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Note4Students:

Child labour is one of the most debated topics. After a long time, amendment bill to the Child Labour (Prohibition and Regulation) Act, 1986 has been passed. The topic is important as despite making stricter norms for regulating child labour, the bill suffers from many flaws.

Context

The Parliament has amended the Child Labour (Prohibition and Regulation) Act, 1986 and passed Child Labour (Prohibition and Regulation) Amendment Bill, 2016 in July, 2016.

 

What is Child Labour?

1. The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development (International Labour Organization).

 

Constitutional Safeguards for Children

1. The constitution provides various safeguards for children which are as follows:
2. Article 15(3) gives the power to the State to enact laws to protect children.
3. Article 21A provides free and compulsory education to all children between the ages of 6 and 14.
4. Article 24 prohibits employment of children under the age of 14 years in hazardous industries.
5. Article 39 (e) provides that the State shall direct its policy to ensure that the tender age of children is not abused.
6. Article 45 provides that State shall endeavour to provide early childhood care and education to children below the age of six years.
7. Article 47 provides that it is the duty of the State to raise the level of nutrition and standard of living and to improve public health.

Salient features of the Bill

1. The Bill proposes a ban on employment of children below 14 years in all occupations except in family business and in entertainment industry provided education of child does not get hampered.
2. It prohibits employment of adolescents (a person between 14 and 18 years of age) in hazardous occupations as specified (mines, inflammable substance and hazardous processes).
3. The central government may add or omit any hazardous occupation from the list included in the Bill.
4. It enhances the punishment for employing any child in an occupation and for employing an adolescent in a hazardous occupation. For the first time, the fine has been increased from 20000 to 50000 Rs and 6 months to 2 years imprisonment. For repeat offenders the offence is cognizable and proposes a punishment of 1-3 years.
5. The Bill proposes relaxed penal provisions for parents. In case of parents being repeat offenders, it proposes a fine of 10000 rupees.
6. It empowers the government to make periodic inspection of places at which employment of children and adolescents are prohibited.
7. It also sets up a Child and Adolescent Labour Rehabilitation Fund to be set up under the Act for rehabilitation of children and adolescents.

 

Analysis

Positives

1. The amendments intend to preserve Indian art and craft by enabling parents with traditional skills to pass them on to their children.
2. The setting up of a Child and Adolescent Labour Rehabilitation Fund will help to improve the condition of the children and sponsor education for them.
3. It prescribes more stringent penalty for Violators and high term of jail and fine with non bailable charges.
4. It gives more autonomy to various institutions involved in child labour protection rehabilitation and redevelopment y empowering the government to make periodic inspection of places.

Criticism:

Reversing the gains:

In 1986, the Child Labour (Prohibition and Regulation) Act had after much discussion and expansion included 83 occupations. The new amendment reverses the gain by bringing down the list of hazardous occupations for children to include just mining, inflable substances and explosives.

Open discretion of government authorities:

Further, the occupations listed as hazardous can be removed, according to Section 4 — not by Parliament but by government authorities at their own discretion. This leaves it to open discretion.

Promoting family labour:

It allows child labour in “family or family enterprises” or allows the child to work in entertainment industry. Most of child labour is in work with family members. Not defining the nature and time limitation will act as an main obstruction to their educational endeavour.

Non-uniform implementation :

List of hazardous factories can be amended by the state government, thus, leading to non-uniform implementation of this act.

Making lawful what was unlawful earlier:

It allows that the children may work after school hours or during vacations, thus, actually making lawful a large part of child work that was earlier unlawful.

Roughly defined purpose of Fund:

Funding from child rehabilitation fund is not directly linked to education and development rather it aims towards these goals without any mentioned method thus not giving any specific list of objectives.

 

Way forward

1. Child are future of a country and their holistic development must be the sole aim of a country and this requirement becomes more important for a developing country like India which has a significant part of its population  in the working age. It is essential that the loopholes in the act are be removed and sufficient steps are taken for effective prohibition and rehabilitation of child stuck in various industries as workers.

Conclusion

1. In the context of the socio-economic realities of India and the preservation of the social fabric and learning of traditional occupations, the new Act tweaked the law in such a way that children are readily available for employment. It will push more children into labour and make them subjects of exploitation at the labour market.
2. Though the increased penalty and rehabilitation fund are welcome inclusions which will act as deterrent and provide relief to child labour. However, the amended Act, display a lack of national commitment to abolishing all forms of child labour and do not resonate with the constitutional objective of elimination of child labour in India.

References

http://www.hindustantimes.com/india-news/everything-you-need-to-know-about-child-labour-amendment-bill/story-2PkGT4hs1Vsp1IXji6KsdP.html

http://www.thehindu.com/opinion/columns/A-law-that-allows-child-labour/article14560563.ece

http://indianexpress.com/article/opinion/columns/child-labour-india-laws-ban-allowed-in-family-enterprises-education-suffers-2948482/

http://indianexpress.com/article/opinion/columns/child-labour-bill-unequal-childhood-family-workers-free-education-2941209/

http://indianexpress.com/article/explained/why-activists-are-worried-about-proposed-changes-to-indias-child-labour-law/

Questions

Q.1) What are the merits of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 over the previous child labour regulations. Do you think it will act as a deterrent to child labour?

Q.2) Though, the Child Labour (Prohibition and Regulation) Amendment Act, 2016 is a step in right direction, but, by institutionalising child labour in family-based occupations under the age of 14 years and reducing the number of hazardous occupations, India has failed its children. Do you agree? Discuss.

Note4Student

Section 498A, which is made to contain violence against women within the family has been widely misused. Supreme Court in the recent Rajesh Sharma and Ors v State of UP and Anr case delivered a judgment, announcing a set of guidelines to prevent the misuse of Section 498A of the IPC. So there is high probability that a question could be asked from this.

Introduction

In order to contain violence against women within the family, the operation of Section 498A of the Indian Penal Code was weighted against husbands and their birth families, and automatically presumed the complainant to be an innocent victim. Progressive discrimination was deemed necessary in a country which recorded a dowry death every hour, on average, and where violence against women has been regarded as normal.

What is Section 498-A?

In 1983, ‘Section 498-A of the IPC was introduced with the objective to combat the menace of harassment to a woman at the hands of her husband and his relatives.

Why it is needed?

1. A total of 24,771 dowry deaths have occurred in India from 2012 to 2014, averaging more than 20 dowry deaths every single day.
2. Thus, Section 498A is not only relevant but also vital for the protection of genuine victims.

What are the issues involved?

1. Operation of IPC was weighted against husbands and their birth families, and automatically presumed the complainant to be an innocent
2. Both the Supreme Court and the Women and Child Development Ministry have acknowledged that the law has been misused too often to be ignored, and moved to ensure that innocent men and their relations are spared the threat of summary arrest.
3. There were opinions that complaints under section 498A were being filed on the basis of personal vendetta.
4. Prevalence of misuse, is reflected in the data of the National Crime Records Bureau — less than one in five charge sheets filed has resulted in conviction.
5. The SC Bench said Section 498A (dowry harassment) of the IPC had come under much abuse and dowry complaints were being filed in the heat of the moment over trivial issues.

New procedure under 498A

1. The Supreme Court on July 27 2017, in the matter of Rajesh Sharma and Ors v State of UP and Anr, delivered a judgment, announcing a set of guidelines to prevent the misuse of Section 498A of the IPC.
2. Family Welfare Committees 
3. In order to prevent the perceived misuse of the criminal law of cruelty against women, welfare committees, have been put in place to scrutinise a complaint by a woman
4. Welfare Committees in every district: It includes paralegals, volunteers, social workers, retired persons, wives of working officers and other citizens, who are found suitable and willing
5. The police must ensure that every complaint under Section 498A is referred to the welfare committee
6. Then committee within one month will prepare a report, give its opinion and send it back to the police. Till the report of the committee is received there will be no arrest . .                                             Critical analysis of the verdict
7. Establishment of family welfare committess can be seen as virtual privatisation of the policing function. That the members of the committee will be given remuneration makes it a parallel justice dispensation system. Only after the report of the welfare committee is submitted, can the police perform the policing function.
8. By creating the Family Welfare Committee, the court creates one more layer between the victim and the justice system, and as a result, her access to justice is compromised.
9. Welfare committees drawn from the civil society has the potential to become non-state vigilante groups.
10. Low conviction rates exist across the board, in relation to all crimes. To isolate crimes against women is to miss the point that the criminal justice system is in need of serious repair.
11. The judgment has relied upon the data of the National Crime Record Bureau (NCRB) of 2005, 2012 and 2013 to arrive conclusion that since the conviction rate is low, most of the cases registered under 498A are “false”. This data does not give a clear picture as there can be a number of reasons for acquittal, such as poor investigation by the investigating officer, settlement through mediation, or intimidation of witnesses and the complainant herself.
12. Given that the woman in question may fear severe bodily harm, the period of one month seems to be far too liberal.
13. Besides, the court has prescribed that bail applications must be decided on the date of application. Since bail is a right, courts may be more inclined to grant rather than withhold, which could again increase the risk to the complainant.
14. Minister Maneka Gandhi has asked the National Commission for Women to be accessible to men who claim to be falsely accused.
15. Maneka Gandhi has recommended a more stringent filing process which insists on identity proof, and has warned that while opening a window to the victims of false claims, the NCW should not open the door wide to false counter-claims

Conclusion

While the working of Section 498A was tilted in favour of women as a progressive intervention, a course correction is seen to be required in the interest of equality before the law and the prevalence of misuse.

However, the law must retain its progressive bias in favour of wronged women, without inadvertently wronging men.

In practice, it will prove to be a tough balancing act — an impossible feat, in the absence of police reform and progressive change in societal mind-set where women are still made to feel inferior to men at every step.

Note4Students

In a recent judgment, the Uttarakhand High Court declared the rivers Yamuna and Ganga as legal or juridical persons, enjoying all the rights, duties and liabilities of a “living person”. SC stays Uttarakhand HC order on Ganga, Yamuna living entity status because it raised several legal and administrative issues.

Even though majority of the Indian population considers the rivers as Goddesses the pollution in the rivers increase day by day. The name of the ministry has renamed as Ministry of Water Resources, River Development and Ganga Rejuvenation. This much importance is given by the Government.

Introduction

Indian courts have granted this status to temple deities, religious books, corporations, etc., but it is for the first time that an element of the natural environment has been declared a legal person. And it is not just the two rivers but all their tributaries, streams, every natural water body flowing continuously or intermittently of these rivers will enjoy this status.

International Examples

1. While the idea of a river being recognised as a ‘living entity’ might be new to India, nature having legal rights is a concept already codified in countries like Ecuador and New Zealand.
2. Ecuador actually became the first country to recognise the ‘Rights of Nature’ in its Constitution.
3. It was only a few days ago that New Zealand’s Whanganui River won personhood rights.

Context

1. Rivers are important for the country’s development because water from the rivers is a basic natural resource essential for various human activities and countries economic growth. Rivers provides irrigation, navigation, healthy ecology and environment and livelihood.
2. But these days Water pollution is a major environmental issue in India and the world. The largest source of water pollution in India is untreated sewage and other sources of pollution include agricultural runoff and unregulated small scale industry outlets, encroachments for canals and indeed, the diversion of water, construction of dams, sand mining, and appropriation of flood banks for commercial activities. So this move by High court is welcome one.

Case about:

1. The two issues before the High Court emerged after petition filed by Lalit Miglan in Lalit Miglan vs Uttarakhand government, (a)Removal of illegal constructions on the banks of a canal in Dehradun.(b)Division of water resources between Uttar Pradesh and Uttarakhand.
2. In December 2016, the High Court directed the removal of the constructions. It also directed the constitution of the Ganga Management Board (a statutory body under the U.P. Reorganisation Act 2000), and prohibited mining of the Ganga riverbed and its highest flood plain area. On the issue of resource division, the court directed the Central government to notify the settlement reached by the two States in a time-bound manner. Failure to all these led HC to declare two rivers as living persons.

Implications of this move

1. Two rivers now be treated as legal person so their rights legally protected and not be harmed/destroyed.
2. Enables “nature” to go to court.
3. Ensures responsibility of appointed guardian (in this case Director General of Namami gange project, state chief secretary and Advocate General) to protect its rights.
4. Enforces sense of responsibility over state administration, citizens and nation as whole.

Challenges

1. There is still a big question about whether these types of legal rights are relevant or appropriate for nature at all.
2. Enforcing legal rights for nature therefore requires not only legal standing, but also adequate funding and access to legal expertise.
3. In India need to set up completely new organisations to enforce the rights.
4. Clear specifications of roles and responsibilities of guardians-How will they decide which rights to enforce, and when? Who can hold them to account for those decisions?

Conclusion

River is a living ecosystem both scientifically and biologically so giving living status of person is a step in right direction. Now it is the Centre and the states and peoples to study the legal and political implications of the Uttarakhand court order and take remedial action if their interests are adversely affected.

Questions:

Q.) In a recent judgment, the Uttarakhand High Court declared the rivers Yamuna and Ganga as legal or juridical persons, enjoying all the rights, duties and liabilities of a “living person”. What are the implications of such a move and what challenges need to be faced in implementing such a decision?

Sources:

Down to Earth

Big Picture Discussion

The Hindu News, Indian express

News on AIR discussion

Case study on New Zealand Whanganui River.

Note4Students/Syllabus Mapping: GS2

There are no two opinions about vehicular emissions contributing a major part in the growing air pollution and its debilitating effects on the changing climate. The fact that India has been a playing a proactive role in global efforts of combating climate change, the recent initiative of improving Bharat Stage Emission standards is a step in the positive direction towards air pollution control. However, the ambitious target of transitioning from BS IV to BS VI also comes with its own challenges. Undoubtedly, this makes it a hot topic for 2017 CSE Mains in the context of environment pollution and India’s commitments towards the same.

 

What are Bharat Stage Emissions Standards?

1. These are emission standards instituted by the Government of India to normalize the productivity of air pollutants from internal combustion engine equipment.
2. The standards and the timeline for implementation are set by the Central Pollution Control Board under the Ministry of Environment & Forests and Climate Change. Bharat Stage norms are based on European regulations.
3. India has been following the European emission standards but with a five-year time lag.

Background of Emission standards in India:

 

Transition to BS VI from BS IV: A Step UP!

1. The Centre’s decision to adopt Bharat Stage VI automotive fuels nationwide by April 1, 2020 is a key measure that can, if implemented properly, vastly improve air quality. It also fits in with commitments made at the Paris climate change conference.
2. The BS-VI compliant fuels have sulphur concentration of as low as 10 parts per million as compared to 50 parts per million (ppm) in BS-IV fuels. This means a lower level of harmful emissions and reduced incidence of lung diseases. Higher sulphur results in high volumes of fine respirable particulates measuring 2.5 micrometers (PM2.5) being generated in emissions.
3. The switch to BS-VI norms will also reduce concentration of carbon monoxide, unburnt hydrocarbons, nitrous oxide and particulate matter from emissions.
4. With other developing countries such as China having already upgraded to the equivalent of Euro V emission norms a while ago, India has been lagging behind.
5. The experience of countries such as China and Malaysia shows that poor air quality can be bad for business. Therefore, leapfrogging to BS VI can put India ahead in the race for investments too.

Apprehensions/ challenges in Implementation:

1. Society of Indian Automobile Manufacturers (SIAM) has informed that the economic burden for moving to BS-VI emission norms for automobile manufacturers would be very significant as many new technologies would have to be developed and these technologies would have to be used in vehicles for meeting the requirement of BS-VI emission norms.
2. The transition will involve overhauling the working dynamics of the automakers and will alter the cost structure forever.
3. There’s a time crunch and firms would have to develop and optimize the Diesel Particulate Filter  and Selective Catalytic Reduction systems in parallel, instead of doing it sequentially
4. To achieve a reduction in particulate matter by 82% and oxides of nitrogen (NOx) by 68%, auto makers need a combination of technologies—one is the diesel particulate filter (DPF), a device designed to remove diesel particulate matter, or soot, from the exhaust gas of a diesel engine.
5. The shift to BS VI is set to shake up the auto component industry. He expects dominance of global auto component makers to increase, either directly or indirectly.
6. In a cost-sensitive market like India, the challenge is to design a system for India that would not just meet the stringent particulate matter (PM) and NOx emissions of BS VI but also be cost-effective and robust to survive “the harsh use-case” conditions.
7. Being a new technology, manpower needs to be skilled at large which is a mammoth challenge as claimed by industry experts.
8. The climatic conditions, driving habits and road conditions, leave alone fuel conditions and maintenance practices, were significantly different in India compared to Europe.

Way forward:

BS VI is a challenge as well as an opportunity for the industry as none of the Euro 6 markets have bikes with small engines. Thus, though dirty air is a public emergency but it will not be easy to shift directly from BS-IV to BS-VI emission norms. It is important that the concerns of all concerned stakeholders are kept in mind to achieve the basic objective of a cleaner air and to fulfill our international obligations.

“If anyone intentionally spoils the water of another, let him not only pay damages, but purify the stream or cistern which contains the water.”

– Plato

Note4Students

Environment has always been a favorite topic of UPSC. The NGT order said any person found dumping debris on the river bank at the Geeta Colony site or any other site will have to cough up Rs. 5 lakh for causing pollution. The offender will also have to remove the debris. With this Landmark decision The way we look at environmental challenges have been changed.

Introduction

The polluter pays principle is deeply rooted in legal systems but it came to be explicitly discussed in relation to environmental harms by the Organisation of Economic Cooperation and Development in the 1970s and 80s. Finally, in 1992, it was adopted by the international community in Principle 16 of the Rio Declaration. In India, the courts have been at the forefront of making the principle work – they have repeatedly imposed costs and fines to try and ensure that polluters do not escape the responsibility of paying compensation and cleaning up.

Philosophy behind polluter pays pinciple

1. The basic idea behind it is sustainable development
2. Greenhouse gas emission cause potential harm and damage through impact on climate
3. Slow recognition of link between greenhouse gases and climate change by society
4. Atmosphere is Global Common, emitters are not held responsible for controlling pollution
5. Promotes economic efficiency, social justice, harmonization of environmental policies
6. Remediation is part of process of sustainable development, polluters are liable to pay not only the cost the sufferers but also the cost of reversing the damaged ecology

Indian experience

• 1. MC Mehta Oleum Gas Leak case: The Supreme Court laid down the rule of absolute liability which essentially states that a person would be wholly responsible for any mishap caused by their “hazardous or inherently dangerous” enterprise, which in this case was a chlorine plant. The apex court noted that the polluter’s liability would depend on their ability to pay – thus using the principle to both clean up the environmental damage and to punish the polluter.
  2. Bichhri Case: the Court noted that the polluter would need to pay for cleaning up the damage as well as compensate those harmed by the pollution.
  3. Vellore Citizens case, the Court highlighted that the polluter pays principle was implied in the Constitutional provisions protecting the environment as well as in the various Acts concerning the environment.
  4. In the National Green Tribunal Act 2010, it was stated that the NGT would decide cases based on the polluter pays principle.
  5. The NGT have rule that any person found dumping debris in the Yamuna River will have to cough up Rs. 5 lakh for causing pollution. The offender will also have to remove the debris.

Challenges

• 1. Environmental pollution is not always easy to narrow down to a single source which can be strictly punished. Thus, identifying a perpetrator is both difficult and in some cases, technically not feasible.
  2. There is no clarity on how exactly the damages should be calculated. This means that a polluter may be asked to pay for the actual costs of clean-up, the damage caused to the victims of environmental damage, a fine or a penalty based on their ability to pay, a general levy aimed at a clean-up of the problem as a whole, or all of the above.
  3. Deciding the compensation and identifying the affected are very difficult tasks.
  4. Polluter may not be able to pay high compensations due to poor his/her financial background.
  5. Common people will not be ready to sue big multinational companies.

Way forward/suggestions

• 1. Imposing a cost on emissions of Greenhouse Gases.
  2. Financial incentive to small and marginal industries to reduce their emissions
  3. A fund can be created like the CAMPA from the penalties, to compensate victims and restore the environment.
  4. Carbon Price is a good strategy to implement the Polluters Pay Principle.
  5. Carbon Price should be uniform across the countries and there should not be any ‘Carbon Havens’.
  6. Penalties should be increased in their degrees over the time.

Conclusion

It is good that India that imbibed the Polluter Pays Principle (PPP) in their Law of land. And, it also had actually helped in imposing damages on the polluter but still the problem with this principle is that it hasn’t been implemented properly. If we look at the exemplary damages granted to span motels doesn’t serve the purpose of the exemplary damages. Ten lakhs rupees is nothing for the big corporations like span motels.

For them at least 10 crores Rs. exemplary damages should be given. And again if we look at the penalty imposed in the Vellore Citizens case, then it just shocks me that how 10,000 rupees can justify the pollution spreaded by the tanneries in the nearby areas. The Author personally feels that this is not an effective way of fund raising. We should reconsider the criteria’s laid to decide the compensation amount. At least it should deter the polluters from spreading pollution. This principle needs a strict interpretation from our judiciary with immediate effect and we just can’t afford any sort of delay in its proper implementation in developing country, like India.

Questions

• 1. What do you understand by polluters pay principle? What is the significance of such ideas in the current situation in the world, especially India?
  2. Recent verdict by NGT on Yamuna Pollution have the basis in Polluter Pays Principle. Critically analyze the relevance of the philosophy.

References

• 1. http://www.legalserviceindia.com/article/l54-Interpretation-of-Polluter-Pays-Principle.html
  2. The Hindu
  3. Quint website
  4. http://indianexpress.com/article/opinion/editorials/when-polluters-pay

Note4Students

The Ministry of Environment recently permitted states to declare earlier protected wild animal species as “vermin” under the Wildlife Protection Act of 1972, thereby allowing private shooters and others to kill these species with few safeguards and no risk of prosecution. Recent examples are Nilgai in Bihar and Maharashtra, Rhesus macaque in HP, Wild pig in all States except Himachal Pradesh

 

Introduction

Culling is basically selective killing of a species, usually as a population control measure. Though in animal breeding, it is known as the process of removing or segregating animals from a breeding stock based on criteria like immunity, disease, etc. In India, man-animal conflict is seen across the country in a variety of forms, including monkey menace in the urban areas, crop raiding by ungulates and wild pigs, depredation by elephants, and cattle and human killing by tigers and leopards. Damage to agricultural crops and property, killing of livestock and human beings are some of the worst forms of man-animal conflict. The increase in man-animal conflict is likely due to the greater resilience and adaptability of wild animals in face of their shrinking habitats, which allow them to live successfully close to human habitation. Section 11(1) a of the Wildlife Protection Act (WPA) authorizes chief wildlife warden to permit hunting of any problem wild animal only if it cannot be captured, tranquillized or translocate. Section 62 of Act empowers Centre to declare wild animals other than Schedule I & II to be vermin for specified area and period.

 

Basic reasons behind culling

1. Man-Animal conflict – too many wild animals compete with humans for resources.
2. Threat to life and livelihood (crop, property damage) makes culling necessary.
3. Loss of forestland to mines, industry, agriculture, etc. is the primary reason behind man-animal conflict.
4. Crop-raiding by smaller herbivores due to a population boom & animals raiding nutrient rich crops like wheat and maize are other major reasons for man-animal conflict.
5. Increased population of such animals
6. bans or restrictions on hunting,
7. loss of natural predators,
8. Availability of non-forest food sources (cropland, garbage dumps), etc.

Legal mechanism for culling

1. Wildlife laws divide species into ‘schedules’ ranked from I to V.
2. Schedule I members are the best protected, in theory, with severe punishments meted out to those who hunt them.
3. Schedule V is the vermin category.
4. For wild animals in Schedule II, III or IV, chief wildlife warden or authorized officers can permit their hunting in a specified area if they have become dangerous to humans or property (including standing crops on any land).
5. Section 62 of Act empowers Centre to declare wild animals other than Schedule I & II to be vermin for specified area and period.

Arguments in favour of culling

1. It is the feasible solution to save life and property of the citizens.
2. By law, wildlife are protected because they are too few and require protection.
3. It destroys hard work of one year of the farmers and push them to the debt crises.
4. The absence of lawful intervention often triggers retaliation by illegal means. Hence such a law is very necessary.
5. Can be monitored easily using strict guidelines and law enforcement.
6. Fencing is not a good measure in this regard and is expensive and its maintenance is not effective.
7. Even selection of crops that traditionally repelled animals does not seem to work any longer. For example, farmers in Sirmour, Himachal Pradesh, now complain that monkeys raid garlic fields that they avoided until recently.

 

Arguments against culling

1. Ethical grounds: Even Supreme Court recognized the Right to Life to animals.
2. Animal welfare activists believe that every individual animal is ethically indispensable, even at the cost of putting entire species at risk.
3. Culling is against animal protection and conservation.
4. It shows the barbarian mind-set still existing in human beings, according to the animal welfare groups.
5. Culling creates a conducive atmosphere for the poaching mafia to move in.
6. Man-animal conflict can be controlled through non-invasive means, including fencing crop fields, planting chilli around cropland, selecting non-edible crops etc.

Alternative solutions

1. Popularising insurance of crops and other properties.
2. Forest department should be more active to deter the animals from harming humans.
3. Use sedatives rather killing.
4. Reduce activities causing habitat loss of animals

 

Global practices

1. In the US, some areas require seasonal culling to ease pressure on livestock feed.
2. In parts of Africa, culling has been used for commercial harvesting.
3. In Australia even kangaroos are culled.

 

Conclusion

Animals are not the real problem. We need to look into the root cause of such conflicts. Providing human needs, enhancing local amenities, and adopting science-based and sustained interventions will provide more lasting solutions. India is already suffering from serious effects of climate change, including a warming climate, changing rainfall patterns, and droughts—all factors which hurt farmers first. Without healthy forests for our wildlife to live in, animals, and humans, suffer. Also, it is the duty of every Indian citizen under Article 51A (G) of our nation’s constitution to protect wildlife and to have compassion for living creatures.

Questions

Q.) Recently the Environment Ministry has decided to allow some States to cull wildlife? Should such wildlife be tagged as vermins? Discuss the issues involved in this decision.

References

PIB

THE HINDU

Ministry of Environment and forest website

Note4Students/Syllabus Mapping: GS3

Water management and conservation has become imperative due to the intense water scarcity, frequent agrarian crisis, farmer distress, recurring floods and droughts, fast ground water depletion and unprecedented weather vagaries due to climate change. ILR as an instrument under National Water Policy to resolve the water crisis in the country has taken centre stage in the minds of policymakers. Its re-emergence in the public debate makes it a hot topic from the above context and important for CSE Mains 2017

 

Introduction:

Inter Linking of Rivers refers to inter-basin water transfers between 2 or more rivers through human interventions on natural systems.

India’s National Water Development Agency (NWDA) has suggested the interlinking of rivers of the country. The interlinking of rivers has two components: the Himalayan and the Peninsular. All interlinking schemes are aimed at transferring of water from one river system to another or by lifting across natural basins. The project will build 30 links and close to 3000 storages to connect 37 Himalayan and Peninsular rivers to form a gigantic South Asian water grid.

Current Context:

Ken-Betwa link project has been declared as National Project by the Government of India. Damanganga – Pinjal Link Project, Par – Tapi – Narmada Link Project and Mahanadi – Godavari Link Projects have been given a go ahead.

 Need for Inter River Linking:

Large variation in rainfall and subsequent availability of water resources in space and time.

Because of this variability of available water, floods and drought coexist in our country in same time and space. ( Kerala, T.N and South Karnataka is facing drought while Rajasthan, Gujarat , Assam reeling under floods)

 

What could be the possible positive implications of ILR Plan?

1. It will most likely lead to Improved and expanded irrigation i.e. the project claims to provide additional irrigation to 35 million hectares in the water-scarce western and peninsular regions.
2. The river interlinking project claims to generate total power of 34,000 MW (34 GW).
3. It will lead to Ground water Recharging.
4. The inter-link would create a path for aquatic ecosystems to migrate from one river to another, which in turn may support the livelihoods of people who rely on fishery as their income.
5. It will contribute to flood and drought hazard mitigation for India
6. Any multipurpose storage reservoirs in upstream countries, such as Nepal and Bhutan, would facilitate energy generation and other benefits.
7. It also appears to promote national integration and a fair sharing of the country’s natural water wealth.
8. It will unify the country by involving every Panchayat as a share holder and implementing agency.
9. Provide for enhancing the security of the country by an additional waterline of defense.
10. Provide employment avenues for more than 10 lakh people for the next decade.
11. It will most likely eradicate the flooding problems which recur in the northeast and the north every year.
12. Solve the water crisis situation by providing alternative, perennial water resources.
13. The large canals linking the rivers are also expected to facilitate inland navigation too.
14. It aims at increasing food production from about 200mn tones a year to 500mn tones.
15. It will most likely boost the annual average income of farmers, from the present $40 per acre of land to over $500.

What could be the possible adverse effects of Inter-River Linking Plan?

River Linking Project involves multifaceted issues and challenges related to environmental, economic, ecological, legal, political and social costs. It has potential for disastrous and irreversible adverse after-effects which has been comprehensively discussed below:

Ecological Costs:

1. Water scientists and Environmentalists have remarked that the water flowing into the sea is not waste. It is a crucial link in the water cycle. With the link broken, the ecological balance of land and oceans, freshwater and sea water, also gets disrupted
2. It is feared that diversion of water from the Brahmaputra and the Ganges, which provide 85% of the country’s fresh water flow in the dry season, would result into an ecological disaster.

Economic Costs:

1. As this project is of massive estimated cost, a long term planning and a sound financial simulation are required to meet the standard for such proposals.
2. The huge expenditure of the project and the maintenance costs associated with the dams, canals, tunnels, and captive electric power generation will involve huge financial burdens.
3. This may generate fiscal problems that are difficult to handle.
4. This certainly requires financial assistance from the private sector as well as global capital agencies.
5. Mobilization of global capital may ultimately entail the risk of destroying social welfare measures.

Environmental costs

1. It will result in massive diversion of forest areas and submergence of land leading to deforestation and soil- erosion. (For example The Ken-Betwa link project puts in danger over 4,100 hectares of forest land or 8% of the Panna National Park).
2. There will be destruction of rivers, aquatic and terrestrial biodiversity, fisheries and groundwater recharge.
3. Possible downstream impacts, salinity ingress, pollution concentration, and increased methane emission from reservoirs are other adverse repercussions.
4. Scientists are also of the view that river diversion may bring significant changes in the physical and chemical compositions of the sediment load, river morphology and the shape of the delta formed at the river basin.
5. It could most likely create trigger points of natural disasters like landslides, earthquakes etc. as seen in case of Koyna dam and Tehri dam.

Legal costs:

1. Domestic and regional geo-politics play a pivotal role on the discussions on ILR. As of now, there is no mechanism as of now to deal with matters concerning inter-basin transfers. There are also important institutional and legal issues to be sorted out.
2. Each of the 30 schemes of the ILR is supposed to get through several statutory, legal and procedural steps.

Social Costs:

1. Reconstruction and rehabilitation due to displacement is not an easy task as seen before.
2. The construction of reservoirs and river linking canals in the peninsular component alone expect to displace more than 5, 83,000 people and submerge large areas of forest, agriculture and non-agriculture land.
3. It is likely to create social unrest/psychological damage and cultural alienation due to forced resettlement of local indigenous tribal community.

Political Implications:

1. Water being a state subject, the ILR plan further complicates existing water sharing and management problems between the riparian states.
2. Some of the ILR schemes have international implications, which may create strained relationship with neighboring countries like Bhutan, Nepal and Bangladesh.

 

Way forward:

NRLP has its fair share of positives and negatives. Though there are enough apprehensions over the project but they are not backed by any comprehensive scientific evidence to it. Inter basin water transfer is not a new concept.

Large direct benefits of irrigation, water supply and hydropower and indirect benefits navigation, tourism, employment generation etc can be accrued in ILR program.

Formation of River Basin Authority for coordinated action and subsequent building up of consensus among concerned States is prima facie needed. Legal provisions for implementation of ILR related to rehabilitation and appropriate afforestration through CAMPA is to be concurrently addressed.

It is essential that needed environmental safeguards such as comprehensive EIA and SIA are properly implemented in a coordinated manner by various agencies. Therefore, strengthening and expansion of cooperative efforts among the co-basin states and countries will foster co-riparian relationships.

India’s river linking project shows and promises a great concern for water conservation and optimum use of available water resources. Undoubtedly, it is the need of the hour to have a water mission like as IRL, which will enable availability of water to the fields, villages, towns and industries throughout the year post a comprehensive scientific assessment.

Note4Students/Syllabus Mapping: GS3

The quantum of solid waste is ever increasing due to increase in population, developmental activities, changes in life style, and socio-economic conditions, Plastics waste is a significant portion of the total municipal solid waste (MSW). The Government through MoEF&CC has notified the Plastic Waste Management Rules, 2016, in suppression of the earlier Plastic Waste (Management and Handling) Rules, 2011. The new Plastic Waste Management Rules is a part of the revamping of all Waste Management Rules which will help in achieving the vision of Swacch Bharat and cleanliness essential health and tourism and hence important for CSE Mains 2017.

 

What comprises Plastic waste? What are its components?

1. The plastics waste constitutes two major categories of plastics – Thermoplastics and Thermoset plastics.
2. Thermoplastics constitute 80% and Thermoset constitutes approximately 20% of total post-consumer plastics waste generated in India.
3. The Thermoplastics are recyclable plastics which include; Polyethylene Terephthalate (PET), Low Density Poly Ethylene (LDPE), Poly Vinyl Chloride (PVC), High Density Poly Ethylene (HDPE), Polypropylene(PP), Polystyrene (PS) etc.
4. The Thermoset plastics contains alkyd, epoxy, ester, melamine formaldehyde, phenol formaldehyde, silicon, urea formaldehyde, polyurethane, metalized and multilayer plastics etc.

Why is there a dire need for Plastic waste management?

1. It is stated that 15, 000 tonnes of plastic waste is generated every day, out of which 9, 000 tonnes is collected and processed, but 6, 000 tonnes of plastic waste is not being collected.
2. In particular, the plastic carry bags are the biggest contributors of littered waste and every year, millions of plastic bags end up in to the environment vis-a-vis soil, water bodies, water courses and it takes an average of one thousand years to decompose completely.
3. In the absence of a reliable eco friendly alternative that can replace plastic completely, the real challenge is to improve plastic waste management systems.

 

Plastic Waste (Management) Rules, 2016 – What’s New?

1. The new plastic waste management rules is aimed at reducing 6,000 tonnes of uncollected plastic waste generated daily by targeting manufacturers and industries by using a new principle called the Extended Producers’ Responsibility (EPR) Act. The other modalities of the new plastic management rules are as follows:
2. Increase minimum thickness of plastic carry bags from 40 to 50 microns and stipulate minimum thickness of 50 micron for plastic sheets also to facilitate collection and recycle of plastic waste.
3. Expand the jurisdiction of applicability from the municipal area to rural areas, because plastic has reached rural areas also.
4. To bring in the responsibilities of producers and generators, both in plastic waste management system and to introduce collect back system of plastic waste by the producers/brand owners, as per Extended Producers Responsibility.
5. To introduce collection of plastic waste management fee through pre-registration of the producers, importers of plastic carry bags/multilayered packaging and vendors selling the same for establishing the waste management system.
6. To promote use of plastic waste for road construction as per Indian Road Congress guidelines or energy recovery, or waste to oil etc. for gainful utilization of waste and also addresses the waste disposal issue.
7. To entrust more responsibility on waste generators, namely payment of user charge as prescribed by local authority, collection and handing over of waste by the institutional generator, event organizers.
8. To implement these rules more effectively and to give thrust on plastic waste minimization, source segregation, recycling, involving waste pickers, recyclers and waste processors in collection of plastic waste and adopt polluter pays principle for the sustainability of the waste management system.

Missing Links in the revised Plastic Waste management rules

1. Though the rules have broadened the scope of the existing Plastic (waste management and handling) Rules, 2011, there is no mention on how to reduce plastic waste in the new rules.
2. While it has focused on the use of plastic carry bags by increasing the minimum thickness from 40 microns to 50 microns, there has been no specification on the other forms of plastics such as the mineral water bottles (PET).
3. One aspect that was not dealt with was the informal sector of waste collection. In Delhi, the informal sector employs about 150,000 people who transport almost 1,088 tonnes per day of recyclable waste
4. The rules do not provide for a law which needs to be based around incentives and disincentives.
5. Plastic waste management has worked for some states such as Himachal Pradesh and Sikkim. But it has failed in Delhi. The draft rules have not worked on developing an effective model for plastic waste management all across the country.
6. There has been no mention of any scheme or mechanism through which a producer/manufacturer shall comply with EPR, like the Deposit Refund Scheme (DRS) under e-waste rules.
7. They do not mention plastic material for packaging gutkha, pan masala and tobacco.

 

Way forward:

The rules need to be strengthened further. Their main purpose should be to discourage the use of plastic in the country. EPR is still loose and needs to be worked upon for better implementation of these rules. A clear directive of how EPR should be followed needs to be included. The penal provisions are weak and need to be worked upon. There should be inclusion of a heavy penalty for non-compliance with the rules for effective implementation.

India generates almost 1.5 MT of plastic waste every year. Less than a quarter of the waste is being collected and treated. Until we find a reliable eco friendly alternative to plastic that can replace it completely, effective plastic management systems should be our imperative.

Note4Students/Syllabus Mapping: GS3

Emphasizing that toxic constituents present in e-waste and their disposal mechanism affect human health and lead to various diseases, e-waste management becomes imperative.

The rapid internet penetration and smart phone revolution resulting in phones and other electronics contributed to 1.5 million tonnes of e-waste produced in India in 2015, 90% of which was managed by the informal sector using unscientific methods that cause harm to human health and the environment. These rules are critical from both health and environment perspective and important for CSE Mains 2017.

 

What comprises e-waste? What are the contributions of its components?

1. E-waste – includes discarded computer monitors, motherboards, cathode ray tubes (CRTs), printed circuit board (PCB), mobile phones and chargers, compact discs, headphones, accumulators, mercury switches, polychlorinated biphenyl capacitors etc.
2. Toxic elements associated with e waste usually are – Cadmium, Mercury, Lead, nickel, Chromium, Copper, Lithium, Silver and Manganese

Why is there a dire need for e-waste management?

1. Many reports suggest that 62 million tons of waste is generated annually in the country at present, out of which 15 lakh tonne is e-waste.
2. On the consumer side, most institutional waste generators such as educational institutions and industries, which generate close to 70% of the e-waste, are not aware of the rules and continue to sell their e-waste to the informal sector.
3. The present set up of management of e-waste under the Environment Protection Act 1986 and the rules framed under it have failed to yield any tangible results.

E-Waste (Management) Rules, 2016 – What’s New?

1. Manufacturer, dealer, refurbisher and Producer Responsibility Organization (PRO) have been introduced as additional stakeholders in the rules.
2. The applicability of the rules has been extended to components, consumables, spares and parts of EEE in addition to equipment as listed in Schedule I.
3. Compact Fluorescent Lamp (CFL) and other mercury containing lamp brought under the purview of rules.
4. Collection mechanism based approach has been adopted to include collection centre, collection point, take back system etc for collection of e – waste by Producers under Extended Producer Responsibility (EPR).
5. Option has been given for setting up of PRO, e – waste exchange, e – retailer, Deposit Refund Scheme as additional channel for implementation of EPR by Producers to ensure efficient channelization of e – waste.
6. Provision for Pan India EPR Authorization by CPCB has been introduced replacing the state wise EPR authorization.
7. Deposit Refund Scheme has been introduced as an additional economic instrument wherein the producer charges an additional amount as a deposit at the time of sale of the electrical and electronic equipment and returns it to the consumer along with interest when the end – of – life electrical and electronic equipment is returned.
8. The e – waste exchange as an option has been provided in the rules as an independent market instrument offering assistance or independent electronic systems offering services for sale and purchase of e – waste generated from end – of – life electrical and electronic equipment between agencies or organizations authorized under these rules.
9. The manufacturer is also now responsible to collect e – waste generated during the manufacture of any electrical and electronic equipment and channelises it for recycling or disposal and seeks authorization from SPCB.
10. The dealer, if has been given the responsibility of collection on behalf of the producer, need to collect the e – waste by providing the consumer a box and channelize it to Producer.
11. Dealer or retailer or e – retailer shall refund the amount as per take back system or Deposit Refund Scheme of the producer to the depositor of e – waste.
12. Refurbisher need collect e – waste generated during the process of refurbishing and channelises the waste to authorised dismantler or recycler through its collection centre and seeks one time authorization from SPCB.
13. The roles of the State Government has been also introduced in the Rules in order to ensure safety, health and skill development of the workers involved in the dismantling and recycling operations.
14. Department of Industry in State or any other government agency authorized in this regard by the State Government is to ensure earmarking or allocation of industrial space or shed for e – waste dismantling and recycling in the existing and upcoming industrial park, estate and industrial clusters.
15. Department of Labor in the State or any other government agency authorized in this regard by the State Government need to ensure recognition and registration of workers; assist formation of groups of such workers to facilitate setting up dismantling facilities; undertake industrial skill development activities; and undertake annual monitoring and to ensure safety & health of workers involved in dismantling and recycling.
16. State Government to prepare integrated plan for effective implementation of these provisions, and to submit annual report to Ministry of Environment, Forest and Climate Change.
17. Liability for damages caused to the environment or third party due to improper management of e – waste including provision for levying financial penalty for violation of provisions of the Rules has also been introduced.
18. Urban Local Bodies (Municipal Committee/Council/Corporation) has been assign the duty to collect and channelized the orphan products to authorized dismantler or recycler.

Limitations of the revised E-Waste management rules:

1. Unlike EPR regulations in other countries, no collection or recycling targets are imposed on producers.
2. In the absence of targets, and in a relatively lax regulatory environment, producers have little incentive to ensure collection of their used products.
3. Unfortunately, even the amended e-waste rules completely ignore the informal sector as millions of waste collectors carry out door-to-door collection of waste and their livelihoods depend on their ability to collect and sell the waste to informal recyclers.
4. Only highly environmentally- conscious consumers will search for the nearest collection centre.
5. In contrast, a rag-picker will come to the consumer’s house to pick up the waste and, to top it off, will pay the consumer.
6. A requirement that producers implement a successful deposit-refund system (DRS) will depend on the political will to implement the amended rules.

Way forward:

1. The government and the manufacturers have to recognize the informal sector and find mechanisms to bring it into the fold of formal waste management.
2. The challenge, however, lies in creating awareness and training the half-a million unorganized workforce countrywide who collect E-Waste. Given that by 2050, about 40% of the country will get urbanized, It must be outlined how CSR can best be deployed to educate, train and develop the skills of the unorganized workforce besides efforts of the government.
3. E-Waste training programs will be a part of the skill council for green jobs at NSDC.
4. Successful models of E Waste management public awareness campaigns and specific e-waste policy like that of the European Union can be emulated.

 

Note4Students/Syllabus Mapping: GS3

Waste management and diligent planning becomes critical for regulation of humongous solid waste being generated every day. With growing urbanization and rise of smart cities on the offing the issue of solid waste management becomes even more imperative. The fact that the solid waste management rules have been revised after 16 years makes it a hot topic from the environment context and important for CSE Mains 2017.

Current Context:

The Union Ministry of Environment, Forests and Climate Change (MoEF&CC) recently notified the new Solid Waste Management Rules (SWM), 2016. These will replace the Municipal Solid Wastes (Management and Handling) Rules, 2000, which have been in place for the past 16 years.

These rules are the sixth category of waste management rules brought out by the ministry, as it has earlier notified plastic, e-waste, biomedical, hazardous and construction and demolition waste management rules.

Introduction:

1. Waste management refers to the activities and actions required to manage waste from its start till its disposal. This includes collection, transport, treatment and disposal of waste together with monitoring and regulation.
2. The waste hierarchy refers to the “3 Rs” reduce, reuse and recycle, which classify waste management strategies according to their desirability in terms of waste minimization.
3. The waste hierarchy remains the cornerstone of most waste minimization strategies.
4. The Polluter pays principle is a principle where the polluting party pays for the impact caused to the environment.

What do you understand by solid waste? What are the contributions of its components?

1. Solid waste encompasses the following waste components:
2. Construction and demolition waste – wastes generated in construction of new buildings, renovation and demolition work.
3. Plastic waste– includes polythene bags, plastic bottles etc
4. Biomedical waste – wastes involved in diagnosis, treatment and immunization such as human and animal anatomical waste, treatment apparatus such as needles and syringes and cytotoxic drugs.
5. Hazardous waste– wastes that cause immediate danger to exposed individuals or environment.
6. E-waste – includes discarded computer monitors, motherboards, cathode ray tubes (CRTs), printed circuit board (PCB), mobile phones and chargers, compact discs, headphones etc.

Why is there a dire need for Solid Waste Management?

1. Many reports suggest that 62 million tons of waste is generated annually in the country at present, out of which 5.6 million tonnes is plastic waste, 0.17 million tonnes is biomedical waste, hazardous waste generation is 7.90 million tonnes per annum and 15 lakh tonne is e-waste.
2. The per capita waste generation in Indian cities ranges from 200 grams to 600 grams per day.
3. The fact that 43 million TPA is collected, 11.9 million is treated and 31 million is dumped in landfill sites, which means that only about 75-80% of the municipal waste gets collected and only 22-28 % of this waste is processed and treated.
4. Waste generation will most likely to increase from 62 million tonnes to about165 million tonnes in 2030.

Major highlights of the new SWM Rules, 2016

Segregation at source

1. The new rules have mandated the source segregation of waste in order to channelize the waste to wealth by recovery, reuse and recycle. Waste generators would now have to now segregate waste into three streams- Biodegradables, Dry (Plastic, Paper, metal, Wood, etc.) and Domestic Hazardous waste (diapers, napkins, mosquito repellants, cleaning agents etc.) before handing it over to the collector.
2. Institutional generators, market associations, event organizers and hotels and restaurants have been directly made responsible for segregation and sorting the waste and manage in partnership with local bodies.
3. All hotels and restaurants will also be required to segregate biodegradable waste and set up a system of collection to ensure that such food waste is utilized for composting / biomethanation.
4. The rules mandate that all resident welfare and market associations and gated communities with an area of above 5,000 sq m will have to segregate waste at source into material like plastic, tin, glass, paper and others and hand over recyclable material either to authorized waste-pickers and recyclers or to the urban local body.

Collection and disposal of sanitary waste:

1. The manufacturers or brand owners of sanitary napkins are responsible for awareness for proper disposal of such waste by the generator and shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

Collect Back scheme for packaging waste:

1. As per the rules, brand owners who sale or market their products in packaging material which are non‐biodegradable, should put in place a system to collect back the packaging waste generated due to their production.

User fees for collection:

1. The new rules have given power to the local bodies across India to decide the user fees. Municipal authorities will levy user fees for collection, disposal and processing from bulk generators. As per the rules, the generator will have to pay “User Fee” to the waste collector and a “Spot Fine” for littering and non-segregation, the quantum of which will be decided by the local bodies.
2. Also, the integration of rag pickers, waste pickers and kabadiwalas from the informal sector to the formal sector would be done by the state government.
3. The rules also stipulate zero tolerance for throwing; burning, or burying the solid waste generated on streets, open public spaces outside the generator’s premises, or in the drain, or water bodies.

Waste processing and treatment

1. It has been advised that the bio-degradable waste should be processed, treated and disposed of through composting or bio-methanation within the premises as far as possible and the residual waste shall be given to the waste collectors or agency as directed by the local authority.
2. The developers of Special Economic Zone, industrial estate, industrial park to earmark at least 5 per cent of the total area of the plot or minimum 5 plots/ sheds for recovery and recycling facility.
3. Waste processing facilities will have to be set up by all local bodies having a population of 1 million or more within two years.
4. Also, the rules have mandated bio‐remediation or capping of old and abandoned dump sites within five years.

Promoting use of compost

1. The Department of Fertilizers, Ministry of Chemicals and Fertilizers should provide market development assistance on city compost and ensure promotion of co‐marketing of compost with chemical fertilizers.

Promotion of waste to energy

1. The SWM Rules, 2016 emphasize promotion of waste to energy plants. The rules mandate all industrial units using fuel and located within 100 km from a solid waste-based Refuse-Derived Fuel (RDF) plant to make arrangements within six months from the date of notification of these rules to replace at least 5 per cent of their fuel requirement by RDF so produced.
2. As per the rules, the Ministry of New and Renewable Energy Sources should facilitate infrastructure creation for Waste to Energy plants and provide appropriate subsidy or incentives for such Waste to Energy plants.
3. The Ministry of Power should fix tariff or charges for the power generated from the Waste to Energy plants based on solid waste and ensure compulsory purchase of power generated from such Waste to Energy plants by discoms.

Revision of parameters and existing standards

1. The landfill site shall be 100 meters away from a river, 200 meters from a pond, 500 meters away from highways, habitations, public parks and water supply wells and 20 km away from airports/airbase.
2. Emission standards are completely amended and include parameters for dioxins, furans, reduced limits for particulate matters from 150 to 100 and now 50.
3. Also, the compost standards have been amended to align with Fertilizer Control Order.

Management of waste in hilly areas

1. The construction of landfills on hills shall be avoided. Land for construction of sanitary landfills in hilly areas will be identified in the plain areas, within 25 kilometers.

Constitution of a Central Monitoring Committee

1. The government has also constituted a Central Monitoring Committee under the chairmanship of Secretary, MoEF&CC to monitor the overall implementation of the rules.
2. The Committee comprising of various stakeholders from the Central and state governments will meet once a year to monitor the implementation of these rules.

 

Limitations of the revised Solid waste management rules:

1. They fail to incentivize and impose a strict penalty in case of poor implementation.
2. The rules have not pushed for decentralized management of waste but have encouraged centralized treatment such as waste to energy, the present state of which is not good in the country.
3. The informal sector has been considerably neglected in the new rules.
4. It is not clear about the fine amount to be imposed on plastic manufacturers or how the monitoring system would be carried out
5. The need is for behavioral change on part of people when it comes to domestic waste generation and on part of authorities when it comes to implementing the rules framed is not adequately focused.

Way forward:

The rules must reiterate a point stressed in much of the literature on solid waste management that 25 per cent to 35 per cent of India’s waste can be recycled. It will take almost 4-5 years to see the drastic change in how the waste management regimes will work in India. The SWM Rules, 2016 diminish hopes in pushing for adoption of a decentralized mechanism for solid waste management. However, it would be challenging to see how segregation at source shall work on the ground. A massive awareness campaign in association with communities, NGOs, students and other stakeholders needs to be planned to push for better implementation of these rules. The Rules need to focus on making solid waste management a people’s movement by taking the issues, concerns and management of solid waste to citizens and grass-roots.