The National Green Tribunal (NGT)

The National Green Tribunal (NGT) is a great initiative taken by the Central
Government of India. The National Green Tribunal (NGT) is a specialized statutory body in
India established on October 18, 2010, under the National Green Tribunal Act, 2010, for
effective and expeditious disposal of cases that are related to the protection and conservation
of the environment, forests, and other natural resources.

As a specialized body, the NGT is dedicated to handling cases related to environmental

protection, forest conservation, and the enforcement of legal rights associated with the
environment, including compensation for damages to individuals and property from
environmental violations. The tribunal also covers issues related to accidental health impacts
from environmental causes.

India has become the third country in the world after Australia and New Zealand, to As
a specialized body, the NGT is dedicated to handling cases related to environmental protection,
forest conservation, and the enforcement of legal rights associated with the environment,
including compensation for damages to individuals and property from environmental
violations. The tribunal also covers issues related to accidental health impacts from
environmental causes.

The National Green Tribunal has a total of five places of sitting namely: Bhopal, Pune,
New Delhi, Kolkata, and Chennai, amongst which, New Delhi is the principal place of sitting.

Despite challenges such as limited jurisdiction, financial constraints, and judicial

delays, the NGT strives to strengthen environmental laws, encourage sustainable development,
and reduce court burdens.

NGT is mandated to make disposal of applications or appeals finally within 6 months

of filing of the same. Can impose fines, compensation, and restoration costs for
environmental damages. Cases can be filed by individuals, NGOs, or affected communities.

The National Green Tribunal (NGT) has emerged as a vital institution in India’s
environmental governance framework. By ensuring effective and expeditious disposal of cases
relating to the environment, the NGT plays a crucial role in addressing environmental issues
and moving towards sustainable development.
Objectives of National Green Tribunal

The major objectives of the National Green Tribunal (NGT) in India can be seen as follows:

 To provide for the effective and expeditious disposal of cases relating

to environmental protection and conservation of forests and other natural resources.

 To enforce any legal right relating to the environment and provide relief and
compensation for damages to persons and property.

 To safeguard the basic right to have a safe environment for individuals as part of
Article 21 of the Constitution. (Subhash Kumar vs State of Bihar).
 To strengthen environmental governance and accountability in the country through
its specialized and dedicated judicial mechanism.

 To bring together legal experts and environmental scientists to deliver timely and
informed decisions on a wide range of environmental issues.

 To promote sustainable development practices and balance environmental

concerns with the need for economic growth and development.

 To raise awareness and consciousness about environmental protection among the

general public and policymakers.

Guiding Principles of National Green Tribunal (NGT)

 Principle of Natural Justice – The National Green Tribunal (NGT) is not bound by
the rigid procedural requirements of the Civil Procedure Code, 1908. Instead, it is
empowered to be guided by the fundamental Principle of Natural Justice. This principle
ensures that the decisions of the Tribunal are fair, impartial, and based on due
consideration of all relevant facts and arguments.

 Principle of Sustainable Development – The NGT is mandated by the National Green

Tribunal Act, 2010 to apply the principles of sustainable development while deciding
on cases. This ensures that the Tribunal’s decisions and orders are aligned with the goal
of balancing environmental protection and economic development.
 Precautionary Principle – The Tribunal is allowed to take preventive action even in
the absence of full scientific certainty about the potential harm.
 Polluter Pays Principle – The NGT applies the Polluter Pays Principle to determine
the liability and responsibility of parties for environmental damage or pollution. This
principle holds the polluter accountable for the adverse impacts caused by their actions
or activities.
 Flexible Rules of Evidence – The National Green Tribunal (NGT) is not mandated to
strictly follow the rules of evidence as enshrined in the Indian Evidence Act of 1872.
This flexibility allows the Tribunal to consider a wider range of evidence, including
scientific data and expert testimonies, in its decision-making process.
Performance of the National Green Tribunal:
1. Strengthening Enforcement of Forest Laws: The NGT has been a staunch advocate
for strict enforcement of forest laws, particularly the Forest (Conservation) Act, of
1980.
1. Example: In 2018, the NGT ordered the closure of 248 illegal mining
operations in the Western Ghats, highlighting the Tribunal’s commitment to
enforcing environmental regulations.
2. Example: In 2015, the NGT cancelled the diversion of over 20,000 hectares of
forest land in Chhattisgarh for a mining project, citing irregularities in the
clearance process and the potential harm to wildlife habitat.
2. Promoting Sustainable Forest Management: The Tribunal has advocated
for afforestation programs, conservation of biodiversity, and ecological restoration of
degraded forest areas.
1. Example: The NGT has directed the Forest Department of Uttarakhand to
implement a comprehensive afforestation program, aiming to restore 100,000
hectares of degraded forest land.
3. Protecting Wildlife Habitats: The NGT has recognized the importance of protecting
wildlife habitats to safeguard endangered species and maintain ecological balance.
1. Example: In 2019, the NGT directed the Karnataka government to relocate a
proposed highway project to avoid disrupting a critical wildlife corridor in
the Western Ghats.
4. Enhancing Public Participation: The Tribunal has encouraged individuals and
communities to voice their concerns and participate in environmental impact
assessments. This has increased transparency and accountability in forest management
practices.
1. Example: In 2020, the NGT held a public hearing to gather feedback from local
communities on a proposed hydroelectric project in Arunachal Pradesh.
5. Promoting Environmental Justice: The NGT has addressed issues of environmental
injustice, ensuring that forest conservation efforts do not disproportionately
impact marginalized
1. Example: The 2021 NGT order on the rights of Banni pastoralists in the
pristine Banni grasslands.
6. Speedy Disposal: In several instances, it has succeeded in delivering relatively quick
judgments, ensuring that environmental concerns are addressed promptly.
1. from July 2018 to July 2023, the NGT received 15,132 new cases and
disposed of 16,042 cases
7. Public Interest Litigation: The NGT allows for public interest litigation (PIL),
enabling concerned citizens and environmental activists to raise crucial issues related
to the environment.
Significance of the National Green Tribunal
The National Green Tribunal is of considerable importance in regard to environmental
governance over the territory of India:
o Timely Justice: The NGT, being a quick and dedicated forum of environmental cases,
ensures that justice is delivered without any undue delay. This is crucial for
environmental cases where the implications of delays can be irreversible.

o Expert Decision-Making: The presence of judicial members in the tribunal and

experts from related domains makes certain that its decisions would be well-informed
and balanced with respect to the issue, covering the legal and technical perspectives
pertaining to it.
o Public Trust and Engagement: NGT provides a platform for redressal of
environmental grievances. This enhances public trust in environmental governance. It
empowers citizens to actively take part in the protection of their environment by holding
authorities accountable.
o Strengthening Environmental Laws: Its orders and directions have also made the
implementation of environmental laws much stronger and more effective in India. Most
of its decisions emerge as policy alterations and legal norm modifications.
o Environmental Consciousness: Activities of the NGT have made people,
policymakers, and industries rather more aware of their responsibilities toward the
environment. This in turn leads to better environmental practices and compliance with
regulations.

Composition of National Green Tribunal (NGT)

According to the National Green Tribunal Act, 2010, the National Green Tribunal (NGT)
comprises the following members:

 Chairperson – heads the organization.

 Judicial Members – at least 10, and not more than 20 Judicial Members.
o The exact number of Judicial Members in the NGT is decided and notified by
the Central Government from time to time.
 Expert Members – at least 10, and not more than 20 Expert Members.
o The exact number of Judicial Members in the NGT is decided and notified by
the Central Government from time to time.
Note: Apart from these full-time members, the Chairperson of the Tribunal may, if considered
necessary, invite any one or more persons having specialized knowledge and experience in a
particular case to assist the Tribunal on a part-time basis.
Qualifications of Members of NGT
 Chairman: A judge of the Supreme Court of India or Chief Justice of a High Court is
eligible to become Chairperson of the NGT.
 Judicial Members: A judge of the Supreme Court of India, Chief Justice of a High
Court, an existing judge of a High Court, or a retired judge of a High Court is eligible
to be appointed as a Judicial Member of the tribunal.

 Expert Members: A person holding a degree in technology along with an experience

of 15 years in the relevant field including five years of practical experience in the field
of environment and forests from a reputed National level institutions, or have worked
with Central and State Governments.

Appointment of Members of NGT

 The Chairperson is appointed by the Central Government in consultation with
the Chief Justice of India (CJI).

 Judicial Members and Expert Members are appointed by a Selection

Committee shall be formed by the Central Government for this purpose.

Tenure of Members of NGT

 The Chairperson and the Judicial and Expert members shall hold office for a term of
five years or till the age of sixty-five years, whichever is earlier.

 The Chairperson and the Judicial and Expert members are not eligible for
reappointment.

Benches of National Green Tribunal (NGT)

The National Green Tribunal Act of 2010 provides for a principal bench as well as regional
benches of the National Green Tribunal (NGT).

Principal Bench of NGT

 The Principal Bench of National Green Tribunal (NGT) is established in New Delhi.

 The Principal Bench of NGT caters to the Northern Zone of the country.

Regional Benches of NGT

There are 4 Regional Benches of the National Green Tribunal as follows:

 Bhopal (Central Zone Bench),

 Pune (Western Zone Bench),

 Chennai (Southern Bench) and

Kolkata (Eastern Bench).

Powers and Functions of National Green Tribunal NGT
The NGT is endowed with significant powers and functions to tackle environmental issues
comprehensively:
o Power to Hear Cases: The tribunal can hear original applications and appeals under
various environmental laws. This includes the Water (Prevention and Control of
Pollution) Act, the Air (Prevention and Control of Pollution) Act, and the
Environmental Protection Act. This broad jurisdiction ensures all environmental
disputes can be addressed.
o Relief and Compensation: The NGT has the authority to provide relief and
compensation for damages to persons and property. This function ensures that those
affected by environmental harm are compensated and that remediation measures are
implemented to prevent further damage.
o Enforcement of Orders: The tribunal's orders are legally binding and can be enforced
as if they were decrees of a civil court. This gives the NGT the power to ensure
compliance with its decisions and take corrective actions where necessary.
o Imposition of Penalties: The NGT can impose fines and penalties on individuals or
entities violating environmental laws and regulations. This punitive measure serves as
a deterrent to non-compliance and promotes adherence to environmental standards.
o Expert Assistance: The tribunal can seek the assistance of experts and specialists to
provide informed and technical advice on complex environmental issues. It ensures that
its decisions are well-founded and scientifically sound.
o Review and Revision: The NGT has the power to review and revise its own decisions.
It provides an avenue for reconsideration and ensuring that justice is served accurately
and fairly.

Importance of National Green Tribunal (NGT)

The significance of the National Green Tribunal (NGT) in India are:
 Specialized Environmental Adjudication – The NGT is the first of its kind
specialized judicial body dedicated to handling environmental cases and disputes. Thus,
it has led to the start of specialized environmental adjudication in India.
 Expedited Grievance Redressal – A time-bound process for hearing and disposing of
cases, as followed by the NGT, ensures timely resolution of environmental concerns.

 Enforcing Environmental Laws – Through its powers to impose fines and hold
authorities accountable, the NGT ensures the effective implementation of various
environmental laws and regulations.

 Prevention of Environmental Damage – The NGT is empowered to direct proactive

measures to prevent environmental damage. This plays an important role in the
protection of the environment and ecology.
  Remedy of Environmental Damage – By ordering remedial actions to address
existing environmental degradation, the NGT plays a pivotal role in environmental
conservation.

 Bridging the Gap – The NGT acts as a bridge between the judiciary, the executive,
and the public in environmental governance. It provides a platform for citizens, NGOs,
and other stakeholders to bring environmental issues to the forefront and seek redressal.
 Promoting Sustainable Development – The NGT’s rulings and orders aim to balance
the needs of environmental protection and economic development. It ensures that
development projects comply with environmental regulations and minimize their
impact on the ecosystem.
 The Supreme Court and NGT have played a crucial role in strengthening
environmental jurisprudence in India.
 These landmark judgments emphasize:
1. Polluter Pays Principle – Industries must pay for environmental damage.
2. Precautionary Principle – Preventive steps must be taken before environmental
harm occurs.
3. Sustainable Development – Economic growth must balance with environmental
conservation.
4. Intergenerational Equity – Resources must be conserved for future generations.
 These rulings continue to shape India's environmental policies and promote eco-
friendly governance.

National Green Tribunal Landmark Judgements

Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda Hydro Power Co.
Ltd.(2014): The National Green Tribunal (NGT) ordered the Alaknanda Hydro Power Co. Ltd.
to pay compensation to the petitioner in the Uttarakhand floods case. The ruling was based on
the principle of “polluter pays”.
Ganga Pollution Case (2017): In the Ganga Pollution Case (2017), the NGT directed state
governments to take immediate action against pollution, including setting up sewage treatment
plants and regulating industrial discharges, to revitalize the river.
In 2012, POSCO a South-Korean steelmaker company signed a MoU with the Odisha
government to set up steel project. NGT suspended order and this was considered a radical
step in favour of the local communities and forests.
In 2012 Almitra H. Patel vs. Union of India case, NGT gave judgment of complete prohibition
on open burning of waste on lands, including landfills – regarded as the single biggest landmark
case dealing with the issue of solid waste management in India.
In 2013 in Uttarakhand floods case, the Alaknanda Hydro Power Co. Ltd. was ordered to
compensate to the petitioner – here, the NGT directly relied on the principle of ‘polluter pays’.
In 2015, the NGT ordered that all diesel vehicles over 10 years old will not be permitted to ply
in Delhi-NCR.
A December 2016 amendment to EIA 2006 notification — the amendments basically sought to
give local authorities powers to grant environmental clearance to builders — was nullified by
the NGT, terming it as a “ploy” (by the government) to circumvent the 2006 rules.

Many Projects which were approved in violation of the law such as an Aranmula Airport,
Kerala; Lower Demwe Hydro Power Project and Nyamnjangu in Arunachal Pradesh; mining
projects in in Goa; and coal mining projects in Chhattisgarh were either cancelled or fresh
assessments were directed.

In 2017, the Art of Living Festival on Yamuna Food Plain was declared violating the
environmental norms, the NGT panel imposed a penalty of Rs. 5 Crore.
The NGT, in 2017, imposed an interim ban on plastic bags of less than 50-micron thickness in
Delhi because “they were causing animal deaths, clogging sewers and harming the
environment”.
Complete Prohibition on Open Burning of Waste (2012) – This judgment by the NGT
addressed a critical issue – waste management. It mandated a complete ban on open burning
of waste, including landfills.
This judgment has contributed significantly towards improved air quality and waste
management practices across the country.
Save Mon Federation Vs Union of India (2013) – This case showcased the NGT’s
commitment to biodiversity conservation. The Tribunal suspended a large hydro project in
Arunachal Pradesh to protect the habitat of a critically endangered bird species – Black-Necked
Crane.
Coal Mining in Meghalaya (2014) – The NGT imposed a ban on rat-hole coal mining in
Meghalaya State, citing environmental degradation and safety concerns.
Art of Living Case (2016) – The NGT imposed a fine of Rs. 5 crore on the Foundation for
causing environmental damage to the Yamuna floodplains and mandated restoration measures.
Ganga Pollution Case (2017) – The NGT directed the implementation of a comprehensive
action plan for cleaning the Ganga River, including a ban on the disposal of waste and effluents
and the establishment of sewage treatment plants.

Ban on Firecrackers During Diwali (2020) – The NGT imposed a temporary ban on the sale
and use of firecrackers in Delhi and other polluted cities during Diwali celebrations. This
reduced air pollution levels during the festival.
 Ban on Diesel Vehicles – The NGT has imposed bans on the registration of new diesel
vehicles and the plying of old diesel vehicles in the National Capital Region (NCR) to
curb air pollution.

 Regulation of Groundwater Extraction – The NGT has issued directives to regulate

groundwater extraction and recharge measures to address the depletion of groundwater
levels.
  Protection of Wetlands – The NGT has taken measures to protect wetlands across the
country, including the Okhla Bird Sanctuary (Noida), Deepor Beel (Assam), and
Chilika Lake (Odisha), by preventing encroachment and illegal activities.

 Remediation of Polluted Sites – The NGT has ordered the remediation and restoration
of polluted sites, such as the Bellandur Lake (Bengaluru) and the Yamuna riverbed in
Delhi.

National Green Tribunal (NGT) & Landmark Supreme Court Judgments

1. Vellore Citizens Welfare Forum v. Union of India (1996) – Concept of Polluter Pays &
Precautionary Principle
 Issue: Industries in Tamil Nadu were polluting groundwater and the river Palar due to
untreated effluents.

 Judgment:
o Supreme Court recognized the "Polluter Pays" principle.

o Established that industries must compensate for environmental damage.

o Enforced the "Precautionary Principle", ensuring industries take preventive
measures.

2. MC Mehta v. Union of India (1986) – Ganga Pollution Case

 Issue: Tanneries and industries were discharging pollutants into the Ganga River.

 Judgment:
o Ordered closure of industries violating pollution norms.

o Mandated the establishment of effluent treatment plants.

o Strengthened Water Pollution Laws in India.

3. Indian Council for Enviro-Legal Action v. Union of India (1996) – Strict Liability for
Hazardous Waste
 Issue: Hazardous waste from industries in Rajasthan caused severe environmental
damage.

 Judgment:
o Applied "Absolute Liability", meaning industries must pay compensation
without exceptions.
o Directed the government to ensure safe disposal of hazardous waste.

4. Taj Trapezium Case (MC Mehta v. Union of India, 1997) – Air Pollution & Heritage
Protection

 Issue: Air pollution from industries near the Taj Mahal was damaging the monument.

 Judgment:
 o Ordered closure or relocation of polluting industries.

o Directed use of natural gas instead of coal in industries near the Taj Mahal.
o Established Buffer Zones for heritage protection.

5. Sterlite Copper Plant Case, Tamil Nadu (2018) – Environmental and Health Hazards
 Issue: The Sterlite Copper plant in Tamil Nadu was accused of causing air and water
pollution.

 Judgment:
o The NGT initially overturned the state government’s closure order,
allowing the plant to function.

o However, the Supreme Court upheld the Tamil Nadu government’s

decision to shut down the plant permanently.

o Reinforced public participation in environmental decision-making

o Stressed the need for prior environmental clearances for large-scale events.

7. Lafarge Umiam Mining Case (2011) – Sustainable Development and Forest Clearance
 Issue: Lafarge company was conducting limestone mining in Meghalaya, affecting
forests and indigenous communities.

 Judgment:

o Supreme Court ruled that forest clearance and environmental impact

assessment (EIA) are mandatory.

o Established that sustainable development should be balanced with

economic growth.

8. Goa Foundation v. Union of India (2014) – Illegal Mining Ban in Goa

 Issue: Illegal iron ore mining in Goa was leading to deforestation and loss of
biodiversity.

 Judgment:
o Supreme Court banned illegal mining in Goa.

o Ordered that mining be regulated under sustainable guidelines.

o Highlighted the "Intergenerational Equity" principle—resources must be

preserved for future generations.

9. Karnataka Industrial Areas Development Board (KIADB) v. Sri C. Kenchappa (2006)

– Protection of Agricultural Land
 Issue: Industrialization was affecting agricultural land and forests.

 Judgment:
 o Supreme Court ruled that ecological balance must be maintained.

o Encouraged the use of barren land for industries instead of fertile

agricultural land.

10. Aarey Forest Case, Mumbai (2019) – Protection of Urban Forests

 Issue: The Mumbai Metro project required the cutting of trees in Aarey Forest,
considered an urban green lung.

 Judgment:
o Supreme Court halted tree cutting for the project.
o Declared Aarey as a forest area to ensure long-term conservation.
Environmental Laws – Dr. Geeta Malbhage

The Environment Protection Act 1986

India is the first country in the world to have made provisions for the protection and
conservation of environment in its constitution after U N conference on human environment in
Stockholm, our country took important steps to protect environment through legislation like
The Wildlife Protection act 1972, Water (Prevention and Control of Pollution) Act 1974, The
Forest Conservation Act, 1980, The Air (Prevention and control of Pollution) Act 1981.
The Environment Protection Act 1986, came into force on November 19,1986, the birth
anniversary of our late Prime Minister Indira Gandhi.

Aim of the act

The aim of this act is to provide for the protection and improvement of environment intern
protect human beings other living creature, plants and property from hazards.

Definitions
1. Environment Includes water air and land and the interrelationship which exists among
and between water air land and property.
2. Environmental pollutant means the presence of any solid liquid or gaseous substance
present in such concentration as may be or tend to be injurious to environment.
3. Hazardous substance means any substance or preparation which by reason of its
chemical or physicochemical properties or handling is liable to cause harm to human
beings, other living creatures, plants, microorganisms, property or the environment.
4. Occupier in relation to any factory or premises means a person who has control over
the affairs of the factory or premises and includes in relation to any substance the person
in possession of the premises or substance.

Functions of central pollution control board number

1. Setting up standards of quality of air, water or soil for various areas and purpose.
2. Setting up maximum permissible limit of concentration of various environmental
pollutants including noise for different areas.
3. The procedures and safeguards for the handling of hazardous substances in different
areas. Prohibitions, restrictions on the handling of hazardous substances in different
areas.
4. Prohibition and restrictions on the location of industrial industries and to carry on
processes and operations.
5. The procedures and safeguards for the prevention of accidents which may cause
environmental pollution and providing remedial measures for such accidents.

Provisions under environmental protection act

Schedule I to IV of Environment Protection Act rules 1986 ,standards given for emission
of gaseous pollutants and discharge of effluents wastewater from industries These standards
vary from industry to industry. Example:
B O D limit - 300 ppm- If discharge into inland
Environmental Laws – Dr. Geeta Malbhage

350 ppm If discharge into public sewer

100 ppm if discharge onto land or coastal region

It is the duty of the pollution control board to cheque whether the industries are following
the prescribed norms or not

Provisions, guidelines under schedule VI

1. To advise the industries for treating the wastewater and gases with the best available
technology.
2. The industries have to be encouraged for recycling and reusing the wastes materials.
3. Encourage the industries for recovery of biogas, energy and reusable materials.
4. Assessment of assimilative capacity of the receiving water body to permit discharge of
the effluents and the emissions into environment.
5. Encourage and give emphasis on the implementation of clean technology by industries
to increase fuel efficiency and reduce the environmental pollutant load.
6. In 1994 EIA That is environment impact assessment becomes mandatory and under
scheduled I of the Rule, total 29 types of projects listed which require Environmental
clearance certificate from the CPCB, before establishment of unit or project.
7. If expansion activity of any industry or project require then in that case project
proponent has to provide EIA, risk analysis, NOC from SPCB, summary of the project
report, field questionnaire, rehabilitation plan if more than 1000 people are likely to be
displaced due to the project etc. required mandatory
8. Hazardous Waste Management Handling rules 1989, under this 18 hazardous Waste
categories recognised and guidelines given for them for proper handling, storage,
treatment, transport, disposal which should be strictly followed by the owner.
9. Environmental audit provision- Form 5 which gives compliance report of an industry
to check the performance.

Drawbacks of acts
1. The provision of penalties in the Act is very insignificant as compared to the damage
caused by the big industries.
2. Litigation related to environment is very expensive.
3. State pollution control board often lacks adequate funds and expertise to pursue their
objectives to control pollution.
4. For small units/ industries it is very expensive to instal effluent treatment plant and air
pollution control devices, yet common effluent treatment facility not enough.
5. The Act has not included the right to information for the citizens, this greatly restricts
the involvement or participation of the general public.
6. The position of Chairman of the board is usually occupied by political appointee hence
it is difficult to keep political interference at bay.
Environmental Laws – Dr. Geeta Malbhage

Structure of Central Pollution Control board

Chairman He will be nominated by the Central government and he will be a fulltime
chairman he is required to possess special knowledge and practical experience in the field
of environmental pollution.
Officials a maximum of five officers will be nominated by the Central government in
addition five more officers drawn from the state board will be nominated to the central
board.

Non officials a maximum of three non-officials representing agriculture fishery and

industry are also nominated by Central Government
Company or corporate representative two person to present companies or corporate

Two persons to represent companies or corporations owned controlled or managed by the

Central Government
Member secretary a fulltime member secretary possessing qualifications knowledge and
experience of scientific engineering or management aspects of pollution control is to be
appointed by the Central Government generally is background person selected for member
secretary post.

Structure of State Pollution Control Board

Chairman He will be nominated by the State Government and he will be a fulltime
chairman he is required to possess special knowledge and practical experience in the field
of environmental pollution.
Officials a maximum of five officers will be nominated by the State Government in
addition five more officers drawn from the state board will be nominated to the State board.
Non officials a maximum of three non-officials representing agriculture fishery and
industry are also nominated by State Government.

Company or corporate representative two person to present companies or corporate

Two persons to represent companies or corporations owned controlled or managed by the
State Government.

Member secretary a fulltime member secretary possessing qualifications knowledge and

experience of scientific engineering or management aspects of pollution control is to be
appointed by the State Government generally is background person selected for member
secretary post.
Environmental Laws – Dr. Geeta Malbhage

The water prevention and control of pollution act 1974

Aim of the act
1. To provide for the prevention and control of water pollution
2. To maintain or restore the wholesomeness of water
3. To establish water pollution control boards for the prevention and control of water
pollution
4. To assign suitable powers and functions for the water pollution control boards.

Reasons for water pollution- Some of the major reasons or causes for water pollution are
growth of industries and the consequent arising of different variety of effluents.
Increasing tendency to urbanisation and the consequent dumping of all kinds of solid liquid
and gaseous wastes into the land water and atmosphere.
Increase in pollution is an indirect reason for the water pollution

Definitions
Pollution means such contamination of water or such alteration of the physical chemical
or biological properties of water or such discharge of any sewage or trade affluent or of any
other liquid gases or solid substance into water directly or indirectly which create nuisance
and causes harmful or injurious effects on health Safety or to domestic commercial
industrial agricultural or other legitimate uses or to the life and health of animals or plants
or aquatic organisms.

Sewage effluent this means effluent from any sewerage system or sewage disposal works
and includes Sullage from open dress open drains. The wastewater coming out from the
domestic area is called sewage

Trade effluent includes any liquid gaseous or solid substance which is discharged from
any premises used for carrying on any other than domestic sewage. The waste water coming
out from the industry is called effluent.

Stream includes
River
water course

inland water
subterrane water

sea or tidal water to such extent or to such point at the State Government may by
notification in the official gadget specify in this behalf.
Occupier in relation to any factory or premises means the person has control over the affairs
of the factory or premises and includes in relation to any substance the person in possession
of the substance.
Environmental Laws – Dr. Geeta Malbhage

Functions of Central Pollution Control boards

1. To advise the central government on any matter concerning the prevention and control
of water pollution.
2. To coordinate the activities of the state boards and resolve disputes among them
3. To provide technical assistance and guidance to the state boards carry out and sponsor
investigations and research relating to problems of water pollution
4. To plan and organise the training of persons engaged or to be engaged in programmes
for the prevention control of abetment or water pollution.
5. To organise through mass media a comprehensive programme regarding the prevention
and control of pollution.
6. To collect compile and publish technical and statistical data relating to water pollution
and the major devised for its effective prevention and control of pollution.
7. To prepare manuals, codes or guides relating to treatment and disposal of sewage and
trade effluents and disseminate information connected their with.
8. To lay down modify with the state government concerned the standards for the stream
or well.
9. To plan an execution wide programme for the prevention and control or abetment of
water pollution.

Functions of State Pollution Control Board

1. To plan a comprehensive programme for the prevention control or abetment of pollution
of streams and wells in the state and to secure the execution thereof.
2. Two advice state government on any matter concerning the prevention control or
abetment of water pollution.
3. To encourage, conduct and participate in investigations and research relating to
problems of water pollution and Prevention and control.
4. To inspect sewage or trade influence works and plans for the treatment of sewage and
trade effluent and review plants specification or other data relating to plant setup for
treatment of water and grant of any consent as required by the act.
5. To lay down modify our annual effluent standards for the sewage and trade effluent and
for the quality of receiving water resulting from the discharge of effluent and to classify
waters of the state.
6. To evolve economical and reliable methods of treatment of sewage and trade effluents.
7. To evolve methods of utilisation of sewage and suitable trade effluent in agriculture.
8. To advise the state government with respect to the location of any industry with respect
to its pollution possibilities of stream or well.

Provisions of the act

Section 21
This section empowers the nominated officials of the state board to take samples of water from
any stream or well or samples of any sewage or trade effluent which passing from any plant or
vessel for the purpose of analysis such samples will be collected after due notice is given to the
occupier
Environmental Laws – Dr. Geeta Malbhage

Section 22
The samples collected above will be analysed by the nominated officials of recognised
laboratory and officials will submit a report of the result of such analysis.
Section 23
This section empowers the nominated person of the board to enter any place for inspection
examination of any plant record, register, document of any other material, object or for
conducting a search of any place.
Section 24

This section deals with the prohibition on use of stream or well for disposal of polluting matter
etc.
The following actions are prohibited no poisonous, noxious or polluting matter determined as
per the standards laid down by state board should be permitted to enter any stream or well or
sewer or on land.

Section 25
Without consent from the state board no person can establish any industry. Operations or
processes or any treatment and disposal systems or extension, addition, expansion there to
which is likely to discharge sewage or trade effluent into a stream or well or sewer or land.
Section 26
The person has to follow the rules of section 25, if before the commencement of this act if
person who was discharging any sewage trade affluent into steam or well or sewer or land have
to take permission.
Section 32 and 33

In case of any accidental unforeseen discharge of polluted, poisonous or noxious matter into
the stream or well is dealt with then the person in charge of such place should inform state
pollution control board. If necessary, board can approach to the local court in the matter for
getting a judgement.
Penalties and procedure
Failure to comply with the directions referred in the above sections can result in punishment
with imprisonment for up to six years and fines with additional fines for each day.
Making false statements to obtain consent will lead to imprisonment up to three months or fine
of up to 10,000 or both.
Interfering with monitoring devices imprisonment up to three months or fine of up to 1000 or
both.
Tampering with pollution monitoring devices fine ranges from 10,000 to 15 lakhs.
Environmental Laws – Dr. Geeta Malbhage

The air prevention and control of pollution at 1981

Aim of the act
1. To provide for the prevention and control of air pollution
2. To establish air pollution control boards for carrying out prevention and control of air
pollution.
3. To assign functions and powers to the boards after establishment.
4. Other matters connected there with.

Reasons for air pollution

Pollutants discharge through industrial emissions, human activities connected with traffic,
heating, use of domestic fuel, refuse burning, incineration activities etc. Growth of industries,
increasing urbanisation increase in population etc. are other indirect reasons for the air
pollution.

Definitions
Air pollutant means any solid liquid or gaseous substance including noise present in the
atmosphere in such concentration as may be or tend to be injurious to human beings or other
living creatures or plants or property or environment.

Air pollution means the presence in the atmosphere of any air pollutant.
Automobile means any vehicle powered either by internal combustion engine or by any
method of generating power to drive such vehicle by burning fuel.

Chimney includes any structure with an opening or outlet form or through which any air
pollutant may be emitted.
Emission means any solid or liquid or gaseous substance coming out of any chimney duct or
flue or any other outlet.

Occupier in relation to any factory or premises means the person who has control over the
affairs of the factory or the premises and includes in relation to any substance the person in
possession of the substance.

Functions of the central board

1. Advise the central government on any matter concerning the improvement of the
quality of air and the prevention control or abatement of air pollution.
2. Plan and cause to be executed a nationwide programme for the prevention control or
abetment of air pollution.
3. Coordinate the activities of the state boards and resolve disputes among them.
4. Provide technical assistance and guidance to the state boards to carry out and sponsor
investigations and research relating to problems of air pollution and Prevention Control
or abatement of air pollution.
Environmental Laws – Dr. Geeta Malbhage

5. Plan and organise the training of persons engaged or to be engaged in programmes for
the prevention controller abatement of air pollution on such terms and conditions as the
central board may specify.
6. Organise through mass media a comprehensive programme regarding the Prevention
Control or abatement of air pollution.
7. Collect, compile and publish technical and statistical data relating to air pollution and
the measures devised for its effective prevention control or abetment and prepare
manual, codes or guides relating to prevention control or abetment of air pollution.
8. Lay down standards for the quality of air collect and disseminate information in respect
of matters relating to air pollution. Perform such other functions as may be prescribed.

Functions of state boards

1. To plan a comprehensive programme for the prevention control or abatement of air
pollution and to secure the execution thereof.
2. To advise the state government on any matter concerning the prevention control or
abatement of air pollution.
3. To collect and disseminate information relating to air pollution.
4. To collaborate with the central board in organising the training of a persons engaged or
to be engaged in programmes relating to prevention control or abatement of air
pollution and to organise mass education programme relating the same.
5. To inspect at all times any control equipment industry or plant or manufacturing process
and to give by order such directions to such person as it may consider necessary to take
steps for the prevention control or abatement of air pollution.
6. To inspect air pollution control areas at specified intervals and assess the quality of air
in such areas and take suitable steps for the prevention controller abatement of air
pollution in such areas.
7. To lay down standards for emissions in consultation with the central board.
8. To advise state government with respect to suitability of any premises or location for
carrying on any industry which is likely to cause air pollution.
9. To perform such other functions as may be prescribed from time to time by central
board or state government to do such other things and to perform such other acts as it
may think necessary for the proper discharge of, the purpose of this act.

Provisions of the act

As per section 21 of the act no person should establish or operate any industrial plant in an air
pollution control area without the previous consent of the state board, a person already
operating any industrial plant in any air pollution control area before the commencement of
this act has to subsequently get the approval of the state board within a specific period of time.

The state board can prohibit the following aspects in the specified pollution control areas:
[Link] use of any fuel other than approved fuel which is likely to cause air pollution
2. No appliance other than an approved appliance can be used in the premises situated in an air
pollution control area.
Environmental Laws – Dr. Geeta Malbhage

3. Burning of any material not being fuel in any air pollution control area is prohibited since
the scene may cause air pollution.

Delegation of powers
Any person empowered by state board shall have right to enter at all responsible times with
required assistance as he considered necessary for any place.

He can check whether provisions laid down in the act have been complied or not.
He can examine and test any control equipment, he can scrutinise the related records registers
or any other material, object

He can also make search at any place if he considered necessary to do so.

The person operating any control equipment or any industrial plant in an air pollution control
area shall be bound to render all assistance to the person empowered by the state board failure
to do so will be treated as an offence under the act

If a person willingly delays or obstruct any person empowered by the state board in the
discharge of his duties, he shall be guilty of an offence under this act.

Power to take sample of air or Emission

Under this act officer empowered to take samples of air on emission from any chimney flue or
duct or any other outlet for the purpose of analysis the sample of air will be collected in the
presence of the occupier or his representative
The collected air sample will be placed in the container which then will be marked and sealed
signatures of both the person taking the sample and the occupier or his agent will be affixed on
the sample collected.
Then it will be sent to laboratory established or recognised by the state board for the analysis
purpose.

Officer should submit a report with prescribed form about the result of analysis.

Penalties and procedure

1. Establishing a plant in the pollution control area the occupier is punishable with
imprisonment for a term which shall not be less than one year and six months which
may extend to six years and with fine and in case failure continuous with an additional
fine which may be extend to 5000 Rs. for every day.
2. Following actions are punishable with imprisonment for a term and the fine range from
10,000 Rs or more. The acts are as follows:
A. Destroying pulling down removing injuring or defacing any pillar, post or stake
fixed in the ground or any notice or other matter put up in scribed or placed by
the state board.
B. Obstructing any person acting under the orders or directions of the board from
exercising his powers and performing his functions under this act.
Environmental Laws – Dr. Geeta Malbhage

C. Damaging any work or property belonging to the board failing to furnish to the
board or any officer or other employee of the board an information required by
the board or such officer or other employee for the purpose of this act.
D. Failing to intimate the occurrence of the emission of air pollutants into the
atmosphere in excess of the standards laid down by the state board.
E. Furnishing false statement for getting consent for establishment of his unit.
All the above acts are punishable with imprisonment for the term which extend to three months
or with the fine which may extend to three months with ₹10,000 or both.
Hazardous Waste Management

Hazardous waste is discarded material with properties that make it potentially harmful to
human health or the environment, requiring special handling and disposal procedures. It can
exist in solid, liquid, contained gas, or sludge forms and can originate from industrial processes,
laboratories, hospitals, and even households.

What is Hazardous Waste?

About: Hazardous waste refers to waste that poses a danger to health or the
environment due to characteristics like toxicity, flammability, reactivity, or corrosiveness,
either alone or when combined with other substances.

Hazardous Waste - Meaning

 The term "hazardous waste" refers to a type of unsafe item. Since industrial and hospital
waste includes poisonous compounds, they are considered hazardous.

 Hazardous wastes are toxic, extremely flammable, or explosive, and can be very
harmful to humans, animals, and plants.

 Old batteries, shoe polish, paint tins, old pharmaceuticals, and medicine bottles are
examples of household waste that might be classified as hazardous waste.

 Metals, Chemicals, Paper, pesticides, Dye, Refining, and Rubber Goods Sectors are
important sources of hazardous waste in the industrial sector.

 Direct contact with hazardous waste compounds such as mercury and cyanide can be
lethal.

 Sources of Hazardous waste

 Use of Hazardous Substances: Most hazardous waste is produced during chemical
production and consumption, increasing with rising demand for consumer goods.
  Inappropriate Technologies: Outdated technologies used by small and medium
enterprises (SMEs) result in inefficient resource conversion, leading to higher and more
toxic hazardous waste.
 Post-Treatment: Wastewater treatment and gaseous emissions result in residues
containing hazardous substances.

Hazardous Waste - Impacts

Hazardous waste disposal that isn't done properly can endanger human health and
the environment. Waste that is improperly disposed of, for example, may leak
into groundwater, causing long-term contamination of a region's water supply. This might
have devastating impacts for agricultural communities that rely on groundwater aquifers for
irrigation and personal consumption. Contamination from inappropriate hazardous waste
disposal can be dangerous in urban settings, particularly slums, if untreated trash spills into
open sewers and into water distribution systems. At the same time, ingesting hazardous waste,
inhaling polluted air, or coming into direct touch with skin can result in a variety of short- and
long-term health problems such as allergies, skin irritation and lung diseases.
Carcinogenesis, reproductive abnormalities, and central nervous system problems are some
of the hazards that can arise depending on the sort of hazardous waste in question.

Characteristics of Hazardous Waste

In the U.S., the Environmental Protection Agency (EPA) defines a waste as hazardous if it
exhibits one or more of the following four characteristics:

 Ignitability: Waste that can readily catch fire and sustain combustion, such as liquids
with a flash point below 60 °C (140 °F), ignitable compressed gases, or oxidizers.

 Corrosivity: Aqueous waste that is a strong acid (pH of 2.0 or less) or a strong base (pH
of 12.5 or more), capable of corroding steel or damaging living tissue upon contact.

 Reactivity: Waste that is unstable under normal conditions, reacts violently with water,
or produces toxic gases or explosions when exposed to heat or shock.

 Toxicity: Waste that is harmful or fatal when ingested or absorbed and can leach into
the ground to contaminate groundwater supplies.
Types of Hazardous Waste

Hazardous waste is also categorized into different types based on its source and composition:

 Listed Wastes: Specific wastes the EPA has determined are inherently hazardous, found
on four lists (F-list for non-specific sources like spent solvents; K-list for source-
specific industrial processes; and P- and U-lists for unused, discarded commercial
chemical products).

 Universal Wastes: A special, less stringently regulated category of common hazardous

wastes produced in large quantities, such as batteries, fluorescent light bulbs, and
mercury-containing devices.

 Mixed Wastes: Waste that contains both hazardous components (regulated by the EPA)
and radioactive components (regulated by agencies like the Department of Energy or
the Nuclear Regulatory Commission).

 Biomedical/Infectious Wastes: Materials from healthcare or research facilities that

contain pathogens, such as contaminated sharps (needles, blades), pathological waste
(tissues, organs), and infectious cultures.

Import and Export of Hazardous Waste

The import and export of hazardous and other wastes in India are governed by the Hazardous
and Other Wastes (Management and Transboundary Movement) Rules, 2016, with the Ministry
of Environment, Forest and Climate Change (MoEF&CC) as the primary regulatory body.

Key General Rules

 Prohibited Purpose: Importing hazardous waste for final disposal in India is not
permitted.

 Permitted Purposes: Imports are allowed only for recycling, recovery, reuse, and
utilisation as raw materials by actual users.

 Nodal Ministry: The MoEF&CC manages transboundary movements and grants

permissions.

 Documentation: Shipments need a movement document (Form 6) and a test report from
an accredited laboratory in the exporting country.
 Illegal Traffic: Lack of proper permission, fraud, or discrepancies between shipment
and documentation constitute illegal traffic. Illegal imports must be re-exported within
90 days at the importer's cost.

 Record Keeping: Importers and exporters must maintain records (Form 3) and submit
annual returns (Form 4) to the State Pollution Control Board (SPCB) by June 30th
annually.

Hazardous Waste - Disposal

 Some hazardous materials were formerly disposed of in normal landfills.

 As a result, large quantities of toxic pollutants leaked into the earth.

 These pollutants eventually found their way into natural waterways.

 Countermeasures against groundwater contamination are now required in many

landfills.

 For example, to contain dangerous elements that may remain in the dumped waste,
a barrier must be erected around the landfill's foundation.

 Hazardous wastes must be stabilized and solidified before entering a landfill.

 The majority of combustible materials can be used as industrial fuel.

 Lead acid batteries, for example, can be recycled even though they contain dangerous
elements.

Recycling

 Hazardous waste can be recycled into new products in some cases.

 Lead–acid batteries and electrical circuit boards are two examples.

 Heavy metals in these types of ashes could attach to other contaminants and transform
them to easier-to-dispose solids, or they could be used as pavement infill if properly
treated.

 These treatments limit the risk of dangerous substances such as fly and bottom ash
while also reusing the safe product.
Incineration and Waste-to-energy

 Flammable wastes can occasionally be used as energy sources by incinerating them at

a high temperature.

 Many cement kilns, for example, burn hazardous wastes such as old oils or solvents.

 Today's incineration processes not only eliminate hazardous waste, but also create
electricity from the gases generated during the process.

 Incinerators come in a variety of shapes and sizes, depending on the waste's qualities.

 Another method for treating hazardous materials is starved air incineration.

 Burning happens, just as it does in traditional incineration, but limiting the amount of
oxygen permitted helps to reduce the amount of toxic byproducts created.

Landfill

 A landfill here refers to a hazardous waste disposal facility or a portion of a facility that
is not a pile.

 It is the land treatment facility which has a surface impoundment, an underground

injection well, a salt dome formation, a salt bed formation, an underground mine, a
cave, or a corrective action management unit.

Pyrolysis

 Pyrolysis is the heat decomposition of a solid (or a liquid) into smaller volatile
molecules without mixing with oxidants.

 Some hazardous wastes can be destroyed by pyrolysis at a high temperature, not

necessarily through an electrical arc, but by depriving them of oxygen to prevent
burning.

 These treatment procedures are quite expensive, but in some cases, they may be
preferable to high-temperature burning, such as for destroying concentrated organic
waste types like PCBs (Printed Circuit Boards), pesticides, and other persistent organic
pollutants.
Hazardous Waste Management In India

 The detrimental impact on human health and the environment is minimised by scientific
disposal of hazardous waste through collection, storage, packaging, transportation, and
treatment in an environmentally sound manner.

 Individual waste generators can establish captive treatment facilities or use Common
Hazardous Waste Treatment, Storage, and Disposal Facilities to dispose of hazardous
waste (TSDFs).

 In 17 states/UTs, there are 40 Common Hazardous Waste Treatment, Storage, and

Disposal Facilities (TSDFs).

 Hazardous trash, such as lead acid battery scraps, used oil, waste oil, wasted catalyst,
and other waste, such as waste tyres, paper waste, metal scrap, and so on, are utilised
as raw material and as a supplemental resource for material and energy recovery by
industries interested in waste recycling.

 As a result, it is always preferable to recycle such garbage or use it for resource recovery
rather than dispose of it in a landfill or incinerate it.

 There are around 1080 registered recyclers, 47 cement factories that are licenced to co-
process, and 108 companies that are permitted to use hazardous waste.
E-Waste: Causes, Concerns and Management
What is e-waste? What are the concerns associated with it? How do we dispose of it?
What are reuse and recycle? Are there any rules in place? Read to know more here.
What is e-waste?
E-waste or Electronic waste is any electrical or electronic equipment that’s been discarded.
This includes working and broken items that are thrown in the garbage or donated to a charity
reseller, their components, consumables, parts, and spares.
E-waste is particularly dangerous due to toxic chemicals that naturally leach from the metals
inside when buried.

It is divided into 21 types under two broad categories:

1. Information technology and communication equipment. Examples: Cell phones,
Smartphones, Desktop Computers, Computer Monitors, Laptops. Circuit boards, Hard
Drives

2. Consumer electrical and electronics. Examples: microwaves, heaters, remote controls,

television remotes, electrical cords, lamps, smart lights, treadmills, smartwatches, heart
monitors, etc.

Leftover technology:
Today, a growing amount of e-waste is not considered only to be products that have stopped
working or become obsolete.

Technology is advancing at such a fast pace that a lot of electronic devices that still work fine
are the ones considered obsolete. The updated versions of the devices replace the older ones
which then become e-waste.

Harmful effects of e-waste:

Electronics contain toxic substances – therefore they must be handled with care when no longer
wanted or needed.
The consequences of improper e-waste disposal in landfills or other non-dumping sites pose
serious threats to current public health and can pollute ecosystems for generations to come.
When electronics are improperly disposed of and end up in landfills, toxic chemicals are
released, impacting the earth’s air, soil, water, and ultimately, human health.

Effects on Air quality:

Contamination in the air occurs when e-waste is informally disposed of by dismantling,
shredding, or melting the materials, releasing dust particles or toxins, such as dioxins, into the
environment that cause air pollution and damage respiratory health.
Chronic diseases and cancers are at a higher risk to occur when burning e-waste because it also
releases fine particles, which can travel thousands of miles, creating numerous negative health
risks to humans and animals.
The negative effects on air from informal e-waste recycling are most dangerous for those who
handle this waste, but the pollution can extend thousands of miles away from recycling sites

The air pollution caused by e-waste impacts some animal species more than others, which may
be endangering these species and the biodiversity of certain regions that are chronically
polluted. Over time, air pollution can hurt water quality, soil, and plant species, creating
irreversible damage to ecosystems.

Effects on Soil
When the improper disposal of e-waste in regular landfills or in places where it is dumped
illegally, both heavy metals and flame retardants can seep directly from the e-waste into
the soil, causing contamination of underlying groundwater or contamination of crops that may
be planted nearby or in the area in the future. When the soil is contaminated by heavy metals,
the crops become vulnerable to absorbing these toxins, which can cause many illnesses and
doesn’t allow the farmland to be as productive as possible.

Effects on Water
After soil contamination, heavy metals from e-waste, such as mercury, lithium, lead, and
barium, then leak through the earth even further to reach groundwater.

When these heavy metals reach groundwater, they eventually make their way into ponds,
streams, rivers, and lakes. Through these pathways, acidification and toxicity are created in the
water, which is unsafe for animals, plants, and communities even if they are miles away from
a recycling site. Clean drinking water becomes problematic to find.

Acidification can kill marine and freshwater organisms, disturb biodiversity, and harm
ecosystems. If acidification is present in water supplies, it can damage ecosystems.

Effects on Humans
Electronic waste contains toxic components that are dangerous to human health, such as
mercury, lead, cadmium, polybrominated flame retardants, barium, and lithium.
The negative health effects of these toxins on humans include brain, heart, liver, kidney, and
skeletal system damage. It can also considerably affect the nervous and reproductive systems
of the human body, leading to disease and birth defects.
Improper disposal of e-waste is unbelievably dangerous to the global environment, which is
why it is so important to spread awareness on this growing problem and the threatening
aftermath.

To avoid these toxic effects of e-waste, it is crucial to properly re-cycle, so that items can be
recycled, refurbished, resold, or reused.
Concerning global data on e-waste
1. 20 to 50 million metric tons of e-waste are disposed of worldwide every year

2. Cell phones and other electronic items contain high amounts of precious metals like
gold or silver.
3. A large number of what is labelled as “e-waste” is not waste at all, but rather whole
electronic equipment or parts that are readily marketable for reuse or can be recycled
for materials recovery.
4. Only 12.5% of e-waste is currently recycled.

5. E-waste leads to data theft hence adding to security woes.

E-waste and the 2030 Agenda for Sustainable Development

In 2015, the United Nations General Assembly adopted the Sustainable Development Goals
(SDGs) as an outline for the 2030 Agenda for Sustainable Development. In order to end
poverty, protect the planet, and ensure prosperity for all 17 goals and 169 targets were set to be
achieved in the next 13 years.
The environment is an integral part of each of the goals, with e-waste specifically linking to a
number of these targets. Increasing levels of e-waste globally pose challenges for the
implementation of the 2030 Agenda for Sustainable Development. Hence it requires an
efficient approach and coordinated action by the UN system to support the countries in their
efforts to manage their e-waste in a sustainable manner and to minimize the creation of e-waste.
SDG Target 3.9: By 2030, substantially reduce the number of deaths and illnesses from
hazardous chemicals and air, water, and soil pollution and contamination.

SDG Target 8.3: Promote development-oriented policies that support productive activities,
decent job creation, entrepreneurship, creativity, and innovation, and encourage the
formalization and growth of micro, small and medium-sized enterprises, including through
access to financial services.

SDG Target 8.8: Protect labour rights and promote safe and secure working environments for
all workers, including migrant workers, in particular, women migrants, and those in precarious
employment.
SDG Target 11.6: By 2030, reduce the adverse per capita environmental impact of cities,
including by paying special attention to air quality and municipal and other waste management.

SDG Target 12.4: By 2020, achieve the environmentally sound management of chemicals and
all wastes throughout their life cycle, in accordance with agreed international frameworks, and
significantly reduce their release to air, water, and soil in order to minimize their adverse
impacts on human health and the environment.

SDG Target 12.5: By 2030, substantially reduce waste generation through prevention,
reduction, repair, recycling, and reuse.
E-waste generation in India
According to the Central Pollution Control Board (CPCB), India generated more than 10 lakh
tonnes of e-waste in 2019-20, an increase from 7 lakh tonnes in 2017-18.
But the e-waste dismantling capacity has not been increased from 7.82 lakh tonnes since 2017-
18.

In 2018, the Ministry of Environment had told the tribunal that 95% of e-waste in India
is recycled by the informal sector and scrap dealers unscientifically dispose of it by burning or
dissolving it in acids.

E-Waste Management Rules, 2016

The Ministry of Environment, Forest and Climate Change (MoEFCC) notified the E-Waste
Management Rules, 2016 by replacing the E-waste (Management & Handling) Rules, 2011.
 Over 21 products (Schedule-I) were included under the purview of the rule. It included
Compact Fluorescent Lamp (CFL) and other mercury-containing lamps, as well as
other such equipment.
 For the first time, the rules brought the producers under Extended Producer
Responsibility (EPR), along with targets. Producers have been made responsible for the
collection of E-waste and its exchange.

 Various producers can have a separate Producer Responsibility Organisation(PRO) and

ensure collection of E-waste, as well as its disposal in an environmentally sound
manner.
 The 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.
 The role of State Governments has been also introduced to ensure the safety, health,
and skill development of the workers involved in dismantling and recycling operations.

 A provision of penalty for violation of rules has also been introduced.

 Urban Local Bodies (Municipal Committee/Council/Corporation) has been assigned
the duty to collect and channelize the orphan products to authorized dismantlers or
recyclers.

 Allocation of proper space to existing and upcoming industrial units for e-waste
dismantling and recycling.
 E-waste management is a great challenge for governments of many developing
countries such as India. This is becoming a huge public health issue and is exponentially
increasing by the day.
  To separately collect, effectively treat, and dispose of e-waste, as well as divert it from
conventional landfills and open burning, it is essential to integrate the informal sector
with the formal sector.
 The competent authorities in developing countries need to establish mechanisms for
handling and treatment of e-waste safely and sustainably.
 Increasing information campaigns, capacity building, and awareness are critical to
promoting environment-friendly e-waste management programs.
 More efforts are required on the improvement of the current practices such as collection
schemes and management practices to reduce the illegal trade of e-waste.
 Reducing the number of hazardous substances in e-products will also have a positive
effect in dealing with the specific e-waste streams since it will support the prevention
process.

Under the E-Waste Management Rules 2022 in India, responsibilities are distinctly assigned to
producers, consumers, and recyclers to ensure environmentally sound management of
electronic waste:

Producers have extended producer responsibility (EPR), which includes registering on the
Central Pollution Control Board (CPCB) portal, collecting e-waste generated from their
products, meeting prescribed recycling targets, and ensuring proper disposal or recycling of e-
waste. They must achieve EPR targets by purchasing EPR certificates from registered recyclers
or refurbishers and submit quarterly returns to the CPCB. Producers also are required to create
awareness about e-waste management through various media channels and comply with
authorization requirements from State Pollution Control Boards (SPCB).

Consumers, especially bulk consumers, are responsible for handing over their e-waste only to
registered producers, recyclers, or refurbishers. This ensures that the e-waste generated is
managed through legitimate and environmentally compliant channels.
Recyclers must register with the CPCB and obtain appropriate authorization from SPCB. They
are obligated to carry out e-waste processing, recovery, and environmentally sound recycling
or disposal as per the prescribed standards. Recyclers generate recycling certificates based on
the quantity of e-waste processed, which producers use to meet their EPR targets.
These regulations emphasize the accountability of each stakeholder to foster a circular
economy and reduce environmental harm from e-waste.

Producers
Producers (which include manufacturers, importers, and brand owners) have the primary
responsibility under the Extended Producer Responsibility (EPR) framework.

 Registration: Must register on the online portal developed by the Central Pollution
Control Board (CPCB).
 EPR Targets: Obtain and meet year-wise e-waste recycling targets, which must be
fulfilled through the purchase of EPR certificates from registered recyclers.
  Awareness: Create awareness among consumers about e-waste hazards and disposal
mechanisms through various means like media, publications, and advertisements.

 Hazardous Substances: Ensure that their products do not contain hazardous

substances like lead, mercury, and cadmium beyond the maximum prescribed
concentration.
 Record Keeping & Returns: Maintain records and file annual and quarterly returns
on the CPCB portal regarding the e-waste generated and their EPR fulfillment.

Responsibilities of Producers
 EPR & Registration: Register on the portal and implement EPR targets (collection,
recycling) via the Central Pollution Control Board (CPCB).

 Eco-Friendly Design: Ensure products don't contain hazardous substances (lead,

mercury, etc.) beyond limits.
 Take-Back & Awareness: Set up collection centers/take-back systems (including
Deposit Refund Schemes) and run awareness campaigns on proper disposal.
 Reporting: File quarterly and annual returns on the portal.
 Pre-treatment: Arrange for pre-treatment to reduce e-waste volume before disposal.

Consumers
Consumers and bulk consumers (any entity that has used at least one thousand units of EEE
in a financial year, including e-retailers) have specific duties to ensure proper disposal of their
end-of-life equipment.
 Channelization: Ensure that the e-waste generated by them is handed over only to
registered producers, refurbishers, or recyclers/dismantlers.

 No Mixing: Ensure that e-waste is not mixed with other household or general waste.
 Bulk Consumer Returns: Bulk consumers are required to maintain records of the e-
waste generated and file annual returns.

 Safe Handling: Prevent damage to the environment during the storage and
transportation of e-waste until it is handed over to an authorised entity.

Responsibilities of Consumers & Bulk Consumers

 Channelization: Ensure e-waste goes to authorized collection centers, dealers, or
producers, not mixed with general waste.
 Records (Bulk Consumers): Maintain records and file annual returns (though
simplified in the 2022 rules).

 No Radioactive Mixing: Prevent mixing with radioactive e-waste.

  Judicious Use: Use appliances wisely and avoid improper disposal (burning/throwing
in dustbins).

Recyclers
Recyclers (and dismantlers) are crucial for the actual processing of e-waste and are an integral
part of the formal e-waste management system.

 Registration & Authorization: Must register on the CPCB portal and operate their
facilities in accordance with standards and guidelines laid down by the CPCB.
 Environmentally Sound Management: Ensure that the recycling processes do not
have any adverse effect on human health and the environment.

 Material Recovery & Disposal: Segregate dismantled e-waste for recovery of

materials and ensure that non-recyclable residues are sent to authorised treatment,
storage, and disposal facilities (TSDF).
 EPR Certificates: Generate EPR certificates based on the quantity of e-waste recycled,
which producers can then purchase to meet their targets.
 Record Keeping & Returns: Maintain detailed records of all e-waste handled,
dismantled, and recycled, and file annual and quarterly returns on the portal.

Responsibilities of Recyclers & Dismantlers

 Authorization: Get authorization from the SPCB/CPCB to operate.
 Environmentally Sound Management: Dismantle and recycle using safe, approved
methods, including proper handling of refrigerants.
 Formalization: Support the formal recycling system and register on the CPCB portal.

 Credit Generation: Generate EPR certificates for recycled metals (gold, copper, etc.)
which producers can buy.
.

 They apply to every manufacturer, producer, refurbisher, dismantler and recycler.

 All manufacturers, producers, refurbishers and recyclers must register on the Central
Pollution Control Board (CPCB) portal.

 No entity shall carry out any business without registration and not deal with any
unregistered entity.
 Authorization has now been replaced by registration through the online
portal, and only manufacturers, producers, refurbishers, and recyclers require
registration.

 Schedule I is expanded, and now 106 Electrical and Electronic Equipment

(EEE) have been included under the extended producer responsibility
(EPR) regime.
 Producers of notified EEE have been given annual E-Waste Recycling
targets based on the generation from the previously sold EEE or based on sales of
EEE, as the case may be.

 Target may be made stable for 2 years, starting from 60% for the years 2023-2024 and
2024-25, 70% for the years 2025-26 and 2026-27, and 80% for the years 2027-28 and
2028-29 and onwards.
 Management of solar PV modules/panels/cells is added to new rules.

 The quantity recycled will be computed based on end products to avoid any false
claims.
 Provision for generation and transaction of EPR Certificate has been introduced.

 Provisions for environmental compensation, verification and audit have been

introduced.
 There is a provision for the constitution of a Steering Committee to oversee the
overall implementation of the rules.

 Provision for reducing hazardous substances in the manufacturing of

EEE mandates that every producer of EEE and their components shall ensure that their
products do not contain lead, mercury and other hazardous
substances beyond the maximum prescribed concentration.

 It also provides recognition and registration, skill development, monitoring and

ensuring the safety and health of workers involved in dismantling and recycling e-
waste.
Plastic Pollution

Plastic represents the latest contaminant in the marine environment as well as land
environment.

Plastic are bio-inert and are not expected to be toxic to animal in the conventional sense. Plastic
material tends to concentrate toxic and nontoxic organic material present in sea water at low
concentration like PCBs , DDT etc.

On land surface uncollected plastic waste causes choking of drains. Non degradable nature of
plastic will cause obstruction in ground water filtration so less recharge of ground water.

Microplastics

What are microplastics? How are they formed? What are their impacts on the
environment? What are the various initiatives taken to reduce their negative impacts?
Read further to know more.

Large plastic debris can be broken down into smaller pieces to create microplastics.
Microplastic has recently been discovered in the ice of the Arctic area, demonstrating its ability
to travel to any location in the world and posing numerous risks.
In a study carried out by a team of experts in the Netherlands, Microplastics—tiny plastic
fragments—were discovered for the first time in human blood. The scientists detected and
analyzed particles as small as 700 nanometers using currently available methods.

Each day studies are emerging reporting the presence of microplastics in different starts of
nature- the most recent being reported in the cloud water!

What are microplastics?

Microplastics

Microplastics, which are tiny fragments of plastic with a length of less than 5 mm (0.2 inches),
are produced as a result of plastic pollution and are found in the environment.

Cosmetics, synthetic garments, plastic bottles, and bags, as well as cosmetics, contain
microplastics. Several of these products easily travel via garbage and contaminate the
environment.

Microplastics can also be intentionally manufactured for use in products like exfoliating scrubs
and industrial abrasives.

Classification of microplastics

Depending on the source, they can be classified into two groups:

Primary microplastics

Particles that are directly released into the environment. They include plastic fibers used in
synthetic fabrics, plastic pellets used in industrial manufacturing, and microbeads used in
personal care goods (e.g., nylon).

Secondary microplastics

Secondary microplastics are those that result from the degradation of primary plastics. Some
examples of the larger fragments that degrade into microplastics are plastic bottles, bags,
fishing nets, and food packaging.
Microplastics can come from various sources, including:

 Personal Care Products: Microbeads, which are small plastic particles used in
exfoliating scrubs, toothpaste, and other cosmetics.

 Textiles: Synthetic fabrics like polyester and nylon release microfibers when washed,
which can end up in wastewater and subsequently in aquatic environments.

 Plastic Waste: Degraded plastic litter in the environment can fragment into
microplastics.

 Industrial Processes: Some industries use microplastic abrasives, which can enter the
environment during manufacturing processes.

 Tire Wear: The wear and tear of vehicle tires can release microplastic particles into the
environment.

Impact of microplastics

They impact the health of humans and the environment in different ways.

Impact on human health

 Drinking water and airborne dust are the most likely sources of human exposure to
microplastics (including treated tap water and bottled water)

 Microplastics can enter our stomach and then flow freely in bodily fluids like blood to
various organs and tissues of the body or become caught in the stomach and intestinal
walls and be eliminated from the body.

 A significant amount of plastic is not recycled and ends up in landfills. harm to human
health as a result. It negatively impacts the immune system, brain system, and
hormones, and has cancer-causing qualities.

 Red blood cells’ ability to carry oxygen can be hampered by the attachment of
microplastics to their outer membranes.

 The particles have also been found in the placentas of pregnant women, and pregnant
rats. They quickly enter the hearts, brains, and other organs of the developing foetuses
through the lungs.
  Microplastics have been shown to harm human cells in the lab, and air pollution
particles are already known to enter the body and contribute to millions of preventable
deaths each year.

 Children under the age of five are vulnerable to microplastic pollution.

On the marine ecosystem

 When marine species eat microplastics, they become lodged in their gastrointestinal
tracts and change how they feed.

 Fish are among the other creatures that are killed by microplastics before they reach
reproductive age.

 Reduced development and reproductive outputs arise from the starvation and mortality
caused by the accumulation of harmful polymers in the stomach.

 Magnify marine pollution is caused. Due to its water-repellent qualities, it acts as a

binding and transportation agent for heavy metals and organic contaminants.

On ecosystem

 Due to their small size, microplastics bypass wastewater filtration and treatment
procedures and end up in natural areas where they damage the food chain.

 This has significant negative effects on species around the world.

 In certain creatures, it causes stunted growth and behavioral changes.

 The viscera of dead sea birds, and reptiles like turtles, whales, etc. contain
microplastics.

 Plastics are persistent and slow to disintegrate in the environment, which allows them
to infiltrate food systems. Both bioaccumulation and biomagnification are possibilities.

 They transport harmful chemical substances that are naturally cancerous.

Initiatives Taken: Global Initiatives

G7 Summit: The Leaders’ Statement from the 2015 G7 meeting in Bavaria, Germany,
addressed the dangers of microplastics.
The IMO and FAO’s GloLitter Partnerships Programme aims to prevent and decrease marine
plastic litter from fishing and shipping.
2018 World Environment Day: The world leaders pledged to “Beat Plastic Pollution” and
completely phase out its usage at the event, which was hosted in India. This international effort
to address marine litter has gained the support of 30 nations, including India.

London Convention, 1972: The 1972 Convention on the Prevention of Marine Pollution by
Dumping Wastes and Other Materials was signed to regulate the disposal of garbage into the
ocean and to limit all sources of marine pollution.

The Plastics Pacts are business-led initiatives to restructure the value chain for plastic
packaging across all formats and goods. To put into practice workable ideas, they bring together
everyone from across the plastics value chain.2018 saw the debut of the first Plastics Pact in
the United Kingdom.

Global Partnership on Marine Litter (GPML): In response to a demand made in the Manila
Declaration, the GMPL was established during the 2012 Earth Summit. By the Manila
Declaration, 65 signatories reaffirmed their dedication to creating regulations to cut back on
wastewater, marine litter, and fertilizer-related pollution.

Initiatives in India

 Elimination of Single-Use Plastic: The Indian Prime Minister announced in 2019 that
the entire nation would be free of single-use plastic by 2022, with an immediate ban in
urban Delhi.

 Important Guidelines: According to the 2016 Plastic Waste Management Regulations,

each municipal entity is in charge of putting infrastructure in place for the collection,
processing, and disposal of plastic trash.

 Plastic Waste Management (Amendment) Rules of 2018 introduced the idea of

Extended Producer Responsibility (EPR)

 Un-Plastic Collective: The Confederation of Indian Industry, WWF-India, and UNEP-

India jointly announced the Un-Plastic Collective (UPC), a voluntary effort. The
Collective works to reduce the negative effects plastic pollution has on the ecological
and social well-being of our world.
Microplastic Pollution in News

 A study revealed microplastic pollution in the Arctic. This was transported via the wind.

 The study asserts to be the first to provide information on microplastic contamination

of snow.

 A typical person ingests at least 50,000 microplastic particles in food annually,

according to an estimate.

 Plastic contamination in the ocean is created. The International Union for Conservation
of Nature (IUCN) estimates that each year, at least 8 million tonnes of plastic enter the
oceans.

 11.6 to 21.1 million tonnes of small particles were detected in the top 200 meters of the
Atlantic, according to measurements.

 The average Indian consumes 11 kilograms of plastic products annually in a variety of

forms. It is still a problem even though it is far less than what an American or a Chinese
does.

 A study published recently has tracked the alarming heights plastic appears to have
scaled—a group of Japanese scientists found microplastics in clouds for the first time.
The report revealed that at least nine varieties of microplastics including polyethylene,
polypropylene, and polycarbonate had been found in the cloud water samples.

Measures Taken

 Local initiatives are necessary to reduce plastic pollution.

 Incentives for not using plastic are required, as well as a prohibition on microplastic in
cosmetics.

 Governments ought to work together and set quantifiable reduction goals for plastic
waste.

 The general people should be effectively mobilized against the usage of microplastics
by the media.

 The role of civil society in preventing the use of microplastics in the industry is crucial.
  Successful policies must prioritize punitive measures against offenders with steep fines
and jail time.

 The risk of microplastics must be reflected in the public consciousness.

 The production and distribution of plastics must be prohibited as the best way to combat
pollution.

 Waste segregation must be required to recover materials and significantly lessen the
environmental impact.

Future

 A combination of optical and biological degradation mechanisms has been suggested

for the efficient and thorough disintegration of microplastics.

 A new global treaty modelled after the Montreal Protocol and Paris Agreement is
necessary to address the problem of plastic waste on a global scale.

 Only if all nations and decision-making bodies decide to monitor microplastics along
their beaches and put orders into effect mandating the use of exclusively biodegradable
plastics will the world’s plastics problem be solved.

 Using less plastic can contribute to a reduction in the pollution caused by microplastics.

 To dramatically reduce the amount of trash found on beaches and in the waters, the
government, businesses, and the community must cooperate.

 Every citizen can help minimize microplastic pollution by taking personal measures
like zero-waste travel, forgoing disposable utensils in favor of their own, renouncing
the usage of bottled water, and giving up plastic packaging.

 Tax credits, R&D financing, technology incubation, PPPs, and funding for efforts that
recycle single-use items and turn waste into a resource are all examples of financial
support for recycling initiatives.

 To end the global microplastics crisis, the mantra should be “reduce, reuse, recycle.”

 To handle household garbage, open landfills, and open-air burning should be outlawed,
and completely collected and recycled used plastics utilized in their place.
  Promote bioplastics as a substitute for microplastics by making investments in the
sector and securing government funding, cutting the cost of production, and making it
more appealing to a range of sectors.

 It should be a top priority to raise public awareness of microplastic-derived items, their

negative effects, and effective strategies to limit their usage, similar to the Swachha
Bharat Mission (SBM).

Plastic Waste Management Rules

Salient Features of Plastic waste management & Handling rules

 Extended Producer Responsibility (EPR): Producers, importers, and brand owners

are responsible for collecting and managing post-consumer plastic waste (packaging).

 Bans on Single-Use Plastics (SUPs): Phasing out specific SUPs, including increasing
carry bag thickness and banning some sachets.

 Increased Thickness: Plastic carry bags must meet minimum thickness (e.g., 50, then
75, then 120 microns) to encourage reuse.

 Waste Segregation: Mandatory segregation of plastic waste at the source by generators

(households, institutions).

 Rural Applicability: Rules now apply to Gram Panchayats and rural areas, not just
urban centers.

 Collection & Recycling: Local bodies must ensure collection, recycling, and use of
plastic waste for road construction, energy recovery, etc..

 Accountability: Waste generators, retailers, and producers have defined

responsibilities for management and disposal.

 Awareness: Promoting public awareness and encouraging alternatives like reusable

bags.
Plastic Waste Management Rules, 2016:
The Plastic Waste Management Rules, 2016, mandate the generators of plastic waste to take
steps to minimise the generation of plastic waste, not to litter the plastic waste, ensure
segregated storage of waste at source & hand over segregated waste in accordance with rules.
The PWM Rules, 2016 cast Extended Producer Responsibility (EPR) on Producer, Importer,
and Brand Owner and EPR shall be applicable to both pre-consumer and post-consumer
plastic packaging waste.
Increased the minimum thickness of plastic carry bags from 40 microns to 50 microns and
stipulated a minimum thickness of 50 microns for plastic sheets.
Expand the jurisdiction of applicability from municipal areas to rural areas.
Responsibility for implementation of the rules is given to Gram Panchayat in rural areas.
Introduction of waste segregation at source for individual and bulk generators
Plastic Waste Management (Amendment) Rules 2018:
Phasing out of multi-layered plastic (MLP) (material used or to be used for packaging and
having at least one layer of plastic) is now applicable to MLP which are "non-recyclable, or
non-energy recoverable, or with no alternate use."
Prescribed a central registration system for the registration of the producer/importer/brand
owner of plastics.
The centralised registration system will be evolved by the Central Pollution Control Board
(CPCB) for the registration of the producer/importer/brand owner.
The rules aim to streamline the registration process for producers, importers, and brand
owners, while also providing a mechanism for phasing out non-recyclable multi-layered
plastics.
Plastic Waste Management Amendment Rules, 2021:
Prohibits identified single-use plastic items that have low utility and high littering
potential by 2022.
Prohibition of manufacture, import, stocking, distribution, sale, and use of certain single-use
plastic items including polystyrene and expanded polystyrene from 1st July 2022.
Plastic packaging waste not covered by the phase-out of single-use plastic items will be
collected and managed in an environmentally sustainable way through Extended Producer
Responsibility.
This responsibility is legally enforced through the Plastic Waste Management Amendment
Rules, 2021.
Increase in the thickness of plastic carry bags from 50 microns to 75 microns with effect from
30th September 2021, and to 120 microns with effect from 31st December 2022.
Plastic Waste Management (Amendment) Rules, 2022:
Introduced guidelines on EPR for plastic packaging. These guidelines set mandatory targets
for EPR, recycling of plastic packaging waste, reuse of rigid plastic packaging, and the use
of recycled plastic content.
Environmental compensation will be imposed on those who fail to meet EPR targets, based
on the polluter pays principle.
This is to protect and improve the environment, and prevent, control, and reduce pollution.
The principle holds polluters responsible for compensating for the damage caused to the
environment, regardless of their intent.
The guidelines provide a framework to strengthen the circular economy of plastic packaging
waste.

What is Plastic?

Plastic is defined as a material that contains an essential ingredient an organic substance of

large molecular weight. It is also defined as polymers of long carbon chains.

Carbon atoms are linked in chains and are produced in long-chain molecules.

Plastic was discovered by famous German chemist Christian Schonbein in 1846. Plastics
were actually discovered accidentally. Christian was experimenting in his kitchen and by
accident, he spilt a mixture of nitric acid and sulphuric acid. To mop that solution (a mixture
of nitric and sulphuric acid) he took a cloth and after moping he kept it over the stove. After
some time, the cloth disappeared and from their plastic got its name.

Introduction to Plastic

The word, plastic, was derived from the word ‘Plastikos’ meaning ‘to mould’ in Greek. Fossil
fuels have compounds containing hydrogen and carbon (hydrocarbon) which act as building
blocks for long polymer molecules. These building blocks are known as monomers, they link
together to form long carbon chains called polymers.