Current Affairs 2021: Waste Management Policy in India and its effectiveness

By Teresa Dhar

Waste management is becoming difficult day by day. Moreover, it has repercussions on the health of society and the environment. Read further for steps taken in India to tackle this menace.

In August 2021, the Ministry of Environment, Forest and Climate Change (MoEFCC) notified the Plastic Waste Management Amendment Rules, 2021 in the Official Gazette which aims to outlaw identified single-use plastic products (that have very little efficacy but a high probability of littering) by 2022. By this Amendment Rule, the waste management infrastructure throughout the country is being revamped under the aegis of the Swachh Bharat Mission. The Amendment has been made to reinforce the provisions of Plastic Waste Management Rules, 2016.

This comes at a time when there is a pervasive agitation regarding the detrimental footprints that littered plastic is having on both terrestrial and marine bio-network. Due to the ever-rising plastic pollution, India in the Fourth United Nations Environment Assembly(2019), took a resolution to tackle this problem.

Amendments Made In The Plastic Waste Management Amendment Rules, 2021

Through these Amendment Rules, Extended Producer Responsibility Guidelines (policy approach by which producers of plastic products are made accountable for supervising the discarding of the plastic products they have produced when those products are deemed as non-beneficial by consumers) have been enforced by law. From 30th September 2021 onwards, the thickness of plastic carry bags has been enhanced from 50 to 75 microns and it will be further increased to 120 microns from 31st December 2022, effectively.

Significantly, the Amendment Rules have defined several important terminologies that were previously undefined under the 2016 Management Rules. Under the 2021 Amendment, ‘Single-use plastic commodity’, ‘Non-woven plastic bags’, ‘Thermoset plastic’ and ‘Thermoplastic’ have been defined. The rules have taken care to explain the ‘Plastic waste processing’ and with regards to marking or labelling, it mandates that the manufacturer or owner of the carry bags brand is to indicate important information like name of the company/individual, registered number and thickness of the bags.

The production, supply, stocking, import, sale and use of several items like earbuds with plastic sticks, polystyrene [Thermocol], sweet box wrappers, plastic sticks for balloons, plastic cups, cutlery products etc will be banned effectively from 1st July 2022.

In consonance to the powers vested in Central Government under Section 5, Environment (Protection) Act, 1986, a Special Task Force has been sought to be established by each State and Union Territory for the abolition of single-use plastics and efficacious implementation of Plastic Waste Management Rules, 2016. The MoEFCC shall also constitute a National Level Taskforce which will engage in corresponding exertions to the abolition of single-use plastic items and allow efficacious implementation of Plastic Waste Management Rules, 2016.

The State and Union Territory Governments and responsible Departments have been asked to come up with a holistic framework for the total eradication of single-use plastics and efficacious implementation of Plastic Waste Management Rules, 2016, within a prescribed time period.

The Government has been pushing for awareness campaigns and innovative ideas, especially from startups, to provide creative solutions to the problem of plastic pollution and evolve alternatives to plastic. Through various initiatives and campaigns (like the Hackathon 2021 - India Plastic Challenge, Awareness Campaign of Single-Use Plastic 2021 etc.), the government has kicked off the overall programme of spreading awareness.

Other Existing Legislation on Waste Management

Another existing legislation regarding waste management policy is the Solid Waste Management Rules (SWM), 2016 which substituted the Municipal Solid Wastes (Management and Handling) Rules, 2000. Under these rules, there are six categories of waste management rules that have been established i.e., plastic, biomedical, e-waste, hazardous, construction and demolition waste management rules.

The SWM Rules, 2016 provide provisions that deal with segregation of waste at source, collection and discarding of sanitary waste, assemble back scheme for packaging waste, levy a user fee for collection of waste, waste dispensation and treatment, encouraging the use of compost, advocating processing of waste material to energy, waste management in hilly terrains, modification of existing parameters and finally, the institution of a Central Monitoring Committee.

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Are The Existing Legislations Effectively Tackling The Menace Of Waste Management In India?

With the new Amendment Rules, only time can tell whether the Central Government will be able to effectively abolish single-use plastic items within the designated time period. However, it is to be noted that in the past five years since the notification of the SWM Rules, 2016 the lack of stringent execution of its provisions hasn’t helped further the cause. The lack of a decentralised system for solid waste management has been identified as an underlying cause. The idea of segregation of waste at source hasn’t succeeded in practicality as the more suitable mechanisms for waste collection and removal aren’t utilized (due to deficiency of finances). There has been a stark absence of environmental awareness campaigns along with a lack of incentive to realize the objectives of the Rules.  

There aren’t enough trained waste management professionals, primarily due to a shortage of funds and the authorities engaged in waste management have no set system of transparency and accountability. India is lagging when it comes to the incorporation of advanced technologies on revolutionizing waste collection, storage and disposal. The importance of sustainability is lost on common citizens who are either unaware or lackadaisical in participating in waste disposal.

A lot can be done in this particular arena – from active public participation to planned financial influx, developing and strengthening an apex waste management body, infrastructural revamping, utilization of advanced technology in the collection, storage, transportation and disposal of wastes. It is a known fact that plastic usage contributes tremendously to pollution and littering the environment. It is an environmental and health hazard that requires not only to be eradicated completely but allow for a sustainable alternative (like fibre clothe, jute etc.)

The Plastic Waste Management (Amendment) Rules, 2021 is ambitious and is in tandem with the Swachh Bharat Abhiyan. If implemented properly, India will achieve a milestone in its nationwide cleanliness mission towards a greener future. As of now, no measure has been taken to abolish plastic completely except for a promise to ‘phase out’ its usage by 2022.

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Teresa Dhar is a 5^th Year law student at Chanakya National Law University.