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An Environmental Irony
Abstract
Since last few decades, the environmental challenges have been garnering severe
attention from all the masses around the globe and have affected the political,
social, legal as well as economical aspects at a considerably large scale. The
environmental threats such as biomedical waste, textile waste, food waste, etc. have
been hampering and posing threats to the living beings. An error in segregating and
dumping the biomedical waste can taint the groundwater resources and may also
pollute the air we breathe in. Several atmospheric discharges such as Nitrogen and
Sulphur Oxide from the furnaces of the textile mills pose a threat to the workers and
the environment. Only few of us contemplate the role played by the food waste in
imposing grievous damage to the environment by the Methane gas which is
released after it decomposes. Apart from the individuals, the corporate
organizations have also played a major role in endangering the natural resources as
well as the environment. This paper showcases the disproportionate penalties paid
by the huge corporate organizations in lieu of the actual damage caused to the
environment. The plight of the environment has been relieved through various
national laws, international laws and policies. In some parts of the world, the
mitigating policies have been implemented at a rapid pace while the other part still
struggles for justice and environment friendly policies. This paper aims to highlight
the role of the legislature and the judiciary in the evolution of the laws and policies
pertaining to the environment.
Keywords: Environment, threats, biomedical waste, food waste, textile waste, laws,
penalties.
1. Introduction
The idea of environmental protection has been acknowledged since the prehistoric
civilization. It is nearly impossible for human beings to develop and flourish while
letting our environment die. Currently, we are living in a modern age which
consists of innovative technologies in every sphere of our respective lives. On the
other side of this development, there exist several hazardous situations with no
2. Textile Waste
“Globalization has made it possible to produce clothing at increasingly lower prices,
prices so low that many consumers consider this clothing to be disposable.” 1 The
growth in technology has caused a sudden rise in the production of the products
which has lead to resource depletion and mismanaged disposal of the waste. “With
global textile consumption estimated to be more than 30 million tons a year, the
issue of environmental consequences of textile production is important. The full
environmental impact of any textile product may be broken down into those
associated with its production, its maintenance, and its eventual disposal. In
addition, it seems that the environmental impacts of usage and maintenance of the
textile products are often neglected by both the textile industry and the
consumers.” 2
2.1. Types of textile waste
“Like all wastes, textile waste originates from a number of streams including the
fiber, textile and clothing manufacturing industry, consumers, the commercial and
service industries.” 3
1. Pre-consumer textile waste: “Pre-consumer textile waste is the manufacturing
waste that is generated by processing fibers, (natural or synthetic) and the
production of finished yarns and textiles, technical textiles, nonwovens,
1
Claudio L, Waste couture: environmental impact of the clothing industry. Environ Health Perspect 115: A448
- A454, (2007).
2
Hsiou-Lien Chen and Leslie Davis Burns, Environmental Analysis of Textile Products, Volume 24, Clothing
& Textile Research Journal, Page number 248-261, July 2006
3
Caulfield K, Sources of textile waste in Australia, Apical International, Australia, (2007).
4
Chavan RB, Environmental Sustainability through Textile Recycling. J Textile Sci. Eng S2: 007 (2014).
5
Ibid.
6
Ibid.
7
OECD, Extended producer responsibility: A guidance manual for governments Paris, France (2001)
8
Thomas Lindhqvist, The concepts of extended producer responsibility and product, USA (1993)
“In India, the textile research associations such as ATIRA, BTRA, MANTRA,
NITRA, SASMIRA, and SITRA have developed norms for manufacturing, which
indicate the desirable usage of resources such as water, labor, electricity and
common chemicals like caustic soda and hydrogen peroxide per kilogram of fabric
weight processed. These norms are not imposed legally but member mills are
encouraged to follow them as closely as possible and this has brought a more
professional approach to the overall management of various operations.” 10
3. Biomedical Waste
“Efficient handling and management of medical waste is a major problem globally
because of growing populations and increasing medical attention at various health
facilities that are generating more and more waste in the environment. More than
half of the nations of the world, at the least, are experiencing environmental
challenges associated with waste disposal. Unlike hazardous industrial waste which
is normally encountered outside urban settlements, biomedical waste is relatively
closer to residential zones due to the location of clinics, pharmacies, and hospitals in
the heart of many cities.” 11
Biomedical waste is caused mainly by health care institutions like hospitals,
veterinary hospitals, nursing homes, blood banks, research institutions, and clinics.
These were the primary sources from which these biomedical wastes are generated.
The secondary sources are the industries, households, education institutions and
9
RB Chavan, Indian Textile Industry – Environmental Issues, Indian Journal of Fibre & Textile Research, Vol.
26, Page No 11-21, 2001
10
Ibid
11
Bamidele T. Odumosu, Biomedical Waste: Its Effects and Safe Disposal, Oct 2015.
4. Food Waste
One-third of approximately of all the food produced for consumption in the world
is wasted. Due to such wastage of food, an opportunity for global food security to
improve is missed and also to reduce the impacts on the environment. Although
now there is wide recognition for implication on the environment by the production
of food, there has been no nationalized study or report which has analyzed from an
environmental perspective due to wastage of food.
“Food waste that ends up in landfills produces a large amount of methane- a more
powerful greenhouse gas than even CO2. For the uninitiated, excess amounts of
12
B. Ramesh Babu , A.K. Parande, R. Rajalakshmi, P. Suriyakala, M. Volga, Management of Biomedical
Waste in India and Other Countries: A Review, JIEAS, Vol. 4 (1): 65-78 (2009)
13
Madhukar M, Himabindu P. A, Udayashankara T.H, A Critical Review on Biomedical Waste and Effect of
Mismanagement, IJERT, ISSN: 2278-0181Vol. 4 Issue 03, March-2015
14
Dr. S Parameshwari, Impact of food waste and its effect on environment, IJFSN, Volume 2, Issue 4, Page No.
184-187, July 2017.
15
Food Wastage Footprint - Impact on natural resources, Summary Report, FAO.
16
Chandra Bhushan, Srestha Banerjee and IkshakuBezbaroa, Green Tribunal, Green Approach: The Need for
Better Implementation of the Polluter Pays Principle, Centre for Science and Environment, 2018.
17
Himanshu Choudhary, Interpretation of Polluter Pays Principle (PPP) In India, Legal Services India.
6. Penalties
6.1. Water pollution
• The Air Act and Water Act provide that any person or company who fails to
obey a closure order is liable to get imprisonment for a term of minimum one
and a half years and maximum up to six years and a fine. If the breach
18
Ibid at 6.
19
Laksheyender Kumar, Fundamental Principles of Environmental Protection, Legal Services India.
• The structure and penalties under the Air Act are similar to those under the
Water Act.
6.3. Waste
• The Environmental Protection Act, 1986 and many rules adopted under it as
the waste rules, provides only one type of punishment. Any breach of rules is
punishable with imprisonment up to five years, or fine up to Rs 100,000, or
both.
• The NGT can always impose much higher penalties on companies for non-
compliance with their orders. If a company fails to obey any of their orders or
award, the company is liable for fine up to Rs 25 million and an extra-fine up
to Rs 100,000 every day.
20
Desai A, Formulating an FM strategy for climate change mitigation and adaptation of commercial built
assets, PhD thesis, University of Greenwich, UK, 2012.
21
Vishal Gupta, Naseem Abidi, Tarun Bansal, and Reshu Kumar Jain, Green Supply Chain Management
Initiatives by IT Companies in India, Vol. XII, No. 2, The IUP Journal of Operations Management, 2013.
22
Arnold Tukker, Life Cycle Assessment as A Tool In Environmental Impact Assessment, Environmental
Impact Assessment Review 20 435–456, (2000).
23
Earth Link And Advanced Resources Development, Environmental Impact Assessment, Catholic Near East
Welfare Association, March 2004.
24
Harish Salve, Justice Between Generation: Environment and Social Justice, in SUPREME BUT NOT
INFALLIBLE: ESSAYS IN HONOR OF THE SUPREME COURT OF INDIA 360, 366
25
The National Green Tribunal Act, No. 19 of 2010, INDIA CODE (2010), vol. 19 (2010)
26
Har Govind, Recent Developments in Environmental Protection in India: Pollution Control, Vol. 18,
AMBIO, No. 8, pp. 429-433, 1989
9. Conclusion
Since a long time ago, we have seen people arguing over choosing between
conservation and development. While development is obligatory for the transition
of our nation, conservation is also needed to safeguard the resources for future
generations. Certainly, we are going to fail our future generations because we
would never be able to establish an admirable benchmark for them. They would
look back at the burning environment and vulnerable humans. Thus, there is a
critical situation where all of us need to preserve the environment and fulfill our
duty as an awakened citizen to prevent it from getting wrecked. Sustainable
development is one of the bright ways to conserve the resources by striking
equilibrium between development and environmental protection. Let the
environment breathe. And, let us all together make a pact to conserve more and
damage less.