The Menace Of Plastic Waste- A Legislative Analysis From The Indian Perspective

Authors

DOI:

https://doi.org/10.53724/jmsg/v7n3.03

Keywords:

Plastic, Indian Legislation, Menace, Amendments in Law, Swachh Bharat Mission, Plastic Waste, Protection of the natural environment, Depletion of Ozone layer, Management of Plastic Waste

Abstract

Plastic debris may cause some ‘serious harm’ not only to humans but also to the natural environment. This is because, after its disposal, it may either emit harmful chemicals or absorb toxic pollutants as an aftereffect proven by scientists. There are various reasons for the increase in waste like rapid population growth, urbanization, industrial growth, and growth in the usage of plastic which has led to severe waste management problems around the world. To address the problems of the waste issues prevalent in society, an impactful legal system is required to make an action plan and to enforce the provisions of law, both internationally and within the domestic framework of our country. Similarly, to deal with the problem of plastic waste, Indian policymakers have brought much-sought legislation and amended them with the changing needs of society. The problem of plastic waste is contemporary in which plastic is not a problem, but waste is a problem. It started due to mismanagement and lack of awareness amongst the public and the manufacturer of plastic products. The problem started in the eighties when there was an absence of legislation, which could have dealt with the waste. And in India, the first legislation came into force in 2011. This Article seeks to reflect on plastic waste regulations and international conventions along with domestic legislation. It looks into the working of Waste Regulation Board actions and implementation along with the policies framed by the Government of India to regularize and then minimize the generation of plastic waste. It further discusses the questions arising out of amendments that need to be made to make the Swachh Bharat Mission a success as a part of India’s efforts to achieve Sustainable Development.

Metrics

Metrics Loading ...

References

Alliance in action, “Alliance in action progress report 2021”, (2021) https://endplasticwaste.org/-/media/Project/AEPW/Alliance/Media-Page/AllianceInAction_ProgressReport_2021.pdf?rev=b6abf6408ca84fcdb03d1ffdb51cfa85 (last visited on February 2, 2022)

Borrelle SB, Ringma J, “Predicted growth in plastic waste exceeds efforts to mitigate plastic pollution”. Science. 2020 Sep 18;369(6510):1515-1518. doi: 10.1126/science.aba3656. Epub 2020 Sep 17. PMID: 32943526. Last visited: 02/02/2022.

Ying Zheng, Ernest K. Yanful, “A Review of Plastic Waste Biodegradation, Critical Reviews in Biotechnology”, 25:4, 243-250, 2005. DOI: 10.1080/07388550500346359 ; https://www.tandfonline.com/doi/abs/10.1080/07388550500346359 (last visited on February 2, 2022)

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 1992

An Introduction to Plastics,(5th November 2021) https://www.chemicalsafetyfacts.org/plastics (last visited on February 2, 2022)

Rinku Verma, K.S. Vinod, “Toxic Pollutants from Plastic Waste- A Review”, 35 Procedia Environmental Sciences 701-708, (2016)

Central pollution control board,” Annual Report 2019-20 on Implementation of Plastic Waste Management Rules, 2016” (2021)

P. Singh, V P Sharma, “Integrated Plastic waste management: Environmental and Improved health approaches” 35 Procedia Environmental Science 35 692-700 (2016)

Ibid

Catherine Prunella, “An International Environmental Law Case Study: The Trail Smelter Arbitration” International pollution issues (2014) https://intlpollution.commons.gc.cuny.edu/an-international-environmental-law-case-study-the-trail-smelter-arbitration/(last visited on February 25, 2022)

Yangy and Liang, “An analysis of the plastic waste trade and management in Asia” 119 Waste Management 242-253 (2021)

The World Charter for Nature, 1982

The Vienna Convention for the Protection of Ozone layers, 1985

The United Nations Conference on Environment and Development, 1992.

The Aarhus Convention on Access to Information, public participation in decision making, and access to justice, 1998.

Doreen Robinson, “UNEP joins three international organizations in expert panel to improve One Health” 12 November 2020 https://www.unep.org/news-and-stories/story/unep-joins-three-international-organizations-expert-panel-improve-one-health (last visited on February 25, 2022)

The constitution of India.

The constitution of India, arts. 21.

The constitution of India, arts. 49 A.

The Stockholm conference, 1972.

The United Nations Conference on the Human Environment, 1972

The Environment Protection Act, 1986 (Act 29 of 1986)

Plastic Waste Management Rules, 2021.

Central pollution control board,” Annual Report 2019-20 on Implementation of Plastic Waste Management Rules, 2016” (2021)

The Plastic Waste Management Rules 2021, r. 3 (z)

Government of India, “Plastic Waste Management Issues Solution and Case Studies” (Ministry of housing and urban affairs, 2019) Swatch Bharat Mission

KEK Vimal, Vernika Aggarwal, “Barriers in adoption of buyback schemes for used plastic, packaging material: A contextual relationship analysis” Resource, Conservation & Recycling 178 (2022).

Rumana Hussain, M D Tasbiru Islam, “Plastic Waste Management in India, Challenges, Opportunities, and roadmap for circular economy” 14 Sustainability (2022)

Central pollution control board,” Annual Report 2019-20 on Implementation of Plastic Waste Management Rules, 2016” (2021)

Ibid.

JC Mahanti, “Clean India (Swacha Bharat) through Reuse and Recycling of Wastes.” 5 Journal of Pollution Effect and Control 202 (2017)

Ibid.

RR Bhatacharaya, N Sailja, “Challenges and Opportunities: Plastic waste management in India” The energy and resources institute (2018)

Ibid.

Abdul Rafey, Faisal Zia Siddiqui, “A review of Plastic waste Management in India- challenges and opportunities” International Journal of Environment Analytical Chemistry 1-17 (2021)

Toxic Link, “A Primary Report on Informal E-Waste recycling in New Delhi” (2018) http://www.toxicslink.org/docs/Informal%20E-waste.pdf (last visited on February 17, 2022)

Central pollution control board,” Annual Report 2019-20 on Implementation of Plastic Waste Management Rules, 2016” (2021)

Centre for Science and Environment,” Plastic Recycling Decoded” 2021

Plastindia Foundation; “Plastic Industry Status Report” (2019) https://www.plastindia.org/plastic-industry-status-report.php (last visited on February 17, 2022)

Ibid.

The Bio-Medical Waste Management Rules, 2016.

Id. At 28

S. Ignacimuthu, Environmental Awareness, and Protection, (MJP Publishers, Chennai, 1998).

Central pollution control board,” Annual Report 2019-20 on Implementation of Plastic Waste Management Rules, 2016” (2021)

Ying Zheng, Ernest K. Yanful, “A Review of Plastic Waste Biodegradation, Critical Reviews in Biotechnology”, 25:4, 243-250, 2005. DOI: 10.1080/07388550500346359 ; https://www.tandfonline.com/doi/abs/10.1080/07388550500346359 (last visited on February 2, 2022)

Irene P. Van Dyck, Francis K. E. Nunoo, “An Empirical Assessment of Marine Debris, Seawater Quality and Littering in Ghana” 4 Journal of Geoscience and environment protection, 2016

Zubris KA, Richards BK, “Synthetic fibers as an indicator of land application of sludge. Environ Pollution” 2005 Nov;138(2):201-11. doi: 10.1016/j.envpol.2005.04.013. PMID: 15967553.

Sheavly, S.B., “Marine Debris—An Overview of a Critical Issue for Our Oceans” 6th Meeting of the UN Open-Ended Informal Consultative Processes on Oceans & the Law of the Sea (2005)

Alabi OA, Ologbonjaye KI, Awosolu O, Alalade OE (2019) Public and Environmental Health Effects of Plastic Wastes Disposal: A Review. J Toxicol Risk Assess 5:021. doi.org/10.23937/2572-4061.1510021

Yash Aryan, Sukha Ranjan Samdder, “Life cycle assessment of existing and proposed plastic waste management option in India: A case study” 211 Journal of Cleaner production 1268-1283 (2019)

The Plastic Health Summit, 2021

Anjali Dalal, “What Does It Take to Clean the Ganga? Gendered Dimensions of Protest and Policy Perspectives” 27 Sage Journal 183-204 (2020)

Alliance to End Plastic Waste (AEPW) and implemented by Deutsche Gesellschaft für International Zusammenarbeit (GIZ) “Aviral: A pilot project to reduce plastic in Ganga” https://aviralganga.in/about-us/ (last visited on February 25, 2022)

Published

30-01-2022

How to Cite

Ms. Manjusha. (2022). The Menace Of Plastic Waste- A Legislative Analysis From The Indian Perspective. Jai Maa Saraswati Gyandayini An International Multidisciplinary E-Journal, 7(III), 04–07. https://doi.org/10.53724/jmsg/v7n3.03

Issue

Section

Article