Abstract
The article highlights the issue of electronic waste (e-waste) management in India The improper handling of e-waste leads to hazardous environmental and health impacts. India ranks third in the world in e-waste generation, generating 3.2 million tons of electronic waste in 2019. The article details the journey of e-waste management rules from 2011 to 2022 and the amendments made to the E-Waste (Management and Handling) Rules in 2016 and 2018 to address the challenges faced in effective implementation. The amendments widened the scope of applicability, introduced a single extended producer responsibility authorization, and fixed responsibility on state governments for the management of e-waste. The article concludes with the need for more effective e-waste management in India.
Introduction
Seelampur, a locality situated on the banks of the Yamuna River, hosts India’s largest electronic waste dump yard. It is a densely populated residential locality where E-waste from around the country is brought to be dismantled, sorted and recycled. For decades this market has been a source of income to thousands of informal works who work entire days on these dump yards, extracting minerals like gold, titanium and palladium to name a few. It’s a common sight seeing little children handling acids and other hazardous materials in the process of dismantling and recycling.
One cannot exaggerate the impact of improper electronic waste management has on the environment. Proper disposal of the residue is an expensive process. Hence most of the recycler’s resort to burning them. The fumes carry with them microscopic particles which can have a devastating impact since they travel hundreds of kilometers. Toxic metals like cadmium, lead, arsenic when spilled on the soil can make it barren for years. The impact of improper e-waste disposal on human health is so glaringly obvious that it hardly needs to be highlight the same.
The scale of the problem: E-waste in numbers
The Central Pollution Control Board reported that only 10% of India's total e-waste is recycled properly, while the rest is either dismantled in illegal and unregulated markets or dumped in landfills.
According to a report by Consumer Electronics and Appliances Manufacturers Association (CEAMA) and the consulting firm Frost & Sullivan as of 2021, India ranks as the second-largest market for electronic appliances by volume in the world, behind only China. Over the years a whole new market of E-waste has sprung up in the lesser developed parts of the country. Hundreds of thousands of workers depend on these markets and dump yards for their livelihood. Majority of them being unregulated and informal.
As a country that often leads the charts in various demographic-related statistics, it comes as no surprise that India is also among the world's top e-waste generators. According to the United Nations' Global E-waste Monitor, India ranks third, behind only China and the USA, having generated approximately 3.2 million tons of electronic waste in 2019.This staggering figure highlights the urgent need for effective e-waste management in India.
Given the staggering size of these e-waste dump yards and markets, it raises a critical question: What measures has the Government been taking to mitigate the associated risks?
The journey of e-waste management rules: from 2011 to 2022
India has made baby steps to address this conundrum. India is still the first south Asian country to have a legislation on electronic waste as said in the report by Confederation of Indian Industry (CII) titled 'E-Waste Management in India: Issues and Options'.[1] The first official government policy concerning e-waste management in India was the "E-Waste (Management and Handling) Rules, 2011", which were notified by the Ministry of Environment and Forests. These rules were first of their kind wherein the electronic waste management was now being regulated to some extent. The rules placed obligations on producers to take necessary steps for the environmentally sound management of the e-waste generated from their products, through the concept of Extended Producer Responsibility (EPR). The EWM rules, 2011 also created targets for collection, transportation and recycling of E-waste ought to be achieved by various stakeholders as specified in the rules.[2]
The EWM rule of 2011 formalized the e-waste recycling industry in India and set guidelines for producers and other stakeholders. However, loopholes remained, hindering effective implementation. In 2016, the E-Waste (Management and Handling) Rules were introduced as an amendment to the 2011 rules, bringing important changes to the legislation. they addressed the loopholes of the previous rules in the following ways.
1) The applicability of the rules was extended from only to electrical and electronic equipment as specified in 2011 rules to also include other components and consumables. In effect the 2016 amendments widened the scope of applicability to curb the leakage of electronic waste to the informal sector. Furthermore, now not just the producer, consumer, dismantler or recycler were under the purview of the rules but also the dealer, manufacturer and reburfisher.
2) The 2016 rules also introduced a single extended producer responsibility(EPR) authorization for producers which has pan India eligibility. Since separate EPR authorization for each state was contributing to significant postponements and delays. The 2016 rules have made the process of EPR authorization time efficient and flexible
3) In 2016, the E-Waste (Management and Handling) Rules were introduced to amend and update the existing EWM 2011 rules. One of the most significant changes that came with these new rules was the fixation of responsibility on state governments for the management and handling of e-waste, which had not been addressed in the previous rules. Under the new rules, state governments are obligated to earmark industrial land for recycling and dismantling electronic waste. Additionally, the Department of Labour is required to properly and formally identify and register every worker involved in the e-waste industry. The state is now responsible for ensuring the well-being and safety of these workers.
Overall, the 2016 amendments tried to make a balance between the interests of the producers and the wellbeing of the workers.
The E-Waste (Management) Rules were amended again in 2018 to strengthen the existing provisions and address some of the challenges faced in implementing the 2016 rules. The government identified the need to improve the collection, segregation, and disposal of e-waste in India, and sought to promote better compliance with the rules by introducing stricter penalties. One of the most notable additions introduced by the 2018 rules was the deposit refund scheme (DRS). Wherein , producers are required to collect a refundable deposit from consumers at the time of sale. This deposit will be refunded when the end-of-life product is returned to the producer for proper disposal. The DRS is a significant step towards promoting better e-waste management practices, as it incentivizes producers to ensure that their products are disposed of safely and responsibly.
The author attempted to contact the three largest electronics manufacturers in India, namely Samsung, Xiaomi, and LG, to inquire about their implementation of the DRS. However, while Xiaomi and LG did not respond, Samsung India acknowledged that they do collect E-waste from consumers upon request to dispose of it responsibly. Unfortunately, there was no indication as to whether the company collects a refundable deposit from consumers during the point of sale.
In 2022, the Indian government notified the EWM rules for the year 2022, which are set to come into effect from April of this year. Although there were no significant changes made in comparison to the previous rules, the range of electronic goods included has been increased. Furthermore, specific targets have been set for the recycling of electronic waste. The goal is to recycle 60% of electronic waste by the end of 2023, and 70% and 80% by the end of 2024 and 2025, respectively.
CONCLUSION: FROM A HAZARDOUS DUMP YARD TO A SUSTAINABLE RECYCLING HUB
India has made progress in formalizing and regulating the e-waste recycling industry through the introduction of the E-Waste (Management and Handling) Rules in 2011, with significant amendments made in 2016 and 2018. These rules have widened the scope of applicability, introduced single extended producer responsibility authorization, and placed obligations on state governments to ensure the well-being and safety of workers involved in the e-waste industry. However, there is still a long way to go to ensure proper disposal of electronic waste and mitigate the associated risks. With India being one of the largest e-waste generators in the world, it is crucial to continue taking effective measures to manage electronic waste and reduce its impact on the environment and human health.
[1] Confederation of Indian Industry, 'E-Waste Management in India: Issues and Options' (2013), p. 16. [2] E-Waste (Management and Handling) Rules, 2011, G.S.R. 338(E), Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) (May 12, 2011).
This post is authored by Syed Talha Hussaini studying in 4th semester at Damodaram Sanjivayya National Law University