mandatory for producers of plastic, e-waste, batteries.
  • CPCB & SPCBs: Central and state pollution control bodies oversee enforcement.
  • ULBs: On-ground implementation responsibility.

Judicial Interventions – Role of Mandamus

  • M.C. Mehta Cases: Landmark PILs led to doctrines like "Polluter Pays" and "Absolute Liability."
  • Vellore Citizens Forum Case (1996): Emphasized sustainable development and green fund creation.
  • Recent Supreme Court Orders (2025): Pulled up NCR states for failure to comply with SWM Rules—example of mandamus writ in action.

Successful Global Models

  • Japan: Mottainai culture, zero waste policies.
  • Sweden: 50%+ waste converted to energy; <1% in landfills.
  • South Korea: Pay-as-you-throw system; smart bins.
  • Germany: Pioneered EPR through “Green Dot” system.

Challenges in India’s Waste Management

  • Insufficient processing infrastructure (compost, biomethanation, WtE).
  • Low segregation at source; poor awareness.
  • Legacy dumpsites occupy prime land and leak toxins.
  • Lack of integration with informal workers (~1.5 million workers).
  • Weak policy enforcement and limited ULB capacity.
  • Funding gaps – waste gets just 5–25% of municipal budgets.
  • Public apathy and poor behavior change on waste habits.

Way Forward

  • Behavior Change Communication (BCC): Promote source segregation via IEC campaigns.
  • Empower Informal Sector: Scale-up models like SWaCH and provide safety nets.
  • Expand Infrastructure: MRFs, WtE plants, composting units for every city tier.
  • Bioremediation of Dumpsites: Accelerate remediation using biomining and drones for monitoring.
  • Zero Waste Models: Adopt in cities and wards; incentivize decentralized composting.
  • Enforce EPR Strictly: Real-time tracking of plastic recovery.
  • Leverage Digital Tools: GPS trucks, QR bins, ESG dashboards, and waste audit portals.

 

Source : https://www.thehindu.com/opinion/lead/a-powerful-judicial-remedy-for-waste-management/article69506203.ece#:~:text=Continuing%20mandamus%20could%20be%20the,India's%20giant%20waste%20management%20problem&text=India%20is%20the%20biggest%20plastic,fifth%20of%20global%20plastic%20emission.