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A powerful judicial remedy for waste management

30 Apr 2025
2 min

Plastic Pollution in India

India has been identified as the biggest plastic polluter globally, releasing 9.3 million tonnes annually, accounting for about one-fifth of global plastic emissions. This includes debris and emissions from open plastic burning, transitioning from managed to unmanaged systems.

Waste Management Statistics

  • India's dumpsites outnumber sanitary landfills by a ratio of 10:1.
  • Official statistics claim a 95% national collection coverage, but this excludes rural areas, open burning, and informal recycling.
  • The official plastic waste generation rate is underestimated at 0.12 kg per capita per day, while the actual rate might be 0.54 kg per capita per day.

Data and Methodology Concerns

There is a significant lack of detailed data on waste generation and management, especially in the Indian Himalayan Region. The Central Pollution Control Board's reports lack transparency regarding the methodology used for data collection, leading to potential inaccuracies.

Rural Waste Management

Rural areas, managed by panchayati raj institutions and not covered by local self-governance, are often excluded from waste data collection. This highlights the need for comprehensive data collection and management.

Constitutional and Legal Framework

The Supreme Court of India emphasizes environmental protection as a constitutional duty. Reliable data on waste and infrastructure for its management is crucial. Geotagging and linking local governments with material recovery facilities and EPR kiosks are necessary steps.

Operationalizing Extended Producer Responsibility (EPR)

  • Producers, importers, and brand owners can establish kiosks for waste collection.
  • These kiosks should be accessible to both urban and rural local bodies, facilitating waste segregation and management.

Judicial Interventions

A Supreme Court verdict emphasized reversing pollution in Tamil Nadu's tanneries through remediation. The "polluter pays principle" was highlighted, holding polluters liable for environmental damage and restoration costs.

Accountability and Compliance

The need for accountable waste management systems is urgent, given the health impacts of pollution. Continuing mandamus could enforce compliance with environmental laws, ensuring justice for affected individuals and communities.

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