Plastic Waste Management in India & its Legal Implications
An insightful article on “Plastic Waste Management in India and Its Legal Implications” has been authored by Mr. Tapan Kumar Das, who has been associated with the MIES Institute for the last 5 years as a Skill Development Officer. He has huge experience in teaching WBCS, SSC, PSC, RAIL, Bank, School Service, Primary TET, Upper Primary TET, etc exams. He is very grateful to MIES Management for giving him the chance as a Skill Development Officer at MIES Institute, which is one of the best competitive coaching centres in West Bengal. In his opinion, MIES Institute is one of the top competitive exam institutes in West Bengal. Special involvement and guidance were provided by the esteemed Director of MIES Group, Mr. Jayanta Kumar Majumder, whose leadership has been instrumental in this achievement.
MIES is a renowned coaching centre for the Government. Job exams in West Bengal. Thousands of students appeared in the Govt.. service exam from MIES every year and got Government service, maximum of them. MIES is the most popular institute among Government Job aspirants because of their specialty in School Service, WBCS, PSC, SSC, BANK, RAIL, Primary and Upper Primary TET, etc, exams. Students are given a huge number of Class Tests, Model Tests, and Mock Tests, and also practice a huge number of Online Tests through the MIES APP in their course curriculum. MIES is a pioneer institute of West Bengal Civil Service coaching in West Bengal. As per the students’ version, MIES is the Best Training Academy for the Govt. Job exam in West Bengal.
Plastic Waste Management in India &its Legal Implications
Introduction of Plastic Waste Management in India
Plastics are one of the important materials in the field of technology, innovation, and industrialization. One cannot imagine a life without the use of plastic. It operates in every aspect of life, whether moving along the beach, strolling on the road, using daily products in our homes, or swimming in the ocean. Although plastic is a versatile and handy product, at the same time, the use of plastic causes significant global environmental damage. Plastic waste is an evil to the earth because it damages the beauty of all the beaches and land, and the natural living conditions of the entire animal world.
Non-management of Plastic Waste results in Pollution.
Plastic waste, if not managed properly, can spread pollution into the natural environment in amounts or concentrations. This polluted Plastic waste is harmful to humans, animals, and the planet, both on land, in water, and air. Hence, the specific parts of the Earth system that can be affected are
(a) Land
(b) Waterways (such as ground water, rivers, lakes, bays, and oceans)
(c) Air
(d) Climate
3. Effect of Plastic Waste on Agriculture.
Plastic waste is a significant and often disregarded issue in the agriculture sector. This has a profound effect on food safety and productivity. Plastic garbage has been a major concern in recent years because of its inherent inability to biodegrade, which leads to numerous environmental problems.
Plastic waste can pollute the soil in agricultural areas, hindering plant growth and preventing plants from properly absorbing nutrients. Furthermore, irrigation systems may be hampered by the presence of plastic waste, which could lead to water stagnation and agricultural losses. Furthermore, if harmful chemicals are released into the environment by plastics, those chemicals will be absorbed by plants. Eventually, Plastic waste directly or indirectly enters the food chain, posing a threat to human health and the living environment.
4. Plastic Waste Scenario in India
Certain research data published in the International Journal of Nature have revealed that India is the largest plastic polluter in the World.
As regards plastic waste generation,, India accounts for̶
- 9.3 million tonnes of plastic waste annually.
- 5.8 million tonnes of plastic waste are generated annually.
- 3.5 million tonnes of plastic debris are released into the environment.
- O.12 kg of plastic waste per capita per day is registered in India.
Few other countries account for̶
- Nigeria: 3.5 million tons of plastic waste.
- Indonesia: 3.4 million tons of plastic waste.
- China: 2.8 million tons of plastic waste. 69% or 35.7 metric tons of plastic waste emission comes from 20 countries (High and low-income countries).
Reports focus on countries in the North, South, and South-Eastern regions producing the maximum plastic waste water pollution due to the open burning of their plastic waste.
It is quite alarming that India generates 9.3 million tonnes of plastic waste annually, with 25490 tonnes per capita. But this trend of increasing rate indicates that in the last five years it has quadrupled, preceding the start of the Pandemic. The pandemic itself resulted in increased plastic usage by the FMCG Markets, e-commerce, Food-delivery services, etc.
India generates approximately 4 million tonnes of plastic waste annually, with only a quarter being recycled or treated. To address this issue, the government implemented the Extended Producer Responsibility (EPR) rules, mandating that plastic users are responsible for collecting and recycling their waste. This system operates through an online EPR trading platform, where recyclers receive certificates for recycled plastic that can be purchased by companies falling short of their recycling targets.
However, the EPR system has faced significant challenges. In 2022-23, nearly 3.7 million tonnes of recycled plastic certificates were generated, but a substantial number were found to be fraudulent. While the market-driven approach shows promise, it has limitations. Addressing India’s plastic waste problem requires not only improving the recycling system but also focusing on reducing plastic production and promoting sustainable alternatives.
5. Reasons for High Plastic Pollution in India.
- Increasing Population Growth and Urbanization: India may see a rise in consumption and trash production due to its expanding population and desire for wealth; urbanization makes the problem worse by increasing the need for plastic products and packaging.
- Inadequate Infrastructure of Waste Management: India’s waste management infrastructure is inadequate to manage the nation’s high waste volumes, with more uncontrolled dumping sites than sanitary landfills, a reflection of poor disposal facilities and practices.
- Inadequate Data in Waste Collection: There is a notable inefficiency gap between India’s claimed waste collection rate of 95% and research that indicates the true rate is closer to 81%.
- Burning of Waste Openly: India burns over 5.8 million tons of plastic waste annually, which increases pollution and produces dangerous toxins that are bad for the environment and human health.
- Recycling in Informal Sector: The amount of plastic waste handled by the unregulated informal recycling sector, which is not included in official numbers, makes it more difficult to understand the levels of plastic contamination.
6. Issues Associated with Mismanaged Plastic Waste in India:
- Degradation of the Environment: Waterways become clogged with plastic garbage, causing flooding and marine pollution. Ingestion of it damages aquatic life, and burning it emits harmful pollutants that deteriorate air quality.
- Concerns of Public Health: Microplastics present possible long-term health hazards in food and water. Plastic waste increases the spread of diseases like dengue and malaria by providing breeding grounds for disease vectors. Additionally, burning plastic emits toxins that are bad for your respiratory system.
- Economic Challenges: A FICCI analysis estimates that by 2030, India may lose more than USD 133 billion in material value used in plastic packaging, of which USD 68 billion would come from uncollected plastic packaging waste.
- E-commerce and Packaging Waste: Plastic packaging waste has increased due to the rapid growth of e-commerce; much of this waste is difficult to recycle and ends up in landfills or as litter.
- Challenges of Regulatory Enforcement: Effective waste management is hampered by problems with the Extended Producer Responsibility scheme and inconsistent implementation of plastic waste regulations, and issues.
- Agricultural Pollution of Microplastics: Microplastics build up in soil as a result of plastic use in agriculture and poor wastewater treatment, which affects soil health and food safety.
- Gaps in Technology and Infrastructure: Effective management of plastic waste is hampered by inadequate facilities for waste segregation and processing, as well as a lack of sophisticated recycling equipment. Efforts are made more difficult by the absence of thorough waste tracking.
The biggest pollution problem is due to the overproduction of plastics in India.
Due to over-production of plastics in India, 40% of the total plastics produced are dumped in landfills, clogging water bodies and polluting streets. This unmanaged plastic waste makes it easy to enter animal better and simultaneously pollutes land, water, the natural environment, and the climate harmful to human and animal existence.
But 60% of the plastic waste is collected but not recycled. Only a very small percentage of plastics are recycled & the remaining major portion remains as rotting waste in the landfills, resulting in threats to animal lives.
Plastic waste continuously falling into the Ocean creates a severe problem in India, harming marine life & damaging habitats.
Plastic waste in the Ocean is posing a serious and adverse impact in India. According to a study by the Pew Trusts (2022), the plastic waste entering oceans is at an annual rate of 11 metric tonnes, seriously harming marine life and damaging habitats. If this trend continues, it shall pose a considerable risk, especially India’s waterways &when wind pushes the plastics deeper & deeper into the Oceans around Mumbai, Kerala & the Andaman & Nicobar Islands. Studies have already revealed that the Indian Ocean is among the world’s most polluted oceans.
Studies also revealed that at least 267 species of life in the ocean are worst affected in India, including 86% of sea turtle species, 44% of sea birds, and 43% of marine mammal species.
Massive urbanization is also a major cause of plastic waste
accumulation resulting in environmental pollution.
The Massive accumulation of plastic waste in India is due to urbanization, to rise in retail chains & plastic packaging for groceries, food packaging, consumer products, etc., which are the primary causes of environmental pollution &damage to humankind. This increasing rise of urbanization, in the absence of proper, developed & mechanized plastic waste management, will certainly the humankind to lose the safer survival in a country or anywhere of the planet being succumb to diseases, leading to deaths & deaths due to pollution in all spheres & places of human & animal survival.
Laws and Rules regarding Plastic Waste Management in India & their Effective Enforcement.
The Government of India has established a central registration system applicable to the plastic producers, importers & brand owners under the Central Pollution Control Board. In continuation to pollutions caused by plastic waste, there has been specific rules as regards Plastic Waste Management Amendment Rules 2021 to prohibit specific single- use plastic items by 2022 due to low utility & high littering potential & thereby to enforce collection and environmental management of plastic packing waste through EPR & to increase thickness of plastic carry bags from 50 to 75 & by amendment 2021 & 2022 thickness has to be 120 microns. Besides, the Amendment of Plastic Management Rule 2023 & Plastic Waste Management 2024 have been more effectively enforced. There have been other practical initiatives from the Central Government all over the country, like
- Swachh Bharat Mission
- Indian Plastics Pact
- Project REPLAN
- “UN-Plastic Collective
- Go Litter Partnerships Projects, etc
All these initiatives & steps by the Government are meant to aware the public & people of the country to cooperate with the Government through these projects. So that the country can be pollution-free, neat & clean & they become healthy citizens & can progress individually & collectively as a nation.
Plastic Waste Management Rules, 2016
Requires actions to reduce the production of plastic garbage, stop littering, and guarantee waste is stored and transferred separately. Extends responsibility to producers, importers, and brand owners for both pre-consumer and post-consumer plastic packaging waste under Extended Producer Responsibility (EPR).
Plastic sheets and carry bags now have to be a minimum thickness of 50 microns. Gram Panchayats are in charge of implementing the expansion of jurisdiction from municipal to rural areas.
Introduces waste segregation at source for individual and bulk generators.
Plastic Waste Management (Amendment) Rules, 2018
Multi-layered plastics (MLP) are being phased out in favour of those that are not recyclable, energy recoverable, or have no further value.
Establishes a central registration system by the Central Pollution Control Board (CPCB) for producers, importers, and brand owners.
It omitted the rule of explicit pricing of carry bags mentioned in the 2016 rule.
Plastic Waste Management (Amendment) Rules, 2021
Prohibits specific single-use plastic items by 2022 due to low utility and high littering potential.
Ban the manufacture, import, stocking, distribution, sale, and use of certain single-use plastics, including polystyrene, from 1st July 2022.
Enforces collection and environmental management of plastic packaging waste through Extended Producer Responsibility (EPR).
Expand the thickness of plastic carry bags from 50 microns to 75 microns by September 2021 and to 120 microns by December 2022.
Plastic Waste Management (Amendment) Rules, 2022
Introduces EPR guidelines with mandatory targets for recycling, reuse of rigid plastic packaging, and use of recycled plastic content.
Imposes environmental compensation on those failing to meet EPR targets, based on the polluter pays principle.
Provides a framework to strengthen the circular economy of plastic packaging waste.
Plastic Waste Management (Amendment) Rules, 2023 and 2024 have been more effectively expanded and enforced.
The rules outline specific forms and procedures for registration, reporting, and certification related to plastic waste management and EPR obligations.
Expanded Definitions of Plastic Waste Management in India
- Importer: Includes imports of various plastic-related materials for commercial use, beyond just plastic packaging and similar items.
- Producer: Encompasses the production of intermediate materials for plastic packaging and contract manufacturing for brand owners.
- Manufacturers of carry bags and commodities from compostable or biodegradable plastics must obtain certification from the Central Pollution Control Board (CPCB) before marketing or selling.
- These items must adhere to mandatory labeling requirements and comply with Food Safety and Standards Authority of India (FSSAI) regulations for food contact applications.
- Manufacturers must process pre-consumer plastic waste generated during production and report it to the State Pollution Control Board or Pollution Control Committee.
- Compostable plastics must bear a label indicating they are only compostable under industrial conditions.
- Biodegradable plastics must specify the number of days they take to biodegrade and the environment in which they will biodegrade.
Mandatory Jute Packaging Act, 2010: An Act enacted to ensure the mandatory use of jute packaging and to make provisions for the prevention of environmental pollution caused by the use of artificial packaging like plastics in the supply and distribution of certain products.
How Plastic Waste & Pollution thereof can be reduced.
It is not easy to lower the production or use, or reduce the pollution rise, and the growth of plastic waste in the country.
If the people, businessmen, producers, consumers are seriously concerned & be aware against using plastic bags, packets, baskets, dishes & other domestically usable plastic-wares/tools & articles for daily use, the pollutions can significantly be reduced if every one and all would obey and act consciously as per the following guidelines:
(i) People should avoid using single-use plastics.
(ii) People should use cloth bags while shopping / groceries.
(iii) People should use glass or steel containers instead of Tupperware or other plastic wares.
(iv) Avoiding the use of cosmetic microplastics but habituate to using biodegradable brushes & natural textiles.
(v) People should use plastic-free alternatives such as wooden brushes, microplastic-free – free lipsticks & shirts made of natural fibers.
(vi) Choosing to reuse and repurpose some of the packaging. If people purchase a plastic bottle or container at the grocery store, reuse it rather than tossing it away. A bottle may be refilled as many times as needed, and containers can be used to hold more food.
Recycling channelled 3, 21,345 metric tonnes of waste from landfills over the years and aimed to divert even more in the coming years through designated solutions.
Plastic waste can be taken as a challenge and converted and processed into multiple opportunities.
Plastic waste can be scientifically and properly collected, managed, and technically processed into multiple opportunities for the well-being of the people & the society. But if the plastic waste is not properly managed, recycled & processed towards human needs, the entire animal world & the human species can never survive healthily. Now the global picture is that only 9% of the total plastic waste of the globe is recycled & almost half of the total waste is landfilled. The huge quantity of plastic waste can be scientifically recycled & processed with the overall goodness and benefits to the earth & humanity.
Today in India, resisting or reducing, and curbing the rising problem of plastic waste inevitably requires effective scientific waste management, alike the developed countries.
Plastic consumption demand in the country over the three years stood at 20.89 million tonnes in 2021-2022, 22.00 million tonnes in 2022-2023, and in 2023-2024 it had risen to almost 24.00 million tonnes. Hence, this increasing trend of plastic consumption must be resisted and curbed so that plastic waste does not badly impact the healthy natural environment of living life of the humans & the lives on the globe. However, there are some good indications that there have been efforts for reducing & covering the plastic waste accumulation & pollution thereof that as many as 4,953 registered units in 30 states as well as in 8 States/UTs which have been actively engaged in continuous & constant operation to resist the growth of plastic waste accumulation on the lands & landfills along with reduction in pollution level resulting from plastic waste.
Conclusion of Plastic Waste Management in India
No person, country could progress and be precisely developed without following & imitating an exemplary & successful model to meet one’s or any country’s desired & deserved needs & to achieve the aimed goal. In this case of fighting out the problems of plastic waste accumulation & pollution, the developed countries’ system & techniques of plastic waste cycling and management can be adopted so that India could be newly having adopt the developed process & system of Plastic Waste Management.
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