Knowingly importing solid wastes into India endangers sovereignty: Madras HC

Madurai: If any person knowingly designs, imports, or aids in importing and throws trash on Bharat Matha, it is not just an offence under the Environment Protection Act alone, but, it is a direct challenge to her sovereignty, and there cannot be a more aggravated form of deshdroh, Madras high court has observed.“From the date of coming into force of Bharatiya Nyaya Sanhita (BNS), 2023, the act amounts to an offence punishable under Section 152 of the BNS,” Justice D Bharatha Chakravarthy observed.The court was hearing a batch of petitions filed by companies importing waste paper in large quantities from various countries. The customs authorities confiscated their consignments since they contained a mixture of municipal waste.

The customs authorities initiated proceedings against the companies imposing penalties and directing them to re-export the containers to the concerned country. Challenging the same, the companies had filed present petitions.Justice Chakravarthy observed, “The phenomenon, often described as ‘waste colonialism’, refers to the practice whereby developed countries, either directly or through unscrupulous exporters, seek to shift the burden of disposal of hazardous, toxic or other undesirable waste to developing nations, thereby externalising the environmental and social costs associated with such waste.

Such practices not only undermine environmental justice but also pose a serious threat to the ecological security and public health of the receiving countries’.

”The judge observed that the issue assumes greater significance when viewed in the backdrop of the mounting challenges relating to solid waste management in India. The petitioners claim to import waste paper from foreign countries at considerable cost at a time when substantial quantities of recyclable waste paper are readily available within the country.

The facts as found by the adjudicating authority raise serious concerns about whether the imports were, in reality, intended to facilitate the entry and disposal of municipal solid waste in India under the guise of waste paper consignments, the judge observed.The judge observed that the Centre shall consider incorporating specific and express provisions mandating the re-export of biomedical waste, municipal solid waste, post-consumer domestic waste, and other prohibited waste streams not specifically covered by the existing office memorandum, to the respective ports of origin. The judge directed the petitioners to ensure that the containers are re-exported to the respective ports of origin. If the re-export is not made within the stipulated time, the duly authorised person as per the provisions and rules framed under the Environment Protection Act, 1985, shall take such steps to file a complaint and prosecute the petitioners and its directors and such other persons responsible for the offence punishable under Section 19 of the Act, the judge directed and disposed of the petitions.