Vidhi Seva Evam Samajik Utthan Samiti” has successfully conducted its second Webinar on the topic “INTERPLAY BETWEEN COVID-19 AND ENVIRONMENT”. There were about 100 Participants who participated in the Webinar. Looking into the current situation it was imperative to organize this webinar to highlight the importance of Environment for Human existence. Since time immemorial it is evident that humans have been taking environment for granted to satisfy personal greed which is illegitimate. The Webinar aims at highlighting how negative approach towards Environment has made us land in the current situation.

The event started with the valuable insights by our Chief Guest “Dr. Anil Prakash Joshi” who is a renowned environmentalist and his outstanding contribution in the field of environment has made him Padma Bhushan and Padma Shri awardee. We were honoured to have him on our virtual platform. He emphasized on how the society as well as the government neglected the prominence of environment for the sake of development. He said “manushya ne bhojan ki hade paar ki hai isliye prakrati humse rusht hai”. He highlighted that Covid-19 has given us all a wakeup call to mend our relationships with the mother Earth. He pointed that younger generation should take responsibility in their hands for sustainable development of environment. He discussed the idea of “Gross Environment Product” which can be considered as the most significant idea to track the development in relation to Environment. He added the way GDP centers the development rate of the country, in the same manner GEP can be considered as a parameter to keep check on the development of Environment and it should be implemented on the National Level. He ended on the note by appreciating our efforts for organizing such events which is the need of the current situation

The event was taken forward by the Ms. Nabeela Siddiqui who is working as a Teaching Assistant at Dharamshtra National Law University, Jabalpur. She has got great understanding in the field of Environmental laws. Her lecture focused on the “Draft Environmental Impact Assessment” notification issued by the environment ministry in March, 2020 highlighting the major loopholes of the notification and suggesting measures that can be taken in order to protect the environment in totality. She said at the outset, finalizing this draft amidst pandemic is bizarre because it restricts meaningful dialogue among the stakeholders on a complex, cardinal and comprehensive piece of legislation. She added various facets of the new draft notification utterly disregard environmental jurisprudence, pushing regressive environmental policy, aimed at relaxing the procedure to give fast-track clearance to industries. She explained the concept by mentioning various important sections. She mentioned deadline for the public consultation process has been reduced which would greatly impact participation from all stakeholders. The time period for the conducting of public hearing has been reduced from forty-five days to forty days. Public has to submit their responses to any application seeking EC within twenty days from the earlier thirty days. This would negatively affect public discourse as there would not be enough time to prepare suggestions and views especially while adhering with the norms of social distancing. She raised questions on the idea of hypocrisy in the society by giving examples of Dihing Patkai (Assam) where clearance for coal mining is initiated which will affect the elephant reserve and the gas leak in a Vizag factory that lacked environmental nod. She concluded by leaving a major question that laws are being diluted but at the Stake of what?

The session was concluded by Ms. Soumi Chatterjee, Assistant Professor of Law at Noida International University. Her lecture centered on how this pandemic is interconnected with the environment. She explained how virus originated in animal population. She pointed as to human interference has invited such a situation in the country. She added that there are several provisions for protection of environment but implementation of the same is a major issue. She gave example of north east areas which is losing tree covers over the last 18 years. Coal mining setting of industries and factories are primarily blamed for loss of forest cover in Meghalaya. She said the greed of money is promoting these activities by giving easy environmental clearance. In her lecture she talked about various issues such a loss of habitats, depleting air Quality, etc. She quoted various data throughout her lecture for easy understanding. She concluded by saying that instead of shifting the burden we need to understand our responsibility that we owe towards environment.

I, on the behalf of the entire organization sincerely thank all the Speakers for joining virtual platform of “Vidhi Seva Evam Samajik Utthan Samiti”.

By:

Priyanka Singh
LLM (National Law University, Odisha)

Mental health is one of the most neglected areas of health.  “Mental health is a state of mental well-being in which people cope well with the many stresses of life, can realize their own potential, can function productively and fruitfully, and are able to contribute to their communities.” Mental health has large intrinsic value in itself as it relates to the very core of what actually makes us human such as the way we interact, connect, learn, work and experience suffering and happiness.

As it is evident from the current situation that coronavirus disease (Covid-19) continues to take lives across the world, there arises another public health crisis that is regrettably rearing its ugly head. Perhaps this new danger unleashes more death and despair than the coronavirus itself. Even, before the pandemic the mental health was not promised in our country.

There is a widespread Psychological distress in populations. Many people are distressed due to the immediate health impacts of the virus and the consequences of physical isolation. Many are afraid of infection, dying, and losing family members. Individuals have been physically distanced from loved ones and peers. Millions of people are facing economic turmoil having lost or being at risk of losing their income and livelihoods. Frequent misinformation and rumors about the virus and deep uncertainty about the future are common sources of distress. A long-term upsurge in the number and severity of mental health problems is likely. Emotional difficulties among children and adolescents are exacerbated by family stress, social isolation, with some facing increased abuse, disrupted education and uncertainty about their futures, occurring at critical points in their emotional development. Women are bearing a large brunt of the stress in the home as well as disproportionate impacts more generally.

Starting from autism and intellectual disability in childhood, leading all the way through depression, anxiety, substance abuse, and psychosis in adulthood to dementia in old age. When put together these mental health disorders account for 15% of the total global burden of diseases. According to the World Health Organization (WHO) report, India has one of the largest population suffering from one form of mental illness or the other. It won’t be an exaggeration to state that India indeed is staring at a mental health epidemic.

Beyond the staggering numbers, it is important to understand that there lies a lacuna in how mental health is dealt within our country. Lack of awareness about the issue, the stigma associated with it, lack of trained professionals, inadequate funding and the low priority given in the healthcare budget are the reasons why people coping with mental health issues fail to receive the adequate amount of timely treatment. If merely making policies would have helped people, the issue of mental health would have been solved long ago.

Interventions in the form of medicine, psychological and social help, can make a huge difference. More than 80% of people do not seek any professional help in India. Talk to anyone you know who has been through this and you’ll hear stories about shame, suffering, discrimination, and stigma.

There is a shortage of mental healthcare workers in India. According to the World Health Organisation, in 2011, there were 0·301 psychiatrists and 0·047 psychologists for every 100,000 patients suffering from a mental health disorder in India. A community-based solution inspired by Asha workers model can be adapted to serve the mentally ill population efficiently. Also, more and more professionals should be trained in this field to decrease the ever increasing gap.

According to the Human Right Watch, only 0.06 per cent of India’s health budget is devoted to mental health and available data suggests that state spending in this regard is abysmal. Time and again, the government has only made hollow promises and the aforementioned data does not really paint a rosy picture. If only India spent sufficient amount on primary level care of the mentally ill patients, the number of deaths caused by ignorance will reduce drastically.

People suffering from any kind of mental health issue are considered ‘lunatics’ by the people due to the lack of awareness, ignorance and blatant apathy. This leads to a vicious cycle of shame, suffering and not to mention, isolation of the patient. To end the stigma, there is a need to empower the people suffering from various mental health issues. Steps can also be taken to connect the people suffering from such diseases with each other by forming a network, such that no one feels alienated or alone. Moreover, in togetherness, these people would find the courage and the will to fight. Furthermore, to do away with the stigma once and for all, people experiencing mental health problems should get the same access to safe and effective care as those with physical health problems. In a step towards reducing myths and stigma associated with mental illness, it must be put under the ambit of life insurance.

Steps should be taken to train and sensitize the community/society to deliver immediate mental healthcare intervention to the patients. Nothing else but timely intervention, awareness about the issue, availability of professional help and adequate policies will bring down the numbers. It is thus imperative to understand that people with mental illness deserve to live their lives with dignity and confidence. Sustaining and strengthening mental health services and programmes must be a priority to address current and future mental health needs and help prevent a rise in mental ill health in the future. The response to the pandemic is an opportunity to improve the scale and cost-effectiveness of various mental health interventions.

 

By:

Priyanka Singh

LLM(National Law University, Odisha)

The onset and the rapid spread of COVID-19 forced governments across the world to impose partial and complete lockdown resulting in less human activity and physical interaction. Declared as a Pandemic by the WHO in the month of March, 2020, the virus has restricted the world at large to their homes, limiting most social/economic activities. With air pollution levels going down[1], noise pollution clearly arrested and less human activity, the virus has shown the world that nature has its own ways of responding to our lackadaisical approach in treating it with dignity and respect.

But there seems to be a cost attached as “COVID-19 has disrupted billions of lives and endangered the global economy. The International Monetary Fund (IMF) expects a global recession as bad as or worse than in 2009. As job losses escalate, the International Labor Organization estimates that nearly half of the global workforce is at risk of losing their livelihoods”[2].With the government’s focus entirely on containing and treating the disease, its commitment towards sustainable development seems to have taken a back seat. In view of the urgent need to balance the three pillars of sustainable development viz, social, economic and environmental, we need to understand the ground realities and preparedness of the Government along with lessons for the future. The insight into the future of sustainable development post the present crisis should be tactfully handled and the role of institutions in aiding the same must be understood.

The reasons for the outbreak of the virus have been attributed to factors ranging from industrialization to mass migration and deforestation.[3] There is a direct nexus between such pandemics and uncharted development. A study of the depleting Indian forest covers also sheds light on the fact that little heed is paid to the environment while promoting socioeconomic development.[4]The pertinent issue here is how does a developing country like India with a population over a billion ensure sustainable development in times of such crisis also when there seems to be a consensus that we need to learn to live with the virus. Huge layoffs and reverse migration are causes of concern for the institutions in the present crisis, having an impact on the trinity of sustainable development.

Policy makers and the machinery for their implementation have a mammoth task at hand. Another aspect that needs attention is the handling and disposal of bio-medical waste generated during and after the crisis. The government has come up with waste management norms and economic packages for various sectors but their impact is yet to come under the scanner. On the other end of the spectrum, the Draft EIA (Environmental Impact Assessment) Notification, 2020 has been put for public comments which seems to dilute the existing norms for clearance by industries.[5] The lockdown has put the power sector under distress as the demand for power dropped significantly, having a financial bearing mostly on the thermal power stations.[6]The silver lining is India’s commitment towards cleaner energy and the Government’s support to the renewable sector. The GOI was also using its clean energy goals to further its objective under “Make in India”. Another glimmer of hope comes from moving towards a robust economy/paperless economy. Provided the power needs thereof are met with renewable sources and the electronic waste produced is handled intelligently.

In view of the above issues and challenges, there arises the big questions such as: How does the Government ensure sustainable development during and after the pandemic ends. What are the responses of various stakeholders/institutions and what lessons, if any can this pandemic teach us for a better future? Can the positive environmental effects be sustained post the pandemic and can this pandemic can be a watershed in human history to turn the environmental (doomsday clock)[7] back in time?

By,

PRIYANKA SINGH

LLM(NATIONAL LAW UNIVERSITY,ODISHA)

[1]Available at: https://www.thehindubusinessline.com/opinion/columns/the-effect-of-covid-19-on-indias-air-quality/article31564038.ec accessed on 11.06.2020)\

[2]Available at:https://www.un.org/sustainabledevelopment/economic-growth/ accessed on 11.06.2020

[3]Laura Spinney, “It takes a whole world to create a new virus, not just Chins” The Guardian, 11.06.2020

[4]“The 2017 State of Forest report shows that it is still struggling to get above 22 percent. India has seen rapid deforestation in recent years, primarily due to its focus on economic development. Available at: https://www.aljazeera.com/indepth/opinion/india-forests-threat-180425104442969.html accessed on: 11.06.2020

[5]Available at: https://www.livelaw.in/columns/the-draft-eia-notification-2020-is-a-desperate-attempt-to-dilute-the-existing-environmental-eia-regulations-156478 accessed on:11.06.2020

[6]Available at: https://mercomindia.com/mnre-timely-payment-must-run-renewable-lockdown/ accessed on: 11.06.2020

[7]The Doomsday Clock is a symbol that represents the likelihood of a man-made global catastrophe. Maintained since 1947 by the members of the Bulletin of the Atomic Scientists, The Clock represents the hypothetical global catastrophe as “midnight” and the Bulletin’s opinion on how close the world is to a global catastrophe as a number of “minutes” to midnight, The clock is now set at 100 seconds to midnight, the closest it has ever been to symbolic doom and the first time the hands have been within the two-minute mark.

It gives me immense pleasure to report that “VIDHI SEVA EVAM SAMAJIK UTTHAN SAMITI” has successfully organized its very first webinar on the topic “Working of E-Court-A Way Forward” on 7th of June, 2020. There were around 100 participants who participated.

The E-Courts project was conceptualized in the year, 2005 on the basis of the National Policy and Action Plan for Implementation of information and communication technology (ICT) in the Indian Judiciary and the plan was submitted by e-Committee (Supreme Court of India), with a vision to transform the Indian Judiciary by enabling ICT in Courts. The current situation in India has given us the chance to take the challenge as an opportunity to make digital system in justice delivery mechanism more robust in nature.

Looking into the broad aspect of the topic we invited three guests who hold expertise in their particular domain. The session was started by the Hon’ble Justice Rajesh Tandon, Former Judge of Uttrakhand High Court. He spoke on the “viability of E- Courts in Indian context and will the adoption of E-Courts will Strengthen the Indian Judiciary?” He was of the mixed opinion that adopting E-Courts have both pros and cons. He mentioned that the traditional lawyers and judges are not well acquainted with the technology and henceforth, the training of lawyers is an utmost need for proper E-Court management. He added that technology is more friendly and attractive for young lawyers. He further added that virtual court hearings is a sort of a formula which is a substitute of open court hearing but it can never replace the physical courts hearing.

The session was followed by Advocate Lalit Belwal, Former president of Bar Association of Uttrakhand High Court. He Enlighted the participants on the topic that should “Working of E- Courts should be a Rule or an Exception?”. He made few relevant points as to when we are thinking of an idea of E-Courts , one must keep in mind the accessibility of technology in court process. For that he quoted the data that “Internet density in India is around 52% but only 25% have access to smart phones”. He added that current infrastructure is hampering the idea of access to justice. He further added virtually hearing matrimonial cases, POSCO related cases, will not serve the justice in an appropriate manner. He pointed that public as a stake holder keeps check and balance and is the critical observer but, while the cases being heard in E-Courts will exclude their engagement and by this question of lack of confidence in fairness of justice delivery system will arise. The issue of poor Connectivity of internet was also raised by him.

The session was concluded by Anita Yadav, Assistant professor of Law, Campus Law Center , Delhi. She spoke on the topic “E- education in Rural Areas”. She raised question on how e-education will solve the purpose when major chunk of the students do not have access to internet. She stated that non- accessibility of internet is bringing students into depression. She mentioned about the major digital divide in rural and urban areas. She reflected the data that only 15% population at rural areas has access to internet. She mentioned few suggestions as well that includes capacity building program for teachers, necessity to introspect the nature on online platforms, need to adopt inclusive approach, etc.

The webinar was altogether an informative approach in highlighting the angle of “Working of E-Courts”. At the end I would conclude by quoting a statement by Justice DY Chandrachud “What I perceive for the future is a healthy mix between the use of technology of E-Courts hearing in the areas where we believe technology is well- suited but, we must necessary have open courts hearing also, which is the spine of our system.

THANK YOU!

BY,

PRIYANKA SINGH

LLM- NATIONAL LAW UNIVERSITY, ODISHA

INTRODUCTION

World Environment Day is celebrated every year on June 5 which is the United Nation’s (UN) primary channel to encourage worldwide awareness and action for the protection of our environment.  In the 1974 campaign was first held with the theme “Only One Earth” during the first day of the UNs Conference on the Human Environment. It has been a flagship campaign for raising awareness on emerging environmental issues from marine pollution, human overpopulation, and global warming, to sustainable consumption and wildlife crime. The theme for the year 2020 is – “CELEBRATE BIO-DIVERSITY”. “The theme is biodiversity – a concern that is both urgent and existential. Recent events, from bushfires in Brazil, the United States, and Australia to locust infestations across East Africa – and now, a global disease pandemic – demonstrate the interdependence of humans and the webs of life, in which they exist.”

The theme for World Environment Day focuses on its role in providing the essential infrastructure that supports life on Earth and human development. The major objective of the day is to spread awareness and to remind people that they have a role to play in preventing the loss of biodiversity and preserving nature for our future. The day is observed over 100 countries and each year, it has a new theme that governments, corporations, communities, NGOs, and celebrities adopt to advocate environmental causes. The theme for the year 2019 was “Beat Air pollution”. Every year a different country hosts the event where the official celebrations take place. The focus on the host country helps highlight the environmental challenges it faces and supports worldwide efforts to address them. This year the day is be hosted in Colombia, in partnership with Germany but will be rescheduled for 2021, due to the COVID-19 pandemic.

What is meant by the term “Bio-diversity“? The term ”Bio-diversity” was coined by Walter G. Rosen in 1985.

“Biodiversity means the diverse range of organisms (plants and animals) found in an ecosystem. Thus, it is the variability between the species, within the species and between the ecosystems.”

The term “ecosystem” is defined as a biological community of interacting animals & plants and their environment.

  • Importance of Biodiversity

“Biodiversity plays a major role in maintaining the ecological balance of the ecosystem. In Biodiversity each individual species has a major role to play in the ecosystem.”

The stability of the ecosystem increases with the diversity of these species.

  • Types of Biodiversity

There are three main types into which Biodiversity can be broadly categorised. They are-

  • Species Diversity (i.e. diversity between species)-It is defined as a variety of species within a particular region or habitat.
  • Ecosystem diversity (i.e. diversity between ecosystem)- These are large diversity of different ecosystems which has their own distinctive species.The ecosystem varies with each other as per their habitats and the difference in their species. This type of diversity also includes forest, grasslands, deserts and mountains
  • Cause of Loss of Biodiversity

            The main cause of loss of Biodiversity is the influence of human beings on the world’s    ecosystem.

The threats to Biodiversity are –

  • Alteration and loss of the habitat.
  • Introduction of exotic species and genetically modified organisms.
  • Climate change.
  • Overexploitation of resources.
  • Biodiversity and Methods of Biodiversity Conservation

Biodiversity conservation is the protection and management of Biodiversity to obtain resources of sustainable development.

Biodiversity conversation has three main objectives.:–

  • To preserve the diversity of species.
  • Sustainable utilization of species and ecosystems.
  • To maintain life-supporting systems and essential ecological processes.
  • Biodiversity can be conserved in the following ways:
  • In situ conservation. It is the conservation of species within their natural habitat. In this method, the natural ecosystem is maintained and protected.

In situ strategy of conservation of Biodiversity includes protected area network in the   form of sacred forests and lakes, biosphere reserves, National parks, wildlife sanctuaries etc.

  • Ex situ conservation. It involves the breeding and maintenance of endangered species in the artificial ecosystem.

Ex-situ strategy includes sacred plants and gardens, seed banks, gene banks, cryopreservation, biological gardens, botanical gardens, tree gardens, water system, zoos etc.

Our Solutions are available in Nature. We need to understand the importance of working together at all levels for sustainable development of environment. Biological diversity resources are the pillars upon which human civilization is built. For instance, fishes provide 20% of animal protein to about 3 billion people.

Over 80% of the human diet is provided by plants. About 80% of people living in rural areas in developing countries rely on traditional plants based medicine for basic health care.

Loss of Biodiversity causes threat to human health. It is proven by studies that Biodiversity loss can expand “Zoonoses “ i.e. diseases transmitted from animals to humans, while on the other hand if we keep our Biodiversity intact, we can fight against various pandemics like those caused by Coronavirus.

Thus, the best way to preserve Biodiversity is to follow the model of sustainable development. Sustainable development will help in maintaining ecological balance and this will in turn help in the preservation of biodiversity.

Mahatma Gandhi has rightly said that “Nature provides adequate bounty to a needy man, but not for a greedy man.” we have been very unkind to the environment which has resulted into the ecological imbalance. Hence, there is the urgent requirement to safeguard the environment by focusing on preserving our “Bio-Diversity”.

By,

PRIYANKA SINGH

LLM(National Law University, Odisha)

World Environment Day is celebrated every year on June 5 which is considered to be the primary channel that encourages worldwide awareness and action for the protection of our environment. On this Environment day I would like to bring attention on the most pertinent issue in relation to environment which is Management of Solid Waste.

Urban India is in danger of being buried in its own garbage. The dilemma of dealing with the increasing amount of solid waste in cities large and small has now reached crisis proportion. It is about 31.2% of the population that forms the total population of the urban area.[1] Unplanned urbanization and increasing population, booming economy, rise in the living standard of the community has accelerated the generation of solid waste in the developing country. Major chunk from the rural area is shifting to the urban area for better opportunities and modern facilities and that is resulting to the substantial rise in the solid waste. The sudden outburst of the population has challenged the municipal authorities in attributing desired result in managing the solid waste. “There are 53 cities in India with a million plus population, which together generate 86,000 TPD (31.5 million TPY) of solid waste at a per capita waste generation rate of 500 grams/day. The total solid waste generated in urban India is estimated to be 68.8 million TPY or 188,500 TPD.”[2]

Such a swift increase in the waste generation has negatively put strain on all the natural, budgetary, and infrastructural resources. Solid waste is referred to any garbage, refuse or any of the discarded material including the solid, semi-solid, and also the contained gaseous material that arises from domestic, community, industrial, Agricultural, commercial or human operations. The term rubbish, refuse, garbage, or trash is used interchangeably while taking about solid waste.

It is projected that the volume of the solid waste is going to increase from “64-72 million tonnes at present to 125 million tonnes by 2031.”[3] This figure of such projection in the solid waste is gigantic in number and its management requires serious attention. Waste management is now a global issue and its management is now a major concern of the ULBs in India.

Waste management involves waste collection, resource recovery, recycling, transportation, processing and disposal. In early days, before the initiation of industrial revolution, the constituents of the solid wastes consisted of domestic refuse and agricultural residue and which were of biodegradable in nature. Earlier, there was less population and much of fallow land; solid waste was disposed off conveniently. Solid waste was either dumped in the countryside or on the open ground or were to be dumped in pits covered with layers of earth. The waste being biodegradable in nature used to get decomposed and gets assimilated in soil.

          But, the current scenario is totally opposite in nature. In the modern era of development, industrialization has enhanced the scope of rising nature of solid waste by setting up of industries and also it has been accompanied with the agenda of consumerism. Necessarily, the changing habits and advancement in lifestyle has invited all kinds of waste to generate. Henceforth, the dimension of the challenge in managing the solid waste has been amplified. “The quantum and type of solid waste generated in any urban center are mainly from households, fruit and vegetable markets, slaughter houses, commercial areas including hotels, restaurants and office complexes; community places like hotels,  clubs, function halls and cinema halls, treated bio-medical waste, street-sweepings, construction and demolition debris.”

 An effective and efficient strategy for management of solid gets started with the proper segregation of the waste at the source of generation and by following the appropriate treatment procedure of the different components of waste and by this reducing the residual content of the waste that otherwise is sent to the landfill. The principles of the SWM is being better understood in the public domain, no Indian cities has yet achieved the holistic solution of the emerging challenges of the growing solid waste.

The attention of the ULBs is in a nascent stage while dealing with the matter of collection, transportation, processing and disposal of the solid waste. Even after looking at the consumer behavior pattern in the Indian cities measures have not been taken to seclude the biodegradable waste from the other waste at the very source of generation. Once the idea of segregation of “biodegradable waste” is achieved, through composting/bio-methanation processing of this waste can be conducted and that can help in reducing the cost of the transportation and also reduces the leachate and GHG emissions which emerge from the dumping mixed waste at the sites.

         Since, the current generation of waste is not being handled effectively, it is exacerbating problem. Ideally, the delivery and infrastructure mechanism of SWM is not planned and co-ordinated in an Efficacious manner. Unscientific disposal system of the solid waste is prevalent in the developing country. This results in the various health hazard and environment complications.

The waste generated can be further used in converting energy from the same. ‘Energy from waste’ has prominent role to play in dealing with the residual waste stream. WTE is now an essential component of a sustainable SWM programme. Old techniques of disposing the waste are carried out in the country which does not help either disposing the waste properly nor is it helping to generate the energy. Various new technology for processing of non-biodegradable waste into energy have emerged but the presence of varied waste in the absence of segregation causes several challenges which include air pollution by using  of these technologies.

An enforceable regulatory regime for such emission control is necessary for avoidance of air pollution that is caused by most of these technologies. Moreover,  an efficient conversion of WTE depends crucially on  the factor that whether the waste is of satisfactorily high calorific value, and it is to be noted that solid waste of India  because of high content of  biodegradable waste and also high recycling, falls much short of the threshold calorific value. WTE set up is the inviting opportunity to make better use from extracting energy from the waste.

Constitution of India through an Amendment[4] specific and direct provisions for the protection of the environment were inserted into the constitution thereby perhaps making the Indian constitution as the first constitution in the world to contain specific provisions for the protection and improvement of the environment. By the aforesaid provision it is very clear that it is the duty of the municipal bodies to take measures for potent management of the solid waste.

Indian Constitution ascertains the duty of the citizens to take proper care for preserving the environment.  Protection of the environment is regarded as the constitutional priority.  Hence, the fundamental duty imposed on the citizens with respect to environment intents to promote their participation in restructuring the society.

provide a reasonable framework to address the multiple challenges of municipal solid waste management in India. There is significant improvement over the Municipal Solid Waste Management Rules (2000), which was the first time such rules were ever notified for Indian cities.[5] Strategic direction and funding by the Government of India through national missions such as JNNURM, AMRUT, Smart Cities and Swachh Bharat Mission have also created an environment in which there is more but by no means adequate focus on the problem. It is extremely important to translate the vision from the Rules and the Missions into an operational integrated strategy of solid waste management.

Now when we are moving on the path of development the complexity in the implementation of the SWM rules in the country is at extreme. The rules, constitutional provision and various plans are also to be discussed in details with the officials for bringing the clarity. Legal changes and notifications are not put in place in compliance with the SWM Rules (2016). The regulatory regime is not strengthened and its enforcement ensured. GOI need to provide a strategic leadership to nudge the state governments in creating an enabling environment for ULBs to fulfill the mandate of effective SWM.

In addition, the collection, transportation and disposal system followed in the country should be given importance while dealing with the solid waste. The untreated waste can be used to generate

energy. WTE can fetch significant monetary benefits that are: Profitability, Government Incentives and employment. While dealing in this research paper the various types, processes and policies are considered and explained.

Mahatma Gandhi rightly remarked “Nature provides adequate bounty to a needy man, but not for a greedy man.” Although the needs are very genuine but we have been very unkind to the environment which has resulted into the ecological imbalance. Hence, there is the urgent requirement to safeguard the environment.

SWM is one of the services where India has massive gap to fill. It is also imperative to advance and implement an ISWM approach, informal sector (rag-pickers), PPPs for its cost operative and sustainable management. There is crucial need to encourage such disposal techniques that has option for energy generation and also of resource recovery. Awareness towards safe disposal, PPP, and selection of Suitable technology in accordance to waste characteristics is significant. The approach should stretch on giving a fair state of the SWM scenario in India including major challenges faced in implementation of SWM rules and further there is utmost need come up with concrete solution in order to manage the solid waste for bringing sustainability in sustainable development

By-

Priyanka Singh

LLM(National Law University).

[1] Rajkumar Joshi and Sirajuddin Ahmed, ‘status and challenges of municipal solid waste management in India: a review’ (2016), 2: 1139434 <file:///c:/users/municipal%20waste%20management/h13.pdf > accessed 1 june 2020

[2] Ranjith Kharvel Annepu, Sustainable Soild Waste Management in India (2nd edn, WTERT2010) 24

[3] Isher Judge Ahluwalia and Utkarsh Patel, ‘Solid Waste Management in India  an assessment of resource recovery and environmental impact’ (April 2018 ICRIER) <file:///c:/users/municipal%20waste%20management/working_paper_356.pdf> accessed  1 june 2020

[4] Constitution (42nd Amendment) Act, 1976. Through this amendment Article 48A and Article 51A (g) were inserted into the constitution calling upon both the State and the citizens to protect and improve the natural environment.

[5]“Following a Public Interest Litigation filed in 1996 by Almitra Patel against the Union of India regarding management of waste in India’s cities [WP(c) 888], the Supreme Court issued an order setting up an Expert Committee to submit a Report on Sustainable Techniques of MSW Management. The recommendations of this Committee formed the basis for the Municipal Solid Waste (Management and Handling) Rules, 2000 which were notified by the Ministry of Environment and Forests, Government of India in 2000.”