Plastic Waste In India - Assessing The Efficacy Of Environmental Laws And Judicial Responses
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PLASTIC WASTE IN INDIA: ASSESSING THE EFFICACY
OF ENVIRONMENTAL LAWS AND JUDICIAL RESPONSES
Lakpa Doma Rumba, Assistant Professor of Law, Indian Institute of Legal Studies, Siliguri
ABSTRACT
The pollution caused by plastic has become a significant environmental problem on a global scale, and India is not an exception to this trend. Substantial environmental and health consequences have been brought about as a consequence of the nation's fast urbanization, demographic growth, and heavy reliance on products made of plastic. A multitude of precautions and regulations have been put into place by the Indian government in response to the growing problem of plastic waste, with the goal of preventing and controlling the associated risks. In this study, the researcher will concentrate on the meaning and origins of plastic pollution, as well as the influence that it has on the destruction of the environment.
Despite the fact that major rules and regulations have always been a part of the national legal structure of countries and that various treaties have been signed, the damage that is caused by plastic waste is irreparable. Keywords: Environment, Plastic Pollution, Laws, Prevention, Risks
CHAPTER I - INTRODUCTION
Environmental quality has been deprioritised in favor of developing goods in the pursuit of rapid industrial expansion. Owing to significant land degradation, water and air pollution, the rapid expansion of slums, and population growth, we are presently advancing towards irreversible environmental destruction, despite the Supreme Court's recent pronouncements aikmed at environmental enhancement. Environmental protection constitutes a significant challenge that jeopardizes our fundamental survival; nonetheless, the existing administrative and institutional framework is inadequately prepared to address it. To meet the issue, a novel environmental ethic is necessary. 1 The persistent degradation of environmental quality undermines the fundamentals of human survival, a truth we can no longer ignore.
The growing awareness of environmental threats to human survival has prompted many individuals globally to recognize that if we do not protect and preserve our planet for future generations, we will be remembered as the sole species that observed its own demise without genuine concern. Consequently, environmental protection has emerged as our foremost concern and a highly contested topic of the contemporary period. The ongoing environmental degradation is attributable to technical development, industry, and urbanization associated with modern living. The modern scientific and technological revolution has profoundly altered the interaction between humanity and nature. It has been aptly stated that humanity is nature's greatest promise and most formidable adversary. 2
CHAPTER-II THE CONCEPT OF ENVIRONMENT AND POLLUTION
Environment The dictionary meaning of the word ‘environment’ is a surrounding; external conditions influencing development or growth of people, animal or plants; living or working conditions; etc.3 The term ‘environment’ encompasses the sum total of conditions and influences that affect the
1 I.A. Khan, Enivronmental Law 3 (Central Law Agency, Allahabad, 2002).
2 V.R. Krishna Iyer, Environmental Pollution and the Law 93 (Vedpal Law House, Indore, 1994).
3 Savindra Singh, Environmental Geography 15 ( Prayag Pustak Bhawan, Allahabad, 1995).
development and survival of an organism or group of organisms. 4 In fact environment is an inseparable whole and is constituted by the interacting systems of physical and biological elements which are interlinked individually as well as collectively in myriad ways. Physical elements (space, land forms, water bodies, climate, soils, rocks and minerals) determine the variable character of the human habitat, its opportunities as well as limitation. Biological elements (plants, animals, micro- organism and mass) constitute the biosphere. The environment pollution means the presence in the environment of any environment pollutant. 5 Environmental pollution refers to the diverse means by which humans degrade their surroundings.
Individuals pollute the environment with emissions and tobacco, poison water with chemicals and other agents, and ruin the soil via the overuse of fertilizers and pesticides. It is among the most urgent challenges facing humanity today. The urban industrial technological revolution, the rapacious and quick exploitation of natural resources, the increased exchange of matter and energy, and the growing production of consumer goods, urban effluents, and industrial waste are all widely recognized to be the direct causes of pollution. Human existence has undergone a radical change as a result of science and technology. Human comfort has increased as a result of modernization. With the use of modern communication tools, one may now communicate, move more quickly, and send messages to far-off places.
Industrialization has expanded cities out of villages, bringing with it its own set of consequences. Businesses nowadays produce hazardous fumes and industrial waste that endanger public health. To put it another way, industrial waste and the toxic emissions produced by modern cars and industrial facilities expose people to air and water pollution. Plastic Plastic invented in 1907 by Leo Baekeland6 refers to a category of synthetic or semi-synthetic materials predominantly derived from polymers, which are big molecules formed by repeating units known as monomers. The primary attribute of plastic is its plasticity, which allows it to 4Shyam Divan & Armin Rosencranz, Environmental Law and Policy in India 35 (New Delhi: Oxford University Press, 2nd edn. 2001).
5 The Environment Protection Act, 1986 (Act 29 of 1986), s. 2(c).
Am. Chem. Soc., Bakelite: The World’s First Synthetic Plastic, available at, http://www.acs.org/content/acs/en/education/whatischemistry/landmarks/bakelite.html (last visited June 20, 2025).
be molded, extruded, or pressed into many shapes and forms while in a softened state, thereafter hardening to maintain that configuration. The majority of plastics originate from petroleum or natural gas, while several types are increasingly produced from renewable resources. They possess lightweight, resilient, flexible, and chemical-resistant properties, rendering them extensively utilized in packaging, construction, healthcare, electronics, and several other industries. Plastic Pollution Plastic pollution denotes the aggregation of plastic materials in the environment, which negatively impacts animals, ecosystems, and human health.
Although plastics have transformed contemporary existence utilized in many applications from mobile devices and computers to bicycle helmets and hospital IV bags their resilience and affordability have resulted in extensive single-use consumption and inadequate disposal practices. Consequently, plastics endure in landfills, streams, and seas, posing threats to wildlife and destabilizing entire ecosystems. The prevalence of plastic pollution is directly associated with the ease and costeffectiveness of plastics, leading to their over utilisation and subsequent trash. Human activities on land and at sea contribute to the massive and ongoing input of plastic pollutants into aquatic ecosystems, resulting in both direct and indirect harm to ecosystem structure, function, and the essential services they offer.
Plastic pollution is acknowledged as a critical human problem that endangers coastal and marine ecosystems worldwide. 7
CHAPTER III - PLASTIC POLLUTION IN INDIA
Plastic has emerged as a preferred material due to its cost-effectiveness and durability, particularly in developing nations like India. The proliferation of plastic has surged dramatically over the past few decades, with virtually no household in India remaining free of plastic products. India being ahead of all the countries in terms of population and economy the use of plastic and plastic pollution is irreversible. In the annual report of The Central Pollution Control Board (CPCB) of 2020-2 indicated that India produced around 4,126,997 tonnes of plastic waste during that year. The emphasise that the per capita plastic waste generation in India during this 7 G.G.N. Thushari & J.D.M. Senevirathna, "Plastic Pollution in the Marine Environment", 6(8) Heliyon 1 (2020).
period reached 3. 07 kilograms per person per year, reflecting a nearly twofold increase over the past five years. Delhi, Goa, and Telangana exhibited the highest per capita generation of plastic waste, whereas Sikkim, Meghalaya, and Tripura recorded the lowest levels. This data highlights the escalating challenge of managing plastic waste in India, indicating both rising consumption levels and the necessity for more effective waste management systems. 8 The rise in the amount of plastic consumption in India has directly affected the environment significantly. The factor like extreme durability and non-biodegradable has led to severe cumulation of plastic waste not only in lands but every overseas as well making it a transboundary problem. The consumption of plastic and its improper disposal pollutes rivers, oceans, and land making it a severe sanitisation and environment hazards.
The river Ganga also known as the holy river of India are among the world's most plastic polluted waterways. Ganges, 2500km long journey from Gangotri Glacier till the Bay of Bengal making it the easy passage for dumping all kinds of waste including the plastic waste in various forms like macro, meso and micro plastic debris posing a serious impact on the people as well as the aquatic plants and animals. Consequences of Inadequately Managed Plastic Waste on the Environment and Public Health
1. Environmental Deterioration: Plastic garbage impedes aquatic ecosystems and urban
drainage systems, intensifying flooding problems in major metropolitan regions. Plastic pollution profoundly affects ecosystems; almost 80% of the marine debris along India’s beaches is composed of plastic. Numerous creatures erroneously ingest plastic garbage, perceiving it as sustenance, resulting in possibly lethal outcomes for marine species.
2. Microplastics in Agriculture and Water Sources: Research indicates that microplastics
are present in large numbers in tap water samples across India, and they are permeating agricultural soils through polluted irrigation water and wastewater sludge. This poses a significant threat to food safety and soil health. 8 Central Pollution Control Board, “Annual Report 2020-21 on Implementation of Plastic Waste Management Rules, 2016 (as amended) 1–3 (2021)” (Ministry of Environment and Climate Change, 2016).
3. Health Hazards: The widespread open incineration of plastics substantially exacerbates air
pollution, releasing deleterious substances such as dioxins, furans, and PCBs. The correlation between these deleterious substances and significant health difficulties, including respiratory diseases, cancer, and reproductive disorders, is extensively demonstrated. In metropolitan locales like Delhi, where air quality presents considerable public health issues, the incineration of plastics intensifies the situation. Bisphenol A (BPA) and phthalates, two harmful chemicals that are recognized endocrine disruptors that have been connected to a number of health concerns, including hormone imbalances, reproductive troubles, and developmental abnormalities, can seep out of plastics. Concerns regarding chronic exposure and possible longterm health repercussions for humans have been raised by the discovery of microplastics in drinking water, seafood, table salt, and even the air.9
4. Harm to Wildlife: Plastic pollution has a significant negative impact on marine and
terrestrial wildlife. Mistaking plastic objects for food, animals frequently consume them, which can result in choking, intestinal obstruction, undernourishment, and even death. Because plastics may entangle or be swallowed in vast amounts, marine life, including fish, seabirds, and turtles, is particularly vulnerable. Many marine and terrestrial species' bodies now include micro plastics, which are microscopic pieces that are produced when bigger plastic objects break down. This poses a hazard to food webs and biodiversity.
5. Socioeconomic Consequences: Municipal waste management systems are overwhelmed by
the ever-increasing volume of plastic trash, which causes operational difficulties and drives up expenses. The tourism industry, fisheries, and agriculture are all impacted by environmental deterioration and trash caused by inadequate collection and disposal facilities. Many people rely on the informal recycling sector for their living, yet employees are frequently subjected to dangerous working conditions and harmful pollutants produced by burning plastics.
6. Climate Change Contribution: Emissions of greenhouse gases, which worsen global
warming, are a result of both the manufacturing and burning of plastics. A great deal of pollution, including carbon dioxide, is released into the air as a result of the energy-intensive 9 United Nations Environment Programme, Single-Use Plastics: A Road map for Sustainability (2018), available at https://www.reloopplatform.org/wp-content/uploads/2018/06/UNEP-report-on-single-use-plastic.pdf. (last visited June 20, 2024).
recycling and disposal procedures, as well as the extraction and processing of fossil fuels used to make plastic.
CHAPTER IV - LEGAL FRAMEWORK ADDRESSING PLASTIC POLLUTION:
NATIONAL AND INTERNATIONAL PERSPECTIVE
International Legal Framework International community has also taken various steps in recognising plastic as a one of the most used and harmful pollutants. Several agreements and soft law have been agreed by various international community to reduce the use of plastic all around the world.
1. The Stockholm Declaration of 1972 is one of the most important milestone in promoting
right to healthy environment as a significant part of human rights. It also laid down various principles with respect to contemporary issues of environmental crisis including plastic pollution. It also led to various treaties to consider by the global nation with regards to single use plastic and numerous countries putting a ban on usage of plastic.
2. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
(1989)10 amendment on 2019 lays special emphasis on plastic waste and its hazards placing a new obligation to all the global nations to put a control on export and import of plastic goods and its responsibility for proper disposal.
3. The United Nations Convention on the Law of the Sea (UNCLOS) makes the states
obligatory under articles 192 and article 194 which lays down the duty of states to protect and preserve the Sea from any harmful pollutant including plastics. The articles also obligates the states to prevent, reduce and control the marine pollution land base resources.
4. United Nations Environment Assembly (UNEA) in 2022 historically 175 nation approved
Resolution 5/14 to voluntarily limit the usage of plastic and address the plastic pollution as a global issue impacting marine life, public health and hinders sustainable development. The resolution prioritise the focus on the plastic’s life cycle from manufacturing to till disposal, 10 The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes (1989), available at https://www.basel.int/theconvention/overview/tabid/1271/default.aspx (Last visited on June 20th, 2025).
reduction of single use plastic and understanding the harmfulness of micro plastic. The resolution focuses on effective waste management, building proper infrastructure to recycle. National Legal Framework
1. The Indian Constitution, as the paramount legal framework, has a strong commitment to
environmental conservation through various articles. The Preamble of the Constitution asserts that the State is obligated to achieve the fundamental objective of socialism, namely, to ensure a respectable level of life for all, which is attainable in a pollution-free environment including the environment free from plastic waste. Therefore, to establish a socialistic societal framework, the critical element of environmental preservation must not be disregarded. Part III of the Indian Constitution addresses basic rights. Furthermore, these rights are enforceable in a court of law. The Supreme Court has frequently determined that a clean environment is vital for enhancing the quality of life.
The Supreme Court has consistently ruled that the “right to life is a fundamental right under Article 21, encompassing the right to access pollution-free water and air for the complete enjoyment of life. ” It also said that “should any factor jeopardize or diminish that quality of life in violation of laws, a citizen is entitled to invoke Article 32 to address the pollution of water or air, which may adversely affect the quality of life. ”11 In the case of Susetha12 it was held that the right to water is enshrined as part of right to life under Article 21 and the same has been recognising in Articles 47 and 48A. Article 51-A makes it a fundamental duty of every citizen to protect and improve natural environment including forests, lakes, rivers and wildlife.
2. The Environment Protection Act 1986 is a umbrella legislation to take measures to prevent
and protect the environment from getting polluted including the plastic pollution and use sustainable so that the resources are saved for future generation. This Act also held liable and punish the person or any organisation who by any action makes environment pollution.
3. Plastic Waste Management Rules 2016 - India's regulations for handling plastic waste are
founded on the Plastic Waste Management Rules established in 2016. These rules aim to minimize health and environmental risks associated with plastics. The Ministry of
11 Virender Gaur v. State of Harayana AIR 1995 2 SCC 577
12 Susetha v. State of Tamil Nadu AIR 2006 SC 2893
Environment, Forest, and Climate Change has established guidelines that incorporate Extended Producer Responsibility (EPR). 13 Ø Manufacturers, importers, and brand owners hold the responsibility for collecting plastic waste. Ø They must ensure recycling processes are in place. Ø The disposal of plastic trash should be environmentally friendly. The restrictions impact numerous groups, including those involved in waste generation, local authorities, producers, manufacturers, importers, brand owners, and companies handling plastic waste management. Restrictions are in place regarding the following activities: • Making plastic carry bags less than 50 microns thick. • Importing such bags - Stocking these bags • Distributing them -Selling them • Using them Plastic sachets for storing or selling gutkha, tobacco, and pan masala are also prohibit.
Local governments must ensure the necessary infrastructure for the separation, collection, storage, transportation, processing, and disposal of plastic waste. Ensure recyclables are sent to registered recyclers. Non-recyclables should be handled according to the regulations established by the Central Pollution Control Board. • Biodegradable and recycled plastics must be labeled • Makers and processors are required to report annually • Open burning of plastic trash is prohibited Recent changes have increased the difficulty of using single-use plastics, strengthened EPR duties, and simplified compliance with the 13 Plastic Waste Management Rules 2016, available at https://cpcb. nic. in/uploads/plasticwaste/Notification-12- 08-2021. pdf (Last visited on June 21st 2025).
rules. • The Plastic Waste Management Rules, 2016, outline responsibilities for all stakeholders. • They promote recycling and eco-friendly alternatives. • Compliance with the regulations is emphasized for everyone involved. India stands out as a front runner in the management of plastic waste within developing economies.
CHAPTER- V JUDICIAL INTERPRETATION IN THE CRISIS OF PLASTIC
POLLUTION
The role of judiciary in interpreting the meaning of the plastic and gravity of plastic pollution is very significant.
1. In the case of Vellor Citizens Welfare Forum14 raised through public interest litigation in the
supreme court through its judgment emphasise the fight against plastic pollution. It was mentioned that the plastic pollution is caused by several unchecked discharge of effluents in water from Industrial waste and human dumping waste in water bodies causing severe environmental degradation making the water resources unfit for consumption, contaminating large number of land unsuitable for agricultural and the produce of cultivation harmful for consumption. Understanding the urgency of the matter Supreme court invoked two principle for the prevention of the environment pollution of any kind. • Precautionary Principle requires the governments to think ahead,stop, and fight the things that degrades the environment.
• Polluter Pay Principle requires that those responsible for pollution bear the cost of managing it, including compensation for affected communities and the restoration of damaged environments.
2. In the case of Eco-watch India15 the National Green Tribunal (NGT) heard a case called on
14 Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
15 Eco-watch India v. Hindustan Unilever Ltd NGT O.A. No. 56/2018
how to deal with plastic trash. The main point was that firms weren't following the EPR rules in the Plastic trash Management Rules. The NGT told the government to make sure that the regulations are followed more strictly and that producers are held more responsible for handling plastic trash. This case is important for figuring out how the courts in India are interpreting and implementing EPR-related laws.
3. In this pivotal judgment given in the case of Indian Council for Enviro-Legal Action
(ICEA)16, the Supreme Court of India acknowledged the need of regulating industry.responsible for the garbage they produce. The case largely addressed industrial pollution, with the Court underscoring the "Polluter Pays Principle," which subsequently impacted India's strategy for Extended Producer Responsibility (EPR) and plastic waste management. The ruling established a precedent for subsequent lawsuits concerning corporate accountability in waste management and environmental safeguarding.
CHAPTER- VI CHALLENGES AND WAY FORWARD
CHALLENGES
1. Lack of awareness among people: In India people are still not aware about the intensity of
damage the plastic is doing to the environment . Even though there are various laws and rules people still try to ignore it for their own convenience. Lack of public participation to engage in minimising the use of plastic is seen very less . It is the legal and moral duty of the citizen to protect the environment at all cost however most of the citizen are using single use plastic and throwing the waste without any segregation made Which leads to improper waste management in the first level itself . The solution to plastic waste will much be manageable if the citizen actively participate in preventing and minimising the use of plastic and focus on reduce and recycle the plastic.
2. Lacuna in implementation of laws: Although India have come far away in addressing
various environment pollution including plastic pollution however due to weak implementation and monitoring of laws have made the approach towards plastic pollution less effective . Including the regulations like the Plastic Waste Management Rules, 2016 and other court orders offer a solid regulatory basis, their effectiveness is lessened by a lack of infrastructure 16Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 3 SCC 212.
for enforcement and monitoring. Numerous local organizations lack the technical know-how, funding, and skilled staff necessary to enforce and monitor compliance, which results in numerous infractions and the careless disposal of plastic garbage.
3. Improper Waste Management: Waste pickers, tiny recyclers, and unlicensed aggregators
make up a large part of India's informal waste management industry, which is responsible for a considerable amount of plastic waste management. Despite the vital role these individuals and organizations play in recycling, inefficiency, health risks, and environmental dangers arise from a lack of official recognition, training, and integration into official waste management systems. The inability to properly treat non-recyclable plastics is a common problem in informal operations, which often results in unlawful dumping or open burning.
WAY FORWARD
An historic chance to tackle these concerns has presented itself with the impending Global Plastics Treaty, which is now being negotiated by the United Nations Environment Assembly (UNEA). If the treaty is finalized, it has the potential to create enforceable reduction objectives for plastic production, usage, and waste management; standardize definitions and standards; and create legally binding duties. International collaboration, accountability, and regulatory deficiencies might all be filled in this way. Better financing, capacity-building, and the use of technology for monitoring and reporting are ways to boost enforcement mechanisms at the national and local levels. Training, social security, and recognition can help the informal sector become part of the official waste management system, which in turn can increase recycling rates and improve livelihoods.
In order to decrease the use of single-use plastics, it is crucial to increase public education campaigns and provide incentives for behavioral change. Strict punishments for infractions and incentives for innovation in environmentally friendly alternatives are necessary to bring industries up to speed on transparency and compliance. To summarize, there needs to be a unified global framework to make sure that all nations are making ambitious and consistent efforts to tackle plastic pollution. Strong and effectively enforced laws are also necessary, as are inclusive and integrated waste management systems, educated and involved citizens, responsible businesses, and most importantly, a united front in the fight against plastic pollution.
CHAPTER VII - CONCLUSION
The environment and public health in India are gravely threatened by plastic pollution. Legal, regulatory, and enforcement hurdles have prevented the EPR framework from reaching its full potential, despite the fact that it provides a viable answer. There has to be more progress on corporate accountability, while the courts has been essential in defining the legal framework. India can lessen the effects of plastic pollution and make progress towards a sustainable future with stricter enforcement, more transparent legislation, and more cooperation amongst relevant parties.