A powerful judicial remedy for waste management

India has been ranked the world’s largest plastic polluter (Nature journal), releasing 9.3 million tonnes annually, with major data gaps, rural neglect, and unmonitored disposal methods. The Supreme Court’s use of continuing mandamus in the Vellore tannery pollution case highlights a judicial tool that could be extended to India’s systemic waste management crisis.

Data Deficit and Ground-Level Governance Gaps

• Inaccurate Waste Statistics: Official data (0.12 kg/capita/day) underestimates India’s plastic waste generation, as it excludes rural, informal, and open-burning sources; actual rate estimated at 54 kg/capita/day.
• Poor Methodology & Rural Exclusion: CPCB data lacks methodological transparency, with no audit trail; rural India remains excluded from waste accounting under Panchayati Raj Institutions (PRIs).
• Unlinked Waste Infrastructure: Absence of geotagged tracking and lack of systematic connectivity between local bodies and MRFs, EPR kiosks, and sanitary landfills hamper efficient waste processing.

Legal Framework and Supreme Court Intervention

• Constitutional and Statutory Obligations: Waste mismanagement violates Article 21 (Right to Life) and environmental norms under Solid Waste Management Rules, 2016, requiring active court oversight.
• Use of Continuing Mandamus: In the Vellore tannery case (Jan 31, 2024), SC used continuing mandamus, appointed a compliance committee, and recognized the failure of administrative execution despite legal mandates.
• Polluter Pays and Government Pay Principles: Court enforced the “polluter pays” principle, holding polluters and governments liable for both compensation and ecological restoration, till damage is fully reversed.

Way Forward: Technology, Accountability, and EPR Operationalisation

• Leveraging Tech for Waste Mapping: India must use its technological prowess for real-time waste generation and tracking to ensure scientifically grounded infrastructure planning and monitoring.
• EPR Kiosks for Decentralised Recovery: Producers, Importers, Brand Owners (PIBOs) should establish EPR kiosks at the grassroots, ensuring segregation, retrieval, and recycling at source.
• Judicial Oversight for Compliance: Extending the tool of continuing mandamus in environmental cases would ensure time-bound, court-monitored enforcement, especially in waste management reform.

Practice Question