PYQ Relevance:
[UPSC 2023] The most significant achievement of modern law in India in the constitutionalization of environmental problems by the Supreme Court. Discuss this statement with the help of relevant case laws.
Linkage: The Supreme Court’s proactive role in integrating environmental concerns into constitutional law, aligns with the source’s assertion that environmental protection is a constitutional imperative aimed at safeguarding fundamental rights. |
Mentorâs Comment:Â A new study published in Nature says that India is the world’s biggest plastic polluter, releasing 9.3 million tonnes of plastic each yearâabout 20% of the global total. The study defines plastic emissions as plastic waste (like litter and burned plastic) that escapes from areas where it’s at least somewhat controlled and ends up in the open environment, where there’s no control at all.
Today’s editorial looks at plastic pollution in India and the actions taken by the Supreme Court to reduce it. This topic is useful for GS Paper 2 (Policy and governance) and GS Paper 3 (Environmental pollution).
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Let’s learn!
Why in the News?
A new study published in Nature says that India produces more plastic pollution than any other country in the world.
What does the Nature study reveal about India’s plastic pollution?
- India is the World’s Largest Plastic Polluter: According to the study, India releases 9.3 million tonnes (Mt) of plastic waste annually, accounting for about 20% of global plastic emissions. Eg: This includes both plastic debris and open burning, contributing heavily to land, air, and water pollution.
- Plastic Waste Emissions Include Mismanaged and Openly Burnt Waste: Plastic emissions are defined as plastic that moves from controlled (managed or mismanaged) systems to unmanaged, uncontained environments. Eg: Waste escaping from open dumpsites or burnt in open fields, common in peri-urban and rural India.
- Official Data Grossly Underestimates Real Waste Figures: India’s reported per capita plastic waste generation is 0.12 kg/day, but the study estimates it at 0.54 kg/day, suggesting severe underreporting. Eg: Rural waste and informal recycling activities are often excluded from government reports.
- Uncontrolled Dumpsites Far Outnumber Sanitary Landfills: The study found that unregulated dumpsites outnumber sanitary landfills by 10:1, highlighting a major infrastructure gap. Eg: Cities like Patna and Guwahati rely on open dumping due to lack of engineered landfills.
- Data Deficiency Hampers Effective Waste Management: Lack of reliable data, especially from rural areas and informal sectors, weakens national waste management planning. Eg: In the Indian Himalayan Region, poor data on plastic waste flow leads to accumulation in fragile ecosystems.
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Why is India’s plastic waste data seen as inaccurate?
- Exclusion of Rural Areas from Official Data: Government statistics largely reflect urban waste generation, ignoring plastic waste from vast rural regions. Eg: Villages disposing plastic in fields or burning it are not included in national data systems.
- Unaccounted Informal Recycling Sector: The informal sector plays a big role in plastic recycling but is not officially documented in waste audits. Eg: Ragpickers collecting and selling recyclables in Delhi or Mumbai donât show up in municipal records.
- No Data on Open Burning of Waste: Open burning, a major source of plastic emissions, is not systematically tracked or included in national waste reports. Eg: In slums and small towns, plastic is often burnt in the open due to lack of collection facilities.
- Overreporting of Waste Collection Coverage: India claims a 95% collection rate, but this is likely overstated due to poor documentation and ground reality. Eg: Areas with irregular garbage pickup services are still marked as âcoveredâ in official data.
- Lack of Transparent Data Methodology: There is no clarity on how data is collected, audited, or verified by municipal or state agencies. Eg: The Central Pollution Control Board (CPCB) reports donât mention the sampling or survey methods used.
How can India improve its waste management system?
- Ensure Reliable and Inclusive Data Collection: Create a robust, transparent mechanism to collect data from both urban and rural areas, including informal sectors. Eg: Use mobile apps or digital platforms to track daily waste from panchayats and slums in states like Bihar or Odisha.
- Mandate Waste Audits and Public Methodologies: All data-gathering agencies must publish their methodologies and undergo third-party audits to ensure accuracy. Eg: Municipal bodies in Maharashtra could be required to disclose how they measure household waste generation.
- Link Local Bodies to Full Waste Processing Ecosystem: Every urban and rural local body should be mandatorily connected to Material Recovery Facilities (MRFs), recyclers, EPR kiosks, and landfills. Eg: Villages in Himachal Pradesh could be linked to nearby MRFs for segregating plastic and compostable waste.
- Implement and Monitor Extended Producer Responsibility (EPR): Producers, importers, and brand owners (PIBOs) must collect and manage plastic waste they generate, through designated kiosks. Eg: FMCG companies could set up EPR kiosks in towns across Tamil Nadu to collect multi-layered packaging.
- Leverage Technology and Geo-tag Infrastructure: Use Indiaâs tech capability to geo-tag waste infrastructure, monitor waste flows, and plan better logistics. Eg: Using GIS-based dashboards to track landfill use and recycling rates in cities like Bengaluru and Jaipur.
What is the Vellore Tanneries Case?
- The Vellore Tanneries Case refers to a significant legal battle concerning the environmental pollution caused by the tannery industry in Vellore, Tamil Nadu, India. It is a landmark case due to its focus on the polluter pays principle and environmental justice.
Why did the Supreme Court act on the Vellore tanneries case?Â
- To Enforce Environmental Justice and Fundamental Rights: The Court recognized that pollution from tanneries violated citizensâ fundamental rights to clean air, water, and health, guaranteed under Article 21 of the Constitution. Eg: Villagers in Vellore affected by contaminated groundwater and health issues were denied their basic rights.
- To Ensure Accountability and Compliance: Government policies and earlier Court orders had been routinely ignored, so the Court issued a continuing mandamus to ensure time-bound compliance. Eg: The Court directed a committee to monitor clean-up and remediation in Vellore and submit reports within 4 months.
- To Uphold the “Polluter Pays Principle”: The Court ruled that polluters must bear the cost of damage to the environment and compensate affected communities. Eg: Tanneries discharging untreated effluents were made liable for both environmental restoration and community compensation.
- To Promote Sustainable Development through Remediation: The Court emphasized that restoring the damaged environment is a part of sustainable development, not an optional activity. Eg: Soil and water remediation programs in the affected leather clusters were ordered to be implemented.
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Way forward:Â
- Strengthen Data Collection and Transparency: Establish comprehensive waste data systems that include rural areas, informal sectors, and open burning, with clear methodologies and third-party audits to ensure accurate reporting.
- Implement Robust Waste Management Infrastructure: Connect local bodies to the full waste processing ecosystem, enforce Extended Producer Responsibility (EPR) for plastic waste, and leverage technology to track and manage waste flows effectively.
