Tag: #StockholmConference

S.no	Contents
1.	Introduction
2.	Types of Hazardous Wastes
3.	Legislator Framework in India
4.	Regulatory Framework in India
5.	Ineffectiveness of Law
6.	Case Laws of Hazardous Wastes
7.	Conclusion

Abstract

This article aims to present an overview of hazardous waste and types of hazardous waste. Further it explain the legislative and regulatory framework in India and after that ineffectiveness of the Law.

Introduction

Human beings always create waste materials which are produced by daily to daily life activities. Activities like washing utensils, washing the floor and sewage water.

Hazardous waste means “danger”. Hazardous waste is very dangerous for our life. Hazardous waste includes so many wastes like harmful medicines, harmful chemicals and harmful industrial waste. Hazardous waste affects our lives in so many ways our skin gets irritated, our eyes become red, breathing rate problems and hair problems create. Pesticides are also included in hazardous waste.

Hazardous waste is very toxic for us and hazardous waste creates so many diseases. Hazardous waste is created by pesticides, pharmaceuticals, and industrial and commercial areas. Hazardous waste means any material that is potentially catastrophic to the environment or human health. This type of waste includes chemicals, toxins, flammable materials, and radioactive substances. Hazardous waste can come from a variety of sources, including industrial processes, medical facilities, and households.

The proper handling and disposal of hazardous waste are crucial to prevent harm to humans and the environment. When not handled properly, hazardous waste can contaminate water, soil, and air, leading to serious health problems, including cancer, birth defects, and neurological disorders.

To reduce the amount of hazardous waste generated, it is important to implement practices such as reducing the use of hazardous materials, reusing products when possible, and recycling. In addition, it is essential to properly label and store hazardous waste and to dispose of it in a safe and environmentally friendly manner.

Types of Hazardous Wastes

There are four classifications of hazardous wastes are as follows –
F-list waste
K-list waste
P-list waste
U-list waste

F-LIST WASTE –
It is a classification of hazardous waste. It doesn’t come from a specific industry. It comes from a mix industry. We didn’t identify the industry of F-waste.

F-list waste includes –
Dioxin-bearing wastes
Wood-preserving wastes
Chlorinated aliphatic hydrocarbons
Spent solvent wastes

K-LIST WASTE –
After the F-list, we read about the k-list. K-list waste is more specific than F-list. We identify the industry of k-list waste. The k-list waste came from industrial waste.

K-list waste includes –
Organic chemicals manufacturing
Primary aluminium production
Ink formulation
Petroleum refining

P-LIST WASTE –
After the K-list waste, we read about P-list. P-list waste is highly toxic. P-list wastes are unused and they are a part of commercial chemical products. Pesticides are part of the P-list.

U-LIST WASTE –
After the U-list waste, we read about U-list, U-list waste is less toxic as compared to the list. We use U-list waste properly so they are not hazardous for us but we do not use them properly so they are hazardous for us.

Legislator Framework in India

Human beings’ duty is to protect nature for natural resources for the future. In Constitution, Part IV-A ( Article 51-A fundamental duties ) says that every human being duty to protect nature against hazardous waste and any other kind of danger. Human beings use natural resources for the future so they have a responsibility to take care the nature.
Further, Part IV (Article 48A directive principles of State Policies) says that the state also has a duty to protect nature and take proper actions to protect nature.

State and human beings have equal responsibilities to protect nature. A well-developed framework came after the UN Conference on the Human Environment (Stockholm,1972). After the Stockholm Conference, the National Council for Environmental Policy and Planning was established in 1972 inside the Department of Science and Technology to introduce a regulatory body to look after environment-related issues. Later, This Council developed into an entire Ministry of Environment and Forests and Climate Change (MoEF & CL).

The United States Environmental Protection Agency (EPA) regulates hazardous waste disposal through the Resource Conservation and Recovery Act (RCRA). This law establishes levels for the management of hazardous waste, consisting of essentials for its transportation, generation, storage, treatment, and disposal.

Businesses and organizations that generate hazardous waste must comply with RCRA regulations by obtaining permits and implementing proper waste management practices. Failure to obey these rules can result in fines and other penalties.

Regulatory Framework in India

The regulatory framework for hazardous waste varies by country, but in general, it involves a combination of national and international laws and regulations. Here are some key components of the regulatory framework for hazardous waste:

• National laws and regulations: Many countries have national laws and regulations that govern the generation, handling, transport, treatment, and disposal of hazardous waste. For example, in the United States, the Resource Conservation and Recovery Act (RCRA) sets standards for the management of hazardous waste, while in the European Union, the Waste Framework Directive provides a framework for the management of waste, including hazardous waste.
• International conventions and agreements: Several international conventions and agreements have been established to address hazardous waste on a global scale. These consist of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which monitors the current of hazardous waste between countries, and the Stockholm Convention on Persistent Organic Pollutants, which seeks to eliminate or restrict the use of persistent organic pollutants (POPs).
• Permitting and reporting requirements: Many countries require permits for facilities that generate, handle, treat, or dispose of hazardous waste. These permits may require facilities to meet certain standards for waste management and may include reporting requirements for the amount and type of waste generated.
• Enforcement mechanisms: Laws and regulations related to hazardous waste typically include enforcement mechanisms, such as fines, penalties, and criminal sanctions for non-compliance. In addition, regulatory agencies may conduct inspections and audits of facilities to ensure compliance with the regulations.
• Monitoring and tracking: Many countries have systems in place to monitor and track hazardous waste, from its generation to its final disposal. This may include the use of tracking manifests, electronic reporting systems, and inspections of waste transporters and disposal facilities.

Overall, the regulatory framework for hazardous waste is designed to protect human health and the environment by ensuring that hazardous waste is managed safely and responsibly. By implementing effective regulations and enforcing them consistently, countries can reduce the risks associated with hazardous waste and minimize its impact on the environment.

India has proper amendments about hazardous wastes are as follows –

• First Amendments Rules, 06.07.2016
  In the exercise of powers given by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 ( 29 of 1986), the Central Government hereby makes the following rules to amend the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, namely:-
  • These rules may be known as Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2016.
  • They shall come into exercise on the date of their publication in the Official Gazette.
• Second Amendments Rules, 28.02.2017
• Third Amendments Rules, 11.06.2018
• Fourth Amendments Rules, 01.03.2019
• Second Amendments Rules, 12.11.2021
• Sixth Amendments Rules, 21.07.2022

Ineffectiveness of Law

While there are laws and regulations in place to manage hazardous waste, there are still several factors that can lead to the ineffectiveness of these laws. Here are a few reasons why hazardous waste laws may be ineffective:

1. Inadequate enforcement: Even with strong regulations and penalties for non-compliance, the laws may not be effective if they are not enforced consistently and rigorously. Lack of funding, resources, and political will can all contribute to inadequate enforcement.
2. Loopholes and exemptions: Some hazardous waste laws may contain exemptions or loopholes that allow certain industries or activities to avoid compliance. For example, some laws may not apply to small businesses or may have less stringent requirements for certain types of waste.
3. Lack of transparency: In some cases, hazardous waste may be illegally dumped or transported without proper documentation or tracking. This can make it difficult to identify and hold responsible parties accountable for their actions.
4. Rapidly evolving technology and waste streams: Hazardous waste laws may not keep up with the rapid pace of technological innovation and changing waste streams. New types of waste and emerging technologies for waste management may not be adequately covered by existing laws, leaving gaps in regulation.
5. Limited international cooperation: Hazardous waste is a global problem, and effective regulation requires international cooperation and coordination. However, there may be limited cooperation between different countries and regions, leading to disparities in regulation and enforcement.

Overall, the effectiveness of hazardous waste laws depends on a range of factors, including enforcement, exemptions, transparency, technological innovation, and international cooperation. Addressing these issues can help to improve the effectiveness of hazardous waste regulation and protect human health and the environment.

Case Laws of Hazardous Wastes

• Love Canal (1970s): Love Canal was a neighbourhood in Niagara Falls, New York, where Hooker Chemical Company dumped 21,000 tons of toxic waste from the 1940s to the 1950s. In the 1970s, residents began experiencing health problems, and investigations revealed that the waste had contaminated the soil and groundwater. This led to the evacuation of the neighbourhood and the creation of the Superfund program, which provides funding for the cleanup of hazardous waste sites.
• Bhopal disaster (1984): The Bhopal disaster was a gas leak from a pesticide plant in Bhopal, India, owned by Union Carbide Corporation. The leak released toxic gas into the air, causing the deaths of over 3,000 people and injuring thousands more. The disaster highlighted the need for better safety regulations for hazardous industries and raised awareness of the environmental and human health impacts of hazardous waste.
• Koko Chemical Company (1988): Koko Chemical Company was a chemical company in Taiwan that illegally dumped hazardous waste, including PCBs, into the ocean. The waste contaminated the fish in the area, leading to a ban on fishing and a public health crisis. The company’s CEO was sentenced to life in prison, and the case led to increased scrutiny of hazardous waste management practices in Taiwan.
• Ivory Coast toxic waste dumping (2006): In 2006, a company called Trafigura chartered a ship to transport hazardous waste from Amsterdam to Ivory Coast. The waste was dumped illegally in various locations around Abidjan, the country’s largest city, leading to thousands of people reporting health problems. The incident prompted calls for stronger regulations on the transport and disposal of hazardous waste.

These cases illustrate the serious consequences that can arise from improper management and disposal of hazardous waste and highlight the importance of regulations and enforcement to protect human health and the environment.

Conclusion

Hazardous waste control by using windmills, solar energy and so many things come from nature so they produce less waste. We use natural things instead of made chemicals. Chemicals are full of toxicity. Chemicals are very dangerous for our life and animals also. Dogs and cats and so many animals are also in danger with us. Hazardous wastes are very dangerous for small children. Pregnant women and elders are also away from hazardous wastes. 

We take proper steps to get over this problem as follows – 

• We use natural things
• We don’t use plastic bags 
• Sewage waste 

In Delhi, a huge mountain is formed by waste so this is dangerous for our life. Due to this Ganga is also polluted and in festivals, we bathe in Ganga and do puja also due to the puja waste increase. Diya’s and flowers float in Ganga. We control this custom so that our future generation enjoy the fresh air and Ganga. We buy clothes so mindlessly due to this also waste is produced. We throw packets of milk, Maggi and lays in dustbin and we cannot cut properly so we cannot recycle these packets and they become waste. We mix wet waste and dry waste. We didn’t purchase clothes mindlessly and we cut the packets in a proper way so that we recycle them. 

Some clothes are not recyclable in nature so we cannot use or minimise the usage of that cloth. We didn’t mix the wet and dry waste so that waste is recyclable and that waste does not become hazardous waste. In the current scenario, waste is increasing day by day and they create threatening situations for us we cannot help us. Executive and legislative both make effective laws with sanction so that waste products is decreased. Pollution is created by waste. Pollution is also very bad for our health. 

Overall, it is important to understand the dangers associated with hazardous waste and to take steps to reduce its generation and properly manage and dispose of it. By doing so, we can protect human health and the environment for generations to come.

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Reference

1. https://cpcb.nic.in/rules/

This article is written by Varsha Goel, a 2nd-year law student at Kurukshetra University.

The environment assumes a vital part in human existence as well as in the advancement of society. With developing mechanical progression and industrialization, the immaculateness of the climate has been threatened to a horrifying degree. The need to secure and further develop the climate is so convincing for the endurance of humankind and other life structures on planet Earth that the right to climate has arisen as basic liberty. Climate alludes to the regular environmental factors and conditions where we reside. Tragically, the environment has gone under genuine danger. This danger is for the most part because of human practices. These human exercises have absolutely made genuine harm to the environment. Most significant, this harm takes a chance with the endurance of living things on Earth. Subsequently, there is a pressing need to save the Environment.

For this, environment security is improving, guarding, and keeping up with the nature of the climate. The fundamental strategies for natural assurance are reusing, reusing, and lessening; be that as it may, a few different techniques like Green Energy creation, green transportation improvement, and eco-accommodating industrialization likewise exist. Inhabitants, as well as organizations and ventures, should assume their essential parts to work on the climate.

HISTORY OF ENVIRONMENTAL LAWS

Mankind has forever been worried about the climate. The antiquated Greeks were quick to foster a natural way of thinking, and they were trailed by other significant human advancements like India and China. In later times, the worry for the climate has expanded due to developing consciousness of the biological emergency. The Club of Rome, a research organization, was quick to caution the world with regards to the risks of overpopulation and contamination in its report “The Limits to Growth” (1972).

The advanced ecological development started during the 1960s when worries about the adverse consequence of people on the climate started to increment. Because of these worries, legislatures all over the world started to pass regulations to safeguard the climate. In the United States, for instance, the Environmental Protection Agency (EPA) was laid out in 1970.

The start of ‘present day’ global ecological regulation is dated 5 June 1972 which denotes the start of the United Nations Conference on the Human Environment in Stockholm. This period incorporates numerous advancements that occurred up until the 1992 United Nations Conference on Environment and Development.

STOCKHOLM CONFERENCE

It was in 1972 when interestingly nations across the world met up to distinguish and resolve natural issues at the United Nations Conference on the Human Environment in Stockholm. This occasion has had an enduring impact on the improvement of global ecological regulation. This gathering depended on the focal issue of contention between the financial turn of events and ecological insurance and it was this meeting where the idea of Sustainable Development was molded. The gathering was gone before by the Founex Meet in Switzerland where it was perceived that natural insurance and monetary improvement should go connected at the hip accordingly establishing a framework for the idea of feasible turn of events, which legislatures affirmed later at the Rio Conference on Environment and Development. At the Stockholm Conference, the Stockholm Declaration on the Human Environment was taken on which prompted further improvement of worldwide natural regulation. Because of the Stockholm Conference, nations laid out the United Nations Environment Program (UNEP) in Nairobi, Kenya which was not laid out as a United Nations specific organization.

A few significant multilateral arrangements related to the Stockholm Conference, are the Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matters and the Convention for the Protection of World Cultural and Natural Heritage, in 1972, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1973. These arrangements were the early support points of global ecological regulation and along with the UN Conference, set up for the improvements in worldwide natural regulation.

In the following twenty years, global natural arrangements multiplied and in excess of 1100 worldwide legitimate instruments that were in without a doubt committed to the climate. In this period, nations became skillful at haggling new arrangements in brief periods which didn’t surpass 2 months.

The global natural arrangements went into during this period began as a means of observing and revealing explicit ecological dangers and had its own, discrete office to help nations in executing the concurrence with independent conventions for the exchange of peaceful accords, including trans-limit air contamination ozone environment, and so on the time frame between 1972-1992 saw changes in the subjects and the focal point of global ecological arrangements. The extent of arrangements additionally extended from controlling trans-limit contamination to worldwide contamination issues, for example, the consumption of the ozone layer, monitoring environments, and so on.

HISTORY OF ENVIRONMENTAL LAW IN INDIA

In the course of the most recent twenty years, the Indian judiciary has cultivated a broad and inventive way to deal with environmental rights in the country. Complex matters of ecological administration have been settled and therefore a progression of inventive procedural solutions have advanced to go with this new meaningful right. The new environmental right is subsequently advocated as a legitimate pathway to expedient and modest lawful solutions.

The notional development of the right to life was perceived even without any particular reference to the infringement of this major right. However, the basic liberty culture has permeated down to the Indian human rights system within a short time frame. An interdisciplinary way to deal with environmental protection might be one more justification for the activity of the right to a healthy and clean climate. This has been attempted through global ecological agreements and shows, public administrative measures, and judicial reactions.

It has been studied in the case of environmental laws and policies, the Indian scenario is actually filled with attempts and examples in trying to preserve the environment from further degradation. Let’s look into how that protection came into being by going back to the historical background. Ancient India had always been keen and concerned in maintaining protecting the environment. But let’s look into how the British’s then passed legal regulations and actions carried out as it is what has had a huge impact on how India has turned out to be in the present age.

During the British Period, they looted India off of their natural resources, combined with a total indifference with regards to environmental protection. An overall overview of early natural resource regulation uncovers that separated from the wood’s regulations, nineteenth-century regulation likewise somewhat directed two different parts of Indian climate- water contamination and wildlife. These regulations, in any case, had a restricted reason and restricted spread in other regions. Obviously authoritative measures were taken by the British Government for fighting against contamination and for the preservation of natural resources. In spite of the fact that pundits call attention to that the British authorized these regulations, not with the object of safeguarding the climate but rather fully intending on procuring income for themselves, it ought to be viewed as the initial move towards the preservation of natural resources. Regardless of the way that these actions were made with ulterior intentions, British-sanctioned regulations have contributed essentially to the development of environmental jurisprudence in India.

Some of the laws passed during the British rule are,

• Merchant Shipping Act of 1858 dealt with the prevention of sea pollution by oil.
• Shore Nuisance (Bombay and Kolaba) Act, 1853 imposed restrictions on the fouling of seawater.
• The Fisheries Act, 1897
• Wild Birds and Animals Protection Act, 1912
• The Bengal Smoke Nuisance Act of 1905
• Bombay Smoke Nuisance Act of 1912

And after Independence,

• The Indian Constitution embraced in 1950 didn’t manage the subject of climate or counteraction and control of contamination all things considered.
• It was the Stockholm Declaration of 1972 that turned the consideration of the Indian Government to consider environmental protection.
• Exhaustive (exceptional) ecological regulations were established by the Central Government in India.
• Public Council for Environmental Policy and Planning was set up in 1972 which was subsequently developed into the Ministry of Environment and Forests (MoEF) in 1985.
• The Wildlife (Protection) Act, 1972, focused on the objective and present-day wildlife management, and many more.

ENVIRONMENTAL LAWS AND POLICIES IN PRESENT INDIA

Prominently, the public authority has passed different regulations to check the harm caused to the climate, for example, the Environmental Protection Act, 1986, Forest Conservation Act, 1980, Water Prevention and Control of Pollution Act, of 1974, Public Liability Insurance Act of 1889, Biological Diversity Act of 2002, and National Green Tribunal Act of 2010.

As indicated by Article 48 (A) of the Indian Constitution, the state will attempt to safeguard and work on the climate. It ought to likewise attempt to defend woodlands and the natural life of the country. As per Article 51(A) (g) of the Indian Constitution, each resident of India has a basic obligation to safeguard and further develop the indigenous habitat including backwoods, lakes, waterways, and untamed life and ought to have empathy for living animals. These are some of the rights among others like sections 253, 246, etc.

Now let’s get into how these regulations tend to have a fallback or poor implementation. One of the primary explanations behind this is that there is no autonomous administrative body for ecological administration. It is taken care of by the Ministry of Environment Forest and Climate Change (MoEF). Because of inordinate obstruction by the government on the administration of the Ministry, there is unfortunate execution of natural regulation. The politicians also lack the willingness to further push the need for effective implementation, adding on with the lack of awareness of the people.

Businesses are committed to taking authorization from the State Pollution Control Board to release effluents and cause outflows yet there is laxity in consistence because of the absence of solid punishment measures. The Comptroller and Auditor General in India in its 2011-12 report on Performance Audit of Water Pollution in India say that the punishments for the contradiction of WPCA 1974 are excessively frail. There is also a lack of funds for the Pollution Control Boards and they don’t even have proper infrastructure or laboratories. These are just some of the problems amongst many in India. And to correct these few, the following solutions are recommended. A free administrative body should be laid out. The MoEF in 2009 had proposed for a “Public Environmental Protection Authority” in its discussion paper which would go probably as a body for ‘noticing, rule, and execution’ of natural administration. Like on account of Vellore Citizen Forum versus Association of India the guideline of polluter pay rule was applied. For this situation, a Public Interest Litigation was recorded by the candidates in light of the fact that the tanneries and different enterprises were releasing untreated effluents into the River Palar in Tamil Nadu. 35,000 hectares of the farming area has become either absolutely or somewhat ill-suited for development as per Tamil Nadu Agricultural University Research Center, it was held that the enterprises need to pay the townspeople for the harm brought about by them and furthermore make up for the rebuilding of the environment.

Public awareness and an increase in the political will to help is an absolute necessity. NGOs can assume a vital part in this. Prizes should be given to businesses, associations, and so on to recognize infringement and make a move to resolve the issue. Financial endowments, cost-sharing ought to likewise be advanced. And many other steps should be taken like giving more funds to SPCP.

Actions to protect the environment are also taken by the people themselves. Many climate/environment-oriented actions have been initiated which is indeed commendable. Some of the notable movements have taken the forms of advertisements, protests, like the recent protest which was staged by the All Assam Students’ Union (AASU) and All Assam Matak Youth Students’ Union against the decision made by the National Board of Wildlife (NBWL) to allow North-Eastern Coal Fields (NEC) to do opencast mining in 98.59 hectares of Dehing-Patkai Wildlife Sanctuary in 2020, to protect the wildlife sanctuary and the vast fauna. Or the SAVE AARAY movement in 2019, mobilized by the people to go against the Mumbai Metro Rail Corporation Limited’s (MMRLC) metro 3 car-shed plan that would lead to the felling of the Aarey Colony, and the only national park that was situated outskirts the metropolis, rich in flora and fauna. This was also done to protest against the fact that many tribal communities had also been displaced by big project plans.

CONCLUSION

So, therefore, the Stockholm Conference definitely assumed a critical part in illuminating ecological corruption that has been caused around the world. Thus, the worldwide level of natural and biological issues has been improved to a particular level which the nations of the world had never envisioned ever.

The Courts in India have played a distinctive job in step by step broadening the extent of a good standard of living by applying different issues of ecological protection. Therefore, practices representing a significant danger to the climate were diminished to safeguard the person’s human right to a healthy climate. Article 21 has been dependent in plenty of cases, albeit certain cases have consolidated a more extensive point of view of the Constitution.

With contamination expanding every year and causing the crumbling of the natural habitat, it has become important to find ways to safeguard the common habitat. As we realize that the justification for this multitude of issues is people, state-run administrations should decide to limit their exercises that are actually hurting the climate. And if they are not halted direly, then, at that point, the world could see some devastating collapse and degradation before it’s too long. For instance, environmental change has been a huge issue, and this is one of the reasons for continued contamination. A good future relies upon the climate in general.

Written by Tingjin Marak, a student at Ajeenkya DY Patil University, Pune.