Plastic Crisis in India and Waste Management Problem

Explore the growing plastic crisis in India—its environmental impact, challenges in waste management, and sustainable solutions being implemented.

Table of Contents

Context: Judicial intervention, like continuing mandamus and the polluter pays principle, could be the solution to combat India’s giant waste management problem.

Plastic Crisis in India

India is now the world’s biggest plastic polluter, releasing approximately 3 million tonnes (Mt) of plastic waste annually, accounting for one-fifth of global plastic emissions, according to a Nature study.
This includes both plastic debris and emissions from open plastic burning.
Much of this plastic transitions from managed or mismanaged systems into unmanaged environments, causing severe environmental degradation.

Also Read: Plastic Pollution

Problems Associated with the Plastic Crisis

Underestimation of Waste: Official data reports 12 kg/capita/day, whereas the actual figure may be 0.54 kg/capita/day.
- Rural waste, informal sector recycling, and open burning often go unreported.
Inadequate Infrastructure: India’s dumpsites outnumber sanitary landfills by 10:1.
- Many regions, especially the Indian Himalayan Region, lack data and the capacity to handle waste.
Lack of Transparency and Audits: No clear methodology for how waste data is collected.
- Waste audits, if any, are not in the public domain.
Weak Local Governance: Rural areas under panchayati raj institutions often lack waste management facilities.
- Many urban local bodies are not connected to Material Recovery Facilities (MRFs), EPR kiosks, or sanitary landfills.
Non-Compliance with Environmental Norms: Even where rules exist, enforcement is weak.
- Plans often remain on paper without meaningful implementation.

Also Read: Global Plastic Treaty

Role of the Judiciary

Constitutional Duty: The Supreme Court views environmental protection as a constitutional obligation tied to fundamental rights and ecological balance.
Use of Continuing Mandamus: In cases like the Vellore tanneries, the Court ordered ongoing oversight and compliance through a committee, ensuring real-time implementation.

Fact

The Vellore Citizens Welfare Forum v. Union of India (1996) exposed severe pollution by tanneries in Tamil Nadu.
The Supreme Court enforced the polluter pays and precautionary principles, linking environmental protection to Article 21.
It ordered compensation, treatment plants, and set a precedent for sustainable development, judicial intervention, and accountability in environmental governance.

In January 2025, the Supreme Court issued a continuing mandamus to ensure compliance with earlier environmental directives for the Vellore tanneries. It:

Constituted a monitoring committee to oversee pollution remediation.
Ordered compliance within four months.
Reiterated the polluter pays and government pays principles.
Emphasised time-bound enforcement to deliver justice and ecological restoration.

Other SC Judgements
Case	Year	Key Judicial Observation
Rural Litigation and Entitlement Kendra vs. State of Uttar Pradesh	1988	Recognised the right to a healthy environment as an inherent part of Article 21 (Right to Life) of the Constitution.
M.C. Mehta vs. Union of India	1987	Held that the right to live in a pollution-free environment is a fundamental component of the right to life under Article 21.
Virender Gaur vs. State of Haryana	1995	Stated that environmental protection and ecological balance are essential aspects of the right to life under Article 21.
T.N. Godavarman Thirumulpad vs. Union of India & Others	1996	Interpreted the term ‘forest’ broadly, ensuring protection of green cover regardless of ownership or classification.
M.K. Ranjitsinh and Others v. Union of India and Others	2024	The right to be free from the adverse effects of climate change should be recognised by Articles 14 and 21 of the Constitution.

Mandamus

It is a Latin term meaning “we command.“
A writ of mandamus is a judicial order issued by a superior court to a lower court, public authority, government official, or body, compelling them to perform a specific act or duty that they are legally obligated to carry out.

Polluter Pays Principle: Courts have reinforced that polluters must not only compensate victims but also pay for ecological restoration.
Government Pay Principle: If polluters can’t pay immediately, the government must compensate victims and recover from polluters later.
Accountability for Non-Compliance: Courts have emphasised the need for time-bound compliance and action against non-implementing authorities.

Way Forward: Solutions

Reliable, Disaggregated Data: Mandatory waste audits and transparent methodologies must be put in the public domain.
- Inclusion of rural and informal sector data is critical.
Geotagging Waste Infrastructure: Track infrastructure like MRFs, recyclers, landfills through geospatial tools.
Strengthen Local Governance: Ensure all urban and rural bodies are connected to recovery and recycling systems.
- Enable capacity building at the panchayat level.
Operationalize Extended Producer Responsibility (EPR): Set up kiosks by PIBOs (Producers, Importers, Brand Owners) in all areas for waste collection and segregation.
- Link waste collection targets with actual recovery.
Judicial Oversight: Apply continuing mandamus in key waste management cases.
- Empower courts to monitor compliance and ensure justice to affected communities.
Use of Technology: Leverage India’s IT and GIS capabilities to create real-time monitoring platforms for waste generation and management.