Judicial Remedy for India’s Waste Management Crisis

India is facing a monumental challenge in managing its growing waste, particularly plastic pollution and unprocessed solid waste.

• Daily Waste Generation: India generates 170,000 tonnes of municipal solid waste per day. Of this:

  • 156,000 tonnes are collected.

  • 54% is treated.

  • 24% is deposited in landfills.

  • 22% is unaccounted for due to leaks in the waste management supply chain.

• Urban Waste Contribution: Cities with populations exceeding one million contribute up to 50% of the total waste generated in India.

• Waste Projections: By 2050, India is expected to generate an estimated 435 million tonnes of solid waste annually.

Key Challenges in Waste Management

1. Plastic Pollution:

   • India is the largest global plastic polluter, releasing 9.3 million tonnes annually (about 20% of global plastic emissions).

   • On average, 0.12 kg per capita per day of plastic waste is generated.

2. Uncontrolled Dumping & Landfills:

   • 10 times more dumpsites exist in India than sanitary landfills, leading to severe environmental degradation.

   • Despite the 95% collection coverage claimed by the government, this statistic excludes rural areas, informal recycling, and open burning, creating a skewed picture of waste management.

3. E-Waste Crisis:

   • India’s electronic waste generation has more than doubled since 2018, surpassing 1.6 million metric tons in FY 2022.

   • Only one-third of e-waste is properly collected and processed.

4. Lack of Reliable Data:

   • Waste generation data is often incomplete, as rural areas and informal sector activities are excluded from official records.

   • The Central Pollution Control Board (CPCB) relies on local municipal bodies for waste data, but the collection methods remain untransparent.

Judicial and Government Interventions

1. Supreme Court of India:

• The Supreme Court has emphasized the importance of waste segregation, requiring it to start at the household level.

• Judicial oversight, particularly continuing mandamus, has been suggested to ensure compliance with waste management laws.

2. High Court Directives:

• Several High Courts have issued orders to improve waste management practices. This includes stronger enforcement of the Solid Waste Management Rules, 2016.

• Courts have intervened in cases where municipal bodies have failed to implement proper waste disposal mechanisms.

What is Continuing Mandamus?

• Continuing Mandamus is a judicial tool that allows courts to issue ongoing directives to ensure continuous compliance with laws and policies.

• In the context of waste management, this would ensure sustained oversight of local authorities and ensure that waste management systems are consistently followed.

Benefits of Judicial Oversight

1. Transparency: Ensures accurate data collection and reporting.

2. Accountability: Promotes adherence to waste segregation, recycling, and scientific disposal.

3. Collaboration: Encourages collaboration between government agencies, local bodies, and citizens for better waste management.

Government Initiatives

1. Solid Waste Management Rules, 2016:

   • Focuses on decentralized waste management, waste segregation at the source, and scientific disposal.

   • Introduces Extended Producer Responsibility (EPR) for managing plastic waste.

   • Encourages a circular economy by setting targets for recycling, reuse, and refurbishment of plastic.

2. Swachh Bharat Mission (SBM):

   • Aimed at improving sanitation and waste management infrastructure across both urban and rural India.

   • Promotes community participation in waste segregation and composting.

3. Waste-to-Energy Projects:

   • Encourages the establishment of waste-to-energy plants to reduce landfill dependency and promote renewable energy generation.

Way Forward

1. Strengthening Waste Segregation:

   • Penalties for non-compliance with waste segregation policies.

   • Support community-based waste management programs to improve local participation in segregating waste at the household level.

2. Enhancing Recycling and Circular Economy:

   • Integrate informal waste recyclers into the formal waste management system, ensuring that they have access to training and resources.

   • Promote waste-to-energy plants and upcycling initiatives to reduce reliance on landfills.

3. Improving Data Collection and Transparency:

   • Third-party audits for accurate reporting of waste generation and disposal.

   • Expand monitoring mechanisms to include rural areas and informal waste processors, ensuring a holistic view of the country’s waste scenario.

4. Aligning with Mission LiFE (Lifestyle for Environment):

   • Align cities with the ‘Reduce Waste’ theme of Mission LiFE, promoting zero-waste practices in localities, events, societies, and festivals.

Conclusion

India’s waste management crisis requires urgent action, combining policy reforms, judicial oversight, and community participation to address the growing environmental challenges.

• Waste segregation, recycling infrastructure, and data transparency are key areas that need strengthening.

• As urbanization continues, sustainable waste management practices must be adopted to safeguard public health and the environment.

• Through enhanced judicial oversight, government accountability, and active community engagement, India can mitigate its waste management crisis and move towards a more sustainable future.