Other Environment Related Laws

The Constitution and Fundamental Rights Related to Environment

• Constitution does not directly contain a fundamental right to a clean environment, but courts have interpreted Article 21 on the fundamental Right to Life and Personal Liberty to include the right to a healthy environment.
• This interpretation paved the way for an expansion of environmental rights and public interest litigation on environmental issues. Articles 48A and 51A (g) in the Constitution’s Directive Principles of State Policy and Fundamental Duties chapters respectively call for environmental protection, showing it is a constitutional value.
• Courts have reinforced these provisions to emphasize sustainable development needs balanced with environmental concerns. Recent judgements have invoked the public trust doctrine too, requiring the State to act as trustee of natural resources.

Role of Supreme Court in Shaping Environmental Jurisprudence

• Supreme Court has played a pioneering role in shaping environmental jurisprudence since the 1980s, through its interpretations of Article 21, public interest litigation cases, invocations of the polluter pays principle and precautionary principle, and championing of environmental impact assessments.
• Notable cases include the Oleum gas leak case (MC Mehta v. Union of India ) establishing absolute liability for hazardous industries, the Ganga pollution case leading to the creation of the Central Ganga Authority, the Vellore tannery case on precautionary action for hazardous industries, the Narmada dam case balancing development and displacement impacts, the Delhi vehicular pollution case spurring fuel improvements, and recent judgments banning firecrackers and stubble burning to curb severe air pollution.
• The Supreme Court has emerged as a powerful overseer strengthening environmental regulations in India.

Environment Impact Assessment Notification 2006

• The Environment Impact Assessment (EIA) Notification, 2006 made environmental clearance mandatory for certain development projects by evaluating their environmental risks and impacts through an EIA process.
• It classifies projects into A and B categories based on potential impacts and specifies the process for environment impact assessments, environment management plans, and public consultations before granting environmental clearances. All infrastructure projects, mining, thermal power plants, river valley projects etc require this clearance demonstrating compliance through monitoring reports annually and every 5 years.
• However, many limitations persist – violations of clearance conditions, lack of post-monitoring capacities, basic non-compliances, pressures to ease processes for industry, lack of biodiversity impact assessments, and insufficient local stakeholder consultations. Recent attempts to dilute the EIA notification during the pandemic faced stiff opposition.

Hazardous Wastes Management Regulations

• Rising industrialization has resulted in increased hazardous waste generation necessitating stringent management protocols under Environment Protection Act (EPA) 1986 Hazardous Wastes Management Rules since 1989, recently amended in 2016.
• Central and state pollution agencies grant authorizations for waste generation, storage, transportation and disposal while enforcing safeguards like waste inventories, labeling containers, spill cleanups through approved processing installations having adequate facilities and multiple protective layers to avoid soil/groundwater contamination. Violations attract heavy penalties though compliance monitoring capacities remain weak.
• With growing risks from electronic waste and medical waste streams, separate specific rules now regulate their processing and dismantling ensuring occupational safety protections. Integrating informal recyclers into formal frameworks remains a key challenge.

Plastic Waste Management Rules 2016

• Plastic waste, especially single-use items, have emerged as a massive environmental challenge due to their excessive usage and improper disposal clogging land and water bodies.
• The Plastic Waste Management Rules 2016 introduced Extended Producer Responsibility for producers/brand owners to collect back post-consumer plastic waste amounting to 30% currently but increasing to 70% of their sales over 7 years.
• Additionally, state bodies have to organize ragpickers into cooperatives, and bulk waste generators like malls have waste management responsibilities too. But compliance has been poor due to limited capacities, costs concerns and lack of economic incentives. Though many states have now banned some single-use plastic items after Court directed prodding, implementation inconsistencies persist with lack of alternatives and consumer behavior changes.

E-Waste Management Rules 2016

• Electronic waste or e-waste rules recognize growing volumes and rising risks of hazardous constituents in the waste stream being released from dumped mobile phone/TV circuit boards, batteries etc.
• Rules mandate bulk consumers like companies/educational institutions channelizing e-waste only to authorized collectors and dismantlers having integrated facilities and following scientific disposal protocols like glass separation, incineration, securing valuable metals through safe chemical treatments etc.
• Producer firms must collectback e-waste while meeting escalating collection targets. However, more than 95% e-waste still reaches unsafe informal recyclers indicating huge gaps in organized systems for environmentally sound management, calling for stringent steps.

Solid Waste Management Rules 2016

• The Solid Waste Management Rules 2016 strengthen municipal solid waste management systems in Indian cities assigning clear roles spanning waste segregation, door-door collection, transportation to processing facilities and landfilling site management.
• It mandates source segregation into wet, dry and domestic hazardous streams. Penalties apply for littering and unauthorized dumping. All urban local bodies have to progressively ensure doorstep collection, material recovery facilities for reuse, treatment of biodegradable waste using technologies like composting and biogas, and scientific landfilling with approvals.
• However, continued capacity deficits for collection, transport and waste processing infrastructure constrain progress with most Indian cities dependent on dumps lacking basic safeguards.

Construction and Demolition Waste Management Rules 2016

• Construction/demolition waste accounts for over 20% of total urban solid waste. Rules require generators like builders/re-developing societies and municipal agencies granting permits to minimize waste, segregate concrete, soil and others at site, store and transport to authorized recyclers for processing into lower-grade aggregates, manufactured sand etc., thereby reducing burden on landfills.
• Urban local bodies have to facilitate setting up such recycling plants and use recycled products in roadworks and construction activities meeting standards like the Indian Roads Congress and Bureau of Indian Standards.
• However, awareness on legally mandated waste management duties remains very low among construction companies. Prescribed waste processing arrangements are rarely followed in most cities with continued dumping on lands degrading soil/air quality.

Bio-Medical Waste Management Rules 2016

• The Bio-Medical Waste Management Rules 2016 regulate healthcare facilities, clinics, pathology labs, blood banks etc to scientifically handle and dispose human anatomical, soiled waste, used medicines, discarded linens etc. which could transmit infections or toxicity if improperly managed.
• Rules mandate onsite segregation into color coded bins, pre-treatment by disinfection methods like autoclaving before handing over to authorized common biomedical waste treatment facilities having incinerators, shredders, autoclaves and secured landfills.
• State pollution bodies give authorizations and ensure compliance through monitoring while districts have advisory Committees tackling local issues. However, continued public health threats occur from reusable dumped syringes, blood spills from overflowing van containers and similar biomedical waste reaching open dumpsites indicating poor oversight.

Battery Waste Management Regulations

• Batteries, especially the lead-acid ones, contain several toxic heavy metals dangerous when improperly disposed into municipal waste streams contaminating soil and water tables.
• The Batteries Management Regulations 2001 mandate bulk users like companies, dealers, manufacturers to collect back waste batteries channelizing only to registered recyclers having environmentally sound technologies for operations like breaking, neutralization, metal recovery etc. Produces must also provide collection bins and organize public awareness programs.
• Compliance is poor and unorganized battery recycling using crude acid leaching and metal smelting techniques remain common polluting many Indian towns. Stringent steps are vital for formalizing the sector considering escalating use of batteries in electric vehicles, renewable energy storage and electronics/appliances.