LEGAL ANALYSIS OF E-WASTE MANAGEMENT IN INDIA

RESEARCH NOTE SUBMISSION

 ABSTRACT

“When science and technology are increasingly employed in producing goods and services
calculated to improve the quality of life, there will be certain element of hazard and risk inherent
in the very use of science and technology”1

It is challenging to define "e-waste" precisely because of how quickly technology is evolving with
each breath we take. It might refer to everything from the most unusual to the most typical item we
use on a daily basis.  Since 2011, India has had e-waste management laws in effect, requiring that
only authorised dismantlers and recyclers collect e-waste. On October 1, 2016, the E-waste
(Management) Rules, 2016 were put into effect. The rule's scope covered more than 21 products
(Schedule-I).2 The author, through this paper tries to analyse all the laws in India which are
concerned with E-Waste Management. A clean environment is not only envisaged through statutory
laws alone, the Constitution itself from Art.213 gives every individual in India, a fundamental right
of clean and pollution free environment. In this paper the author will analyse statuary laws like
Environment Protection Act, 1986, Electronic waste (management) Amendment rules, 2018,
Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, The Air
(Prevention and Control of Pollution) Act, 1981, The Water (Prevention and Control of Pollution)
Act, 1974, and other related laws. The author will also comparatively analyse Indian laws and laws
in other countries related to E-waste Management. This paper will also critically analyse the role
of judiciary towards the protection of environment from E-Waste. The methodology used in this
paper is reading and analysing of various national and international research papers, surveys and
articles related to this topic, in order to give the readers a detailed analysis of the topic. This paper
will also through light on the concept of sustainable development, which people in this developing
world have forgotten. Sustainable development means the development without causing any harm
to the environment and this can be done if we as a community follow 3Rs principle when it comes to
E-waste Management.4 The author while concluding the paper will give some possible innovative
solutions that the Indian legislation can adapt while framing or amending the legislations. Hence,
this paper will put forth the problems, existing solutions, assessment of those solutions and other
potential ways to deal with the problem.

Keywords: E-waste Legislations, 3Rs Principle, Sustainable development, Clean Environment.

1
M.C. Mehta And Anr vs Union of India & Ors, 1987 AIR 1086
2
Recycling of e-waste in India and its potential. Down To Earth. (n.d.). Retrieved July 28, 2022, from
https://www.downtoearth.org.in/blog/waste/recycling-of-e-waste-in-india-and-its-potential
3
Indian Constitution, 1950.
4
Namita Chaudhary, Electronic Waste in India: A Study of Penal Issues, https://www.ili.ac.in/pdf/env.pdf
 INTRODUCTION

This paper aims to analyse the E-waste regulations in India with a comparative analysis with other
countries. The information and communication revolution in the 20th century brought about
significant changes in how we organise our lives, economies, industries, and institutions. At the
same time, these have caused a variety of issues, such as the issue of the enormous volume of
hazardous trash and other pollutants produced by electric devices. It poses a significant issue to
contemporary societies, and its addressing is necessary for achieving sustainable development5.

The author have anaylysed various papers and articles on this subject area in order to provide a
comprehensive study of the same. According to a research by the Associated Chambers of
Commerce and Industry of India (ASSOCHAM), around 80% of Indian workers who handle e-
waste have respiratory problems like breathing issues, irritation, coughing, and choking because
of inadequate safety measures6. Workers and children are typically among those who are most
frequently exposed to harmful gases since they lack protective facemasks and have bare hands.
Burning toner cartridges, motherboards, and tube lights over open flames releases lead, mercury,
and cadmium into the atmosphere.

The main aim of this study is of three fold – Firstly, to analyse the trends of Electronic Waste in
India through a comparison with other parts of world. Secondly, to review the present scenario of
E-Waste management in India. Thirdly, To construct the suggestions dealing with the challenges
and problems of e-waste

The author through this research note will bring forth the methodology used and will also show all
the sources that will be used for will be used in the future research paper. Using the phrase “e-
waste” from 2004 to 2021, academic publishers' databases were searched for the publications and
the same were reviewed. Only articles with open access were chosen. The articles were evaluated
based on how well they fit the discussion themes and how many citations they received. Those
published between 2004 and 2018 must have at least one citation, however articles produced
between 2019 and 2021 may not have one given the timing of their publication.

RESULTS FROM THE METHDOLOGY

This study has been carried out with the help of secondary data only, all the data has been
collected from the various sources such as websites & reports and compiled as said by the need of
the study. The author while reviewing the articles and other sources have come to certain
5
Das, A. (n.d.). E-Waste management in India- Current Scenario. https://www.epa.gov/sites/default/files/2014-
05/documents/india.pdf. Retrieved October 2, 2022
6
Maharashtra tops e – waste generator,but has only 32 recycling unit. ASSOCHAM, Monday, June 04, 2018.
https://www.assocham.org/newsdetail.php?id=6850 accessed on1 oct, 2021.
conclusion that will explained in this section. The study is based on the published data. For the
purpose of present study, the data was extracted from the various issues ASSOCHAM’s
Newsletter, various journals, newspapers and websites particularly from the Ministry of
Electronics & Information Technology, Government of India & ASSOCHAM.

I. Current situation of E-Waste in India :

In India, 10,14,961.21 tonnes of e-waste were produced in 2019–20; however, only 22.7% of that
amount was gathered, dismantled, recycled, or disposed of. The 2016 E-Waste (Management)
Rules were followed while reporting the 21 various types of electrical and electronic equipment
(EEE) that make up this e-waste. Producers are now in charge of administering a system of e-
waste collection, storage, transportation, ecologically responsible disassembly, and recycling after
getting Extended Producer Responsibility (EPR) permission. The rules also encourage and assist
the development of an effective e-waste collecting system.

However, the findings indicate that just 25% of the generated e-waste is being appropriately
managed. E-waste must be thrown in open areas and water bodies, according to experts, much like
untreated solid garbage7.

II. Legislations dealing with E- Wastes in India :

E-waste was governed by the Hazardous Waste Management (HWM) Rules prior to the adoption
of the E-Waste (Management and Handling) Rules, 2011. The E-waste (Management and
Handling) Rules, 2011, were passed under the Environmental Protection Act of 1986 and went
into effect on May 1, 2012. Extended Producer Responsibility (EPR), which made producers
responsible for the secure disposal of electronic devices, was first established. After that, the E-
Waste (Management) Rules, 2016 were passed, replacing the Rules from 2011, and they went into
effect on October 1st, 2016.

The Centre has modified the E-Waste Management Rules, to make it easier and more practical to
manage e-waste in India in an environmentally sound manner. In order to further formalise the e-
waste recycling sectors, these adjustments have been made with the intention of directing the e-
waste produced in the nation towards approved dismantlers and recyclers8.

III. E-Waste Regulation in other Countries:

7
Jadhav, R. (2022, May 12). Around 78% of India's e-waste is not being collected or disposed by the government .
The Hindu BusinessLine. Retrieved October 5, 2022, from https://www.thehindubusinessline.com/data-stories/data-
focus/around-78-of-indias-e-waste-is-not-being-collected-or-disposed-by-the-government/article65406820.ece.
8
Sharma, R. (2018, April 26). E-waste management in India - Waste Management - India. E-Waste Management In
India - Waste Management - India. Retrieved October 3, 2022, from https://www.mondaq.com/india/waste-
management/695996/e-waste-management-in-india.
The management of e-waste is subject to comparable limitations in developing nations. Since e-
waste is regarded by the locals as a means of subsistence, developing countries frequently import
e-waste from wealthy nations. The informal trash treatment industry thrives close to residential
areas because there aren't any formal recycling facilities. The backyard procedures in unofficial
treatment facilities were carried out manually, without the necessary tools or understanding of the
threat to the environment and public health.

Our of the 53.6 million tonnes of electronic garbage that was produced worldwide in 2019
according to “Global e-waste monitor 2020”9, only 17.4% was recycled. After China and the US,
India generates 3.2 million tonnes of e-waste annually, making it the third-largest contributor
globally. Therefore, policymaking and stronger legal enforcement must act as catalysts for India to
transition from a linear to a circular economy with regard to electronics.

IV. Possible solutions for managing this issue of E-Waste Management

A nation in order to manage the issue of E-Waste management can adopt various strategies one of
them can be adopting the principle of Sustainable Development by using 3Rs principle. The
author in the research paper will be explaining various ways to tackele this situation. Firstly, the
reusing industry should be privatised like in U.K, as this will give opportunities to many people to
come up with various innovative ideas for managing E-waste, along with making a proft.
Secondly, the nations should also learn from each others and come up with different measures
accordingly. For e.g. One of the biggest producers of electronics, South Korea, recycled 21% of
the 0.8 million tonnes of e-waste it generated in 2015. Korea recycles all of its electronic trash. It
has established the Seoul Resource Center (SRC), which collects 20% of the e-waste generated in
Seoul for the extraction of important metals like gold, copper, etc. Seoul's remaining 80% of
electronic waste is exclusively disposed of in landfills10.

LIMITATIONS OF THE RESEARCH

The author has tried to review most of the possible articles and other reading matereals needed for
the study. However, the author may have failed in reviewing international or paid journals for the
study. The Research also will be very comprehensive because of the word limit provided and may
not let the readers to understand this wide topic in detail. The author has also failed in providing
the complicated statistic part of the study because of the lack of knowledge in the subject area.

CONCLUSION
9
Global E-waste monitor 2020. ITU. (n.d.). Retrieved October 5, 2022, from
https://www.itu.int/en/ITU-D/Environment/Pages/Spotlight/Global-Ewaste-Monitor-2020.aspx.
10
Electronic waste management: A review - researchgate. (n.d.). Retrieved October 3, 2022, from
https://www.researchgate.net/publication/325058015_ELECTRONIC_WASTE_MANAGEMENT_A_REVIEW.
The amount of electronic waste is significantly more than the amount that can be recycled,
recovered, and disposed of. The informal sector recycles and recovers more waste than the formal
sector combined. Unskilled workers make up the majority of the workforce in the informal sector,
which is also not subject to any environmental or health regulations. Additionally, recycling,
recovering, and disposing of e-waste in the informal sector causes extra pollution. The
government should make an effort to educate the general population and unorganised sector about
proper waste disposal. Discarding materials gathered, separated, and transported by the informal
sector and recycling, recovery, and disposal by the formal sector are two strategies to reduce the
pollution caused by E-Waste.