ENVIRONMENT LAW

ROUGH DRAFT
Name: Digaant Awasthi
Semester: 7th
Roll No.: 17051
Group No.: 12

Project topic: Bio Medical Waste Rules, 2016

Sub-topic: Role of technology in disposing bio waste

Abstract
The safe and sustainable management of biomedical waste (BMW) is social and legal
responsibility of all people supporting and financing health-care activities. Effective BMW
management (BMWM) is mandatory for healthy humans and cleaner environment. I shall be
reviewing the recent 2016 BMWM rules, practical problems for its effective implementation, the
major drawback of conventional techniques, and the latest eco-friendly methods for BMW
disposal. I shall be comprehensively looking into the technologies used to dispose off the bio
waste wiz., Chemical, thermal, biological, radioactive etc. Keeping in view the Covid-19
pandemic, I shall also be looking into the means and methods used to dispose covid-19 infected
hospital waste, and the challenges faced thereof.

A. Introduction
Biomedical Waste Situation in India
 In exercise of the powers conferred by section 6, 8 and 25 of the Environment (Protection)
Act, 1986 (29 of 1986), and in supersession of the Bio-Medical Waste (Management and
Handling) Rules, 1998, The Bio-Medical Waste Management Rules, 2016 came into force
that compel all hospitals, clinics, nursing homes, slaughter houses and laboratories to ensure
safe and environmentally sound management of waste produced by them.
 In India, BMW problem was further compounded by the presence of scavengers who sort out
open, unprotected health-care waste with no gloves, masks, or shoes for recycling, and
second, reuse of syringe without appropriate sterilization.
 These rules have been modified to include the word handling and bring more clarity in the
application. In addition, strict rules have been made to ensure no pilferage of recyclables
item, no secondary handling or in advent scattering or spillage by animals during transport
from the HCFs to the common BMW treatment facility (CBMWTF).
 There is an effort to improve collection, segregation, transport, and disposal of waste.
 The role of incinerator in increasing environmental air pollution has been checked by issuing
new standards for incinerators and improving its operations.
International provisions
There are three international agreements and conventions which are particularly pertinent in
BMWM:
 Basel Convention on Hazardous Waste – It is the most inclusive global environmental treaty
on hazardous and other wastes; It has 170 member countries
 Stockholm Convention on Persistent Organic Pollutants (POPs) – It is a global treaty to
protect human health and the environment from POPs (POPs – dioxins and furans)
 Minamata Convention on Mercury – It is a global treaty to protect human health and the
environment from the adverse effects of mercury.
Jurisprudential aspect
 B.L. Wadhera v. UOI, 1996 (pioneer case of bio waste management)

 Karnataka and Others v. B. Krishna Bhat and Others214

 Satish Chaturvedi S/o S. Chaturvedi v. State of U.P. through the Chief Secretary and
Ors.
 Oil Country Tubular Ltd. v. A.P. Pollution Control Board and Anr
 M.C. Mehta v. UOI, 2020 (Covid-19 case)
B. Salient provisions of BMWM Rules, 2016
 The scope of the rules has been expanded to include various health camps such as
vaccination camps, blood donation camps, and surgical camps.
 Duties of the occupier of a HCFs have been revised, for e.g., The use of chlorinated plastic
bags, gloves, blood bags, etc. should be gradually stopped and this phasing out should be
within 2 years from the date of notification of these rules.
 The segregation, packaging, transportation, and storage of BMW have been improved.
 Ministry of Environment, Forest, and Climate change will monitor the implementation of
rules yearly.
 The responsibility of each state to check for compliance will be done by setting up district-
level committee under the chairpersonship of District Collector or District Magistrate or
Additional District Magistrate.
C. Technology for Biomedical Waste Disposal
The various new technologies for BMW disposal are categorized into four groups:
 Thermal processes are grouped into three – low, medium, and high.
 Chemical based technology; The chemical-based technology can be divided into chlorine-
and nonchlorine-based systems.
 Ionizing radiation processes, and
 Biological processes (Bio convertors)