2003 (10) TMI 684 - SC - Indian Laws

Supreme Court's Ruling on Hazardous Waste Management: Emphasizing Regulations, Coordination, and Public Participation

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The Supreme Court issued comprehensive directions emphasizing strict implementation of existing regulations, better coordination among authorities, public ... - Issues Involved:1. Hazardous Waste Management and Basel Convention Compliance2. Implementation of Hazardous Wastes (Management and Handling) Rules, 19893. Constitution and Functioning of the High-Powered Committee (HPC)4. Precautionary Principle and Polluter-Pays Principle5. Role of Central and State Pollution Control Boards6. Ship-Breaking Activities7. Illegal Imports and Dumping of Hazardous Waste8. Public Participation and Right to Information9. Institutional Reforms and Coordination Among Ministries10. Development of National Policy and Regulatory FrameworkDetailed Analysis:1. Hazardous Waste Management and Basel Convention Compliance:The judgment emphasizes the need for India's compliance with the Basel Convention, which aims to minimize hazardous waste generation, dispose of it near the source, and reduce transboundary movement. The Court noted India's commitment by signing and ratifying the Basel Convention and highlighted the need for serious and concerted action by the Ministry of Environment and Forests (MOEF) to implement these principles.2. Implementation of Hazardous Wastes (Management and Handling) Rules, 1989:The Court observed that the HW Rules, 1989, were not effectively implemented, leading to severe environmental degradation. Despite amendments in 2000 and 2003, the lack of proper implementation remained a significant issue. The Court directed all State Governments and Pollution Control Boards to ensure compliance with these rules and take necessary actions to safeguard the environment.3. Constitution and Functioning of the High-Powered Committee (HPC):A High-Powered Committee (HPC) was constituted to examine hazardous waste management issues. The HPC, chaired by Prof. M.G.K Menon, included experts from various fields. The Committee's extensive report highlighted systemic weaknesses and provided recommendations for improving hazardous waste management. The Court expressed gratitude for the HPC's efforts and directed the implementation of its recommendations.4. Precautionary Principle and Polluter-Pays Principle:The judgment reiterated the applicability of the precautionary principle and polluter-pays principle in Indian environmental law, as established in previous Supreme Court cases. These principles, part of the concept of sustainable development, are implied in various environmental statutes and are considered part of customary international law and domestic law.5. Role of Central and State Pollution Control Boards:The Court criticized the Central and State Pollution Control Boards for their lack of proper implementation and monitoring of hazardous waste regulations. It directed these boards to close unauthorized hazardous waste handling units and ensure compliance with the HW Rules. The Court also emphasized the need for strengthening these boards by providing adequate infrastructure and manpower.6. Ship-Breaking Activities:The judgment addressed the environmental and health hazards associated with ship-breaking activities, particularly at Alang in Gujarat. It directed the authorities to ensure proper decontamination of ships before breaking, safe disposal of hazardous waste, and compliance with CPCB guidelines. The Court also recommended the formation of an inter-ministerial committee to oversee ship-breaking activities.7. Illegal Imports and Dumping of Hazardous Waste:The Court highlighted the issue of illegal imports of hazardous waste and directed the authorities to take strict action against importers and responsible officials. It ordered the re-export or destruction of illegal consignments at the importers' cost and emphasized the need for proper monitoring and enforcement of import regulations.8. Public Participation and Right to Information:The judgment underscored the importance of public participation and the right to information in environmental protection. It directed authorities to ensure transparency and public awareness about hazardous waste management. The Court also recommended measures to involve local communities in monitoring and reporting illegal dumping of hazardous waste.9. Institutional Reforms and Coordination Among Ministries:The Court emphasized the need for better coordination among various ministries and departments involved in hazardous waste management. It directed MOEF to ensure effective coordination and implementation of environmental regulations. The Court also recommended restructuring and strengthening the Hazardous Substances Management Division within MOEF.10. Development of National Policy and Regulatory Framework:The judgment called for the development of a comprehensive national policy on hazardous waste management. It directed MOEF to draft a policy document emphasizing waste minimization, recycling, and environmentally sound disposal practices. The Court also recommended legislative amendments to deter illegal traffic of hazardous waste and ensure compliance with international conventions.Conclusion:The Supreme Court issued comprehensive directions to address the various issues related to hazardous waste management, emphasizing the need for strict implementation of existing regulations, better coordination among authorities, public participation, and development of a national policy framework. The judgment highlighted the importance of adhering to international conventions and principles of sustainable development to protect the environment and public health.