ANNOUNCEMENTS
Solid Waste Management (SWM) has become one of the most pressing environmental governance challenges in India due to rapid urbanisation, population growth, and changing consumption patterns. The increasing generation of municipal solid waste, coupled with inadequate infrastructure, inefficient governance, and public apathy, poses significant threats to environmental and public health. This dissertation critically examines the legal, institutional, and environmental dimensions of solid waste management in India, focusing on the gap between legislation and implementation, and identifying pathways towards a more sustainable and integrated waste governance system.
The study begins by exploring the constitutional and statutory framework governing SWM in India, particularly under Articles 21, 48A, and 51A(g) of the Constitution, which underscore the right to a clean environment and the duties of citizens and the State. The Solid Waste Management Rules, 2016, issued under the Environment (Protection) Act, 1986, provide a comprehensive regulatory regime mandating source segregation, decentralised processing, and scientific disposal. However, their enforcement remains limited due to the weak capacity of Urban Local Bodies (ULBs), insufficient public awareness, and a lack of political and administrative will.
A review of key judicial pronouncements such as Almitra H. Patel v. Union of India and Municipal Council, Ratlam v. Vardhichand demonstrates the proactive role of the Indian judiciary in holding State agencies accountable and reinforcing the application of environmental principles like the Polluter Pays Principle and the Precautionary Principle. Despite such interventions, practical compliance remains inconsistent, and penal actions are rare.
The dissertation also includes a comparative study of international best practices in SWM from countries like Sweden, South Korea, and Japan, where decentralised systems, public engagement, and circular economy models have significantly improved waste outcomes. These examples offer replicable insights for Indian policymakers, particularly regarding waste-to-energy initiatives, segregation at source, extended producer responsibility (EPR), and community-led zero-waste models.
Further, the study highlights the environmental consequences of unscientific waste disposal, including leachate contamination, air pollution, and greenhouse gas emissions from landfills, reinforcing the need for integrating environmental impact assessment into municipal waste planning.
Through doctrinal legal analysis, case studies, and policy review, the research identifies major gaps such as fragmented institutional roles, lack of effective monitoring mechanisms, minimal public participation, and inadequate financial and technological support for ULBs. It argues for a shift from mere legal compliance to a capacity-building and participatory governance approach.
The findings of the study underscore that effective SWM in India requires not just legal reform, but also systemic changes in administration, behaviour, and infrastructure. Recommendations include stricter enforcement of SWM Rules, enhanced decentralisation, citizen participation through awareness campaigns, financial incentives for segregation and recycling, and a stronger role for the judiciary and pollution control boards.
In conclusion, sustainable solid waste management is not just a technical or administrative issue but a multidimensional challenge requiring integrated legal, institutional, and behavioural responses. The dissertation contributes to the ongoing discourse by providing a legal-environmental analysis that may assist lawmakers, municipal authorities, and civil society in designing more inclusive and efficient waste management systems.
