ABHIVYAKTI LAW JOURNAL 2019 -20 20 Articles Essays Case Comments Legislative Comments ® LL.M. Articles Teachers' and Ph.D. Research Articles ILS LAW COLLEGE, PUNE ISSN 2348-5647 Shree J Printers Private Limited Shree J Printers Private Limited, Pune # Abhivyakti Law Journal 2019-2020 2019-2020 ILSLaw College 1 ARTICLES Analysis of E-Waste Management Regulations of India: Challenges and Recommendations. Anuja Chaudhury V BA.LL.B. I. Introduction The sudden boom in urbanization and globalisation in the last 50 years has resulted in the rise on the human reliance on electronic products for combating every day to day activity. The cycle of longevity of such electronic machines is shortened by speedy technological advancements, innovation, consumerism and obsolescence. It has been predicted that by 2020, India will have around 32511 metric ton of waste only from desktop personal computers and will be generating an estimated 241500 metric ton of e-waste from laptops, televisions, tablets and mobile phones.1 The government bodies as well as the active citizens concerned about achieving sustainable development are quickly learning the adverse eff ects of hazardous wastes as well as significant potential risks posed by them to life and environment. The statistics on the amount of production of e-waste in the country indicates the lack of proper structuration of the assortment, supervision and the salvaging procedure of e-waste in India. Developing countries like India and other South East Asian countries face a dual problem in the management and regulation of e-waste as they not only have a massive domestic production of such e-waste (owing to the rapid technology evolution in the huge populous country), but also because they become the illegal dumping or importation ground of the same from the developed countries. Such transboundary movement of e-waste from developed country to developing country is inspired by the cheap workforce and flexible environmental policies in such developing countries. 1 Ahmed, S., Panwar, R. M. & Sharma, A Forecasting e-waste amounts in India, 6 International Journal of Engineering Research and General Science, 324–340 (2014). 2 Abhivyakti Law Journal 2019-2020 2019-2020 ILSLaw College 3 II. What does E-waste mean? I. The harmful environmental and health impact of E-waste Though many researchers have given insight on what entails as e-waste in order Though e-waste normally is an amalgamation of diverse materials, some to provide a comprehensive definition of the same, essentially e-waste can be forming valuable components while others proving toxic to the environment. meant to include electronic and electrical appliances and gazettes, either E-waste can be categorized into hazardous and non-hazardous products discarded or of future use.2 According to the California Integrated Waste depending on factors such as electronic device, model, manufacturer, date of manufacture and the age of the scrap.7 Management Board, mobile phones, computers, televisions, VCRs, music systems, wax and other printers also fall under this category. However, it is not an exhaustive definition and has been kept broad to further include appliances not in contemplation. Wang while providing a detailed definition of e-waste, describes it as a family consisting of various branches including all personal, commercial, educational, transportation, private and public products which mainly work on power and 3 have some automation to function and meet the requirement. E-waste Image 1 – The basic composition of an electronic or electrical equipment8 inevitably includes used electronics which are destined to be reused, resold, Currently in India, e-waste flows from informal collection and dismantling salvaged, recycled or disposed.4 It also includes re-usable electronics which are including scrap dealers who collect end of life WEEE from households and in partially working conditions and can be repaired. offices and sell them to unauthorised dismantlers and recyclers.9 However, the The E-Waste (Management) Rules 2016 defines e-waste as “any electrical or dismantling stage to extract precious metals from such e-wastes is employed electronic equipment, whole or in part discarded as waste by the consumer or with harmful processes such as burning and leaching.10 Toxic chemicals are used bulk consumer as well as rejects from manufacturing, refurbishment and repair to recover valuable metals such as gold, silver and copper using dangerous processes”. This is an inclusive definition as it tries to includes all sorts of forms of open-air burning of plastics. 11 electronic components.5 This definition takes inspiration from the one proposed Disposal of e-waste is carried out through filling and incineration. Incineration by the European Union Directive which provides that ‘waste electrical and leads to emission of substances and large amount of residues from gas, cleaning electronic equipment (WEEE)’is an electrical or electronic equipment which is and combustion such as cadmium and mercury. India’s disposal system of e- a waste including all components, sub-assemblies and consumables which are a waste is mostly structured informally. The formal sector comprising of part of the product at the time of discarding.6 government agencies and companies involved in recycle and reuse use proper equipment and try to provide a safe and healthy environment for the disposal of The Basel Action Network defines e-waste by including a wide and developing e-waste.12 However, the predominance of the informal sector compromises the range of electronic appliances ranging from large household appliances, such as refrigerators, air-conditioners, cell phones, stereo systems and consumable 7Daniel Mmereki and Liu Hong, The Generation, Composition, Collection, Treatment and electronic items to computers discarded by their users. Disposal System, and Impact of E-Waste, E-Waste in Transition: From Pollution to Resource (2016) 8 1 F.O. Ongondo, I.D. Williams and T.J. Cherrett, How are WEEE doing? A global review of the Dr. Vijay Pal Singh, Law Relating to E-Waste Management in India: A Critical Study, 2 management of electrical and electronic wastes, 31 Waste Management (2011), available at: International Journal of Management, Law and Science Studies (2018). https://www.sciencedirect.com/science/article/pii/S0956053X10005659, last seen on 3 Wang, Y., Luo, C., Characterization of PBDEs in soils and vegetations near an e-waste 19/01/2020. recycling site in South China. Environmental Pollution, (2016). 9R.M. Panwar,Anubhav Sharma, E-Waste Legislation in India: Study and Comparative Analysis, 4 Supra 2. 3 Engineering and Technology Journal (2018) 5 Electronic waste (management) Rules, 2016, s. 3(1)(r). 10Borthakur, A. & Singh, P., Electronic waste in India: Problems and policies. 3 International 11 6Art. 3(1) of Directive 2008/98/EC, available at: https://eurlex.europa.eu/legalcontent/EN/ Journal of Environment Science, 353–362 (2012). TXT/?uri= CELEX:32012L0019, last seen on 19/01/20. Supra 9. 12 Ibid. 2 Abhivyakti Law Journal 2019-2020 2019-2020 ILSLaw College 3 II. What does E-waste mean? I. The harmful environmental and health impact of E-waste Though many researchers have given insight on what entails as e-waste in order Though e-waste normally is an amalgamation of diverse materials, some to provide a comprehensive definition of the same, essentially e-waste can be forming valuable components while others proving toxic to the environment. meant to include electronic and electrical appliances and gazettes, either E-waste can be categorized into hazardous and non-hazardous products discarded or of future use.2 According to the California Integrated Waste depending on factors such as electronic device, model, manufacturer, date of manufacture and the age of the scrap.7 Management Board, mobile phones, computers, televisions, VCRs, music systems, wax and other printers also fall under this category. However, it is not an exhaustive definition and has been kept broad to further include appliances not in contemplation. Wang while providing a detailed definition of e-waste, describes it as a family consisting of various branches including all personal, commercial, educational, transportation, private and public products which mainly work on power and 3 have some automation to function and meet the requirement. E-waste Image 1 – The basic composition of an electronic or electrical equipment8 inevitably includes used electronics which are destined to be reused, resold, Currently in India, e-waste flows from informal collection and dismantling salvaged, recycled or disposed.4 It also includes re-usable electronics which are including scrap dealers who collect end of life WEEE from households and in partially working conditions and can be repaired. offices and sell them to unauthorised dismantlers and recyclers.9 However, the The E-Waste (Management) Rules 2016 defines e-waste as “any electrical or dismantling stage to extract precious metals from such e-wastes is employed electronic equipment, whole or in part discarded as waste by the consumer or with harmful processes such as burning and leaching.10 Toxic chemicals are used bulk consumer as well as rejects from manufacturing, refurbishment and repair to recover valuable metals such as gold, silver and copper using dangerous processes”. This is an inclusive definition as it tries to includes all sorts of forms of open-air burning of plastics. 11 electronic components.5 This definition takes inspiration from the one proposed Disposal of e-waste is carried