Editorial 1: A powerful judicial remedy for waste management

Context

Continuing mandamus could be the solution to address India's massive waste management problem.

Introduction

India is the largest plastic polluter in the world, according to a new study published in Nature, releasing 9.3 million tonnes (Mt) annually. This accounts for about a fifth of global plastic emissions. The study defines plastic emissions as material (including debris and open plastic burning) that has moved from managed or mismanaged systems (where waste is somewhat controlled) to the unmanaged system (the environment, in an uncontained state) with no control.

Plastic Waste in India: Current Challenges and Solutions

• State of Waste Management in India: India’s dumpsites (uncontrolled land disposal) outnumber sanitary landfills by a ratio of 10:1.
  • Despite a claimed national collection coverage of 95%, official statistics exclude:
    • Rural areas
    • Open burning of uncollected waste
    • Waste recycled by the informal sector.
  • As a result, the official plastic waste generation rate of 0.12 kg per capita per day (kg cap−1 day−1) is likely underestimated, while waste collection is overestimated.
  • Study Findings: The actual plastic waste generation rate in India is 0.54 kg per capita per day.
• Plastic Waste in the Indian Himalayan Region: Lack of data regarding the quantum and quality of plastic waste in the region.
  • Limited capacity to manage plastic waste effectively.
• Waste Data Reporting and Transparency: Waste generation data is reported through the Central Pollution Control Board’s annual reports, based on information from State Pollution Control Boards (SPCBs) and municipal bodies.
  • Key Issues:
    • No clarity on the methodology used by SPCBs, PCCs, or municipal bodies.
    • Absence of waste audits explaining how the figures are derived.
  • The methodology used for data collection should be publicly disclosed and subjected to third-party scrutiny to ensure transparency and accuracy.
• Data Gaps and Rural Waste Management: No proper accounting of waste generated in rural India (which falls under Panchayati Raj institutions).
  • Lack of waste management systems in areas outside local self-governance institutions.
• Legal and Constitutional Perspective
  • Supreme Court Ruling: Environmental protection is a constitutional obligation aimed at safeguarding individual rights and ecological balance.

Urgent Need for Reliable Waste Data

Operationalizing Extended Producer Responsibility (EPR)

• Formation of Kiosks: Producers, importers, and brand owners (PIBOs) should establish kiosks to collect EPR-covered waste.
  • Kiosks should be strategically placed based on waste volume, geographic factors, and ease of access.
  • Local bodies, both urban and rural, should have easy access to these kiosks.
• Waste Segregation at Kiosks: PIBOs can employ people to manage waste segregation at kiosks, ensuring compliance with legal mandates.
  • This system, while complex, is achievable with proper planning and infrastructure.
• Leveraging Technology for Waste Management: India, being a technology leader, has the potential to use innovative solutions to track and manage waste generation and disposal.
  • By integrating technology with waste management systems, India can set a global example in tackling plastic waste.

Supreme Court Verdict on Vellore Tanneries Pollution

Focus on the polluter

• Court’s Stand on Polluter Pays Principle: The Court affirmed that the polluter pays principle imposes absolute liability for environmental harm, covering both victim compensation and the cost of restoring the environment.
• Remediation as Sustainable Development: Environmental remediation is part of sustainable development, with polluters liable for restoring damaged ecology and compensating individuals.
• Environmental Law Violations: Violations of environmental laws or failure to control pollution trigger the polluter’s liability, including:
  • Non-compliance with pollution control measures.
  • License violations or actions harmful to the environment.
• Polluter’s Liability: Polluters must compensate victims and restore the environment.
• Challenges in Compensation: Determining fair compensation is complex, considering both tangible and intangible damages.
• Government Pay Principle: The Court applied the Government Pay Principle, directing the government to compensate affected individuals and recover costs from polluters until the damage is reversed.

Conclusion

It is time for the waste management system in the country to be held responsible for the health of millions affected by the pollution of land, water, and air caused by unmanaged and mismanaged waste. In fact, continuing a mandamus could be the way forward to tackle urgent environmental issues and ensure compliance.