This slides includes the problem of medical waste and law on that management and disposal of waste. which is very important.

1. BIO-MEDICAL WASTE AND VIOLATION
OF HUMAN RIGHTS
RAJASHREE J JAWALE
ASSISTANT PROFESSOR
RAYAT SHIKSHAN SANSTHA’S
ISMAIL SAHEB MULLA LAW COLLEGE, SATARA
advrajawale@yahoo.co.in

2. BIO-MEDICAL WASTE AND VIOLATION OF
HUMAN RIGHTS
 1. What is biomedical waste?
 Waste generate by the hospital during treatment like
operations, conducting delivery, dressing of wounds,
immunizations, pathological, investigations,
radiological investigations, etc and from the used and
discarded materials is termed as bio medical waste.
 2. Who generates biomedical waste?
 Doctors, Patients and Paramedical staffs including
pathology and radiology department generate
biomedical waste.
 3.Who handle the biomedical waste?
 Mainly Paramedical staffs and waste handlers of the
hospital.

3. WHAT ARE HUMAN RIGHTS?
 Universal legal guarantees
 Civil, cultural, economic, political and
social
 Protect human values( freedom,equality
,dignity)
 Inherent to some individuals and to some
extent, groups
 Grounded in international norms and
standards
 Legally binding on states

4. VIOLATION OF HUMAN RIGHTS
Rights are opportunities essential for
development of human dignity, faculties
and personality. In their negative aspect
rights protect one against arbitrary
behavior of another person, and of the
State machinery.
Improper or mismanagement of bio
medical waste affect on Human
rights.

6. DUTY OF THE OCCUPIER IN BIO-MEDICAL
WASTE AND ITS MANAGEMENTS
Bio-medical waste is any waste generated in the
process of diagnosis, treatment or immunization
of human beings or animals, research activities,
production or testing of biological. It shall be the
duty of the occupier to take all steps to ensure
that such waste is handled without any adverse
effects on community health and environment.

8. INTERNATIONAL LEVEL – HUMAN
RIGHTS

9. BIO-MEDICAL WASTE MANAGEMENT

11. Human rights are Natural Rights of
every human being

12. THREE FUNDAMENTAL UNITED
NATIONS AGREEMENTS ON HUMAN
RIGHTS
1. Universal Declaration of Human Rights,
2. The International Covenant on Civil and
Political Rights, 1966
3. The International Covenant on
Economic, Social and Cultural Rights
1966
 Aim of Human Rights law is to promote
Respect for the dignity and worth of each
person

13. Economic Rights deal with the sphere of human beings
working, producing and servicing.
Social Rights deal with standard of living and quality of life
for all persons, including those not participating in
economic activities.
 The obligation of the State to ensure the creation and the
sustaining of conditions congenial to good health is cast
by the Constitutional directives contained in articles 38,
39 (e) (f), 42, 47 and 48 A in Part IV of the Constitution of
India

14. Articles 38, 39 (e) (f), 42, 47 and 48 A in Part IV
of the Constitution of India
 in the light of provisions of constitution of India and various
judicial pronouncements: Medico-legal cases and Right to Health
Care and Medical Assistance; Medical Examination of rape victim
and Right to health care; Working of Blood Banks and Right to
Health Care; Cases of HIV/AIDS and Right to health care; Living
and working conditions of workers and right to health care;
Mentally ill person and right to Health care; Biomedical Waste and
Right to Health Care; Pollution and Right to health Care.

15. BIO-MEDICAL WASTES
AN EMERGING THREAT TO
ENVIRONMENT
 The Bio-Medical Waste (Management and
Handling) Rules, 1998, which have been notified by
the Government of India in the exercise of power
conferred by Sections 6, 8 and 25 of the
Environment (Protection) Act, 1986.
 The act makes it a duty of every occupier of an
institution generating biomedical waste which
includes a hospital, nursing home, clinic,
dispensary, veterinary institution, animal house,
pathological laboratory, blood bank by whatever
name called to ensure that such waste is handled
without any adverse effect to human health and the
environment.

18. The Vienna Declaration and Program of
Action (June 1993, Paragraph 5)
“All human rights are universal, indivisible and interdependent
and interrelated. The international community must treat
human rights globally in a fair and equal manner, on the same
footing, and with the same emphasis. While the significance of
national and regional particularities and various historical,
cultural and religious backgrounds must be borne in mind, it is
the duty of States, regardless of their political, economic and
cultural systems, to promote and protect all human rights and
fundamental freedoms.”

19. NATIONAL PROTECTION SYSTEM

20. IMPORTANT CONSTITUTIONAL
PROVISIONS
 Equality before law Article 14
 The State to direct its policy towards securing for
men and women equally the right to an
adequate means of livelihood (Article 39(a)
The State to make provision for securing just
and humane conditions of work and for
maternity relief (Article 42)
The State to raise the level of nutrition and the
standard of living of its people (Article 47)

21. Inter Relationshipbetween
Rights and Duties
According to Prof Harold J. Laski:
1. One's right implies the other's duty
2. One's right implies one's duty to recognise similar
rights of others.
3. One should exercise his rights for the promotion of
social good.
4. As the State guarantees and protects the rights of
everybody, one has a duty to support the State.

22. According to Prof. Roscoue Pound
 Rights are recognised guaranteed and
protected by law.
 Rights are claim, wants , need , demand
of human being.
 ------------------------------------------
 Only the persons who bears the rights are
treated as a human being , others like
slave are not human being.

23. Human Rights
UDHR :The international human rights movement was
strengthened when the United Nations General Assembly
adopted of the Universal Declaration of Human Rights
(UDHR) on 10 December 1948. All human beings are
born free and equal in dignity and rights.
All men are created equal, that they are endowed by their
Created with certain unalienable rights.
Similarly, Indian Constitution has ensured and enshrined
Fundamental rights for all citizens irrespective of caste,
creed, religion, color, sex or nationality. These basic rights,
commonly known as human rights, are recognized the
world over as basic rights with which every individual is
born.

24. Meaning of Human Rights Violations
Human rights violations are
1) any action that violates the personal
freedom and rights of a human being.
2) These violations may be caused by another
individual who is acting on his or her own
accord or under the influence of a group.
3) Human rights violations may also be
driven by a larger authority, such as a
government or a dictator.

25. Definition and types of Hospital waste:
 Hospital waste according to World Health
Organization (WHO) “includes all the
waste generated by health-care
establishments, research facilities, and
laboratories. In addition, it includes the
waste originating from "minor" or
"scattered" sources- such as that
produced in the course of health care
undertaken in the home (dialysis, insulin
injections, etc.).” (WHO, 1999, p.6).

26.  85% of the waste produced by health-care providers is non-
risk or "general" health-care waste, comparable to domestic
waste. This type of waste usually comes from the
administrative and housekeeping functions of health-care
establishments and may also include waste generated during
maintenance of health-care premises. The remaining 10-15%
of health-care waste is regarded as hazardous and may create
a variety of health risks (WHO, 1999).

27.  The list of diseases caused due to improper
disposal and treatment of hospital waste is
endless but majority of them are deadly like
Acquired Immuno Deficiency Syndrome
(AIDS), Hepatitis B, Bronchitis, Tuberculosis,
Skin and Eye disorders.
 The infectious potential of waste depends
upon:
 (i) the presence of pathogens of sufficient
virulence and quantity.
 (ii) the mode of entry, and
 (iii) the resistance of the host. (WHO, 1999)

28. Sources of Healthcare waste

29. Other international conventions on
Human Rights
 The Aarhus Convention is the global
model for procedures in environmental
regulation.
 It has its roots in the 1992 Rio Declaration
and is based on three pillars:
 1) The right to information,
 2) Public participation in decision making
and
 3) Access to environmental justice- that
is, the right to a healthy environment.

30. India and legislation: National scenario
 The significant economic growth in India lead to
industrialization and growth of health sector
 Commitment by India to improve the environment at
the United Nations Conference on Human Environment
held in Stockholm in 1972.
 The Supreme court in India has stated it as a duty of
state & individuals to undertake the preservation of the
environment. (Rural Litigation Entitlement Kendra v.
State of U.P. 1988)


31. JUDICIARY ON ENVIRONMENTAL
PROTECTION
 The apex court has stressed upon the ideas of
‘Polluter pays’ & ‘Generator is responsible’. (Indian
Council for Enviro-Legal Action v. Union of India,
1996)
 Environmental Protection Act 1986 and Bio Medical
Waste Management and Handling rules 1998 framed
by Government of India with the above stated
objectives.
 Other case laws

32.  In spite of the Laws enacted to protect
the environment, effect is not visible.
 Civic Action Group Report on BMW in
India
 report, Government of India 2009, there
was poor management, poor
awareness and lack of commitment
from top management regarding waste
management practices.

33. Annual report by CPCB 2012-13, Govt
of India
 Total quantity of BMW generated(per
kg/day)
 4,05,347
 (Ministry of Environment and forest
notification on the Bio-Medical Waste
(Management and Handling) Rules, 1998)
 Hospitals /Private operators are running
waste disposal facilities without
authorization or segregation practices.

34. FUNDAMENTAL HUMAN RIGHT
 Right to live in clean environment is one of
such Fundamental Rights, which has been
developed through bold and innovative judicial
interpretations of article 21 of Constitution,
which ensures life and personal liberty. Life and
personal liberty means survival in pollution free
environment. Article 48-A and 51 of the
Constitution provide to protect and improve the
natural environment including forests, lakes,
rivers and wild life, and to have compassion for
creatures.

35. POLLUTION BY WAY OF BIO-
MEDICAL WASTE
 Number of statues like The Water Act, The Air Act, The Environment
Protection Act, Hazardous Waste (Management and Handling) Rules
1989, Forests Act, The Wild Life Acts and Provision of Indian Penal
Code, Criminal Procedure Code and Factories Act are meant for
providing pollution free environment to mankind. There are many
categories of institutions which pollute the environment but recently
the ignored field which produce the pollution by way of Bio-Medical
waste have attracted the attention of the environmentalists are the
Hospitals, Dispensaries, Medical Shops, Medical clinics of doctors
and other paramedical staff.

36. Bio-medical waste
Bio-medical waste is defined in Rule 3 (5)
of the Bio-medical Waste (management
and handling) Rules 1998. As per
schedule 1 of this enactment the Bio-
medical waste is categorized as follows: -
 Human Anatomical Waste
 (Human tissues, organs, body
 parts)
 Animal Waste

37.  Microbiology and Biotechnology Waste
 Waste Sharps
 Discarded Medicines and Cytotoxic drugs
 Solid Waste
 Liquid Waste
 Incineration Ash
 Chemical Waste

38. DISPOSAL OF BIO-MEDICAL WASTE BY
MEDICAL
 It is clear that various items like blood, urine,
sperms, stool, used cotton, disordered
medicine, chemicals, body organs like placenta,
empty bottles, polythene bags of urine and
blood, pipes, syringes, waste of fruits etc.,
contribute in the pollution of environment. But
the general analysis regarding the disposal of
bio-medical waste by medical staff is not good.

39.  They dispose the medical waste by:
 Throwing it in the sewerage.
 Throwing in a small trench, in case of body organs
 Burning, in very few cases.
 Throwing on own or municipal corporation land,
marked for the purpose
 Incineration (once or twice in six months
 in one government hospital)
 Do not dispose; only dogs, cats and pigs
 carry all the wastes.

41. The right to the conservation and
protection of the environment.
 In 2007, the UN General Assembly
adopted the UN Declaration on the Rights
of Indigenous Peoples, which in article 29
proclaims “Indigenous peoples have
the right to the conservation and
protection of the environment...”

42. Disposal Of Bio-medical Waste With
The Help Of Incinerator
 About the use of incinerators, authorities always
show their inability due to the costly process,
lack of training, that all the private hospitals
cannot afford incinerators etc. It is true that no
training is given to the operating staff about the
disposal of bio-medical waste with the help of
incinerator. Some times incinerators do not give
required temperature to burn the waste.

43. Lacuna In The Implementation Of Policies And Gross
Violation Of Human Rights.
 As the link between health and environmental quality is receiving due attention, the commitment to
safeguard the environment from both the physical and social impacts associated with hospital waste
is growing. Many aspects of human well-being are influenced by the environment and many diseases
can be initiated, promoted, sustained or stimulated by environmental factors. Environmental health
is a segment of public health and thus the environmental health professionals need to formulate
policies which would check the indiscriminate dumping of infectious waste and incorporate the
element of accountability. Although the Notification of rules to regulate hospital waste was issued by
the Ministry of Environment and Forests, Government of India in 1998 and subsequently revised in
2012, hospitals and nursing homes are yet to react to it seriously thus posing constraints to the safe
and rational management of hospital waste. This paper focuses on the Indian and international legal
scenario with respect to hospital waste. It is clear that there is a lacuna in the implementation of
policies and gross violation of human rights.

46. BIO-MEDICAL WASTE AND
VIOLATION OF HUMAN RIGHTS
1. The Right to Access to Information
2. The Right to Healthy Environment
3. The Right to Safe Working
Environment
4. The Right to Life – clean Air, Water,
Environment
5. The Right to Health
6. The Right to Equality, Dignity

48. UN human rights council
special report 2011 mentions
 “Improper management of health care
waste leads to violation of “Right to life”
in terms of deprivation of Right to clean
air, water, and environment.”
 There is no convention which covers
medical waste management, so
categorisation of waste varies from
country to country.
 "First, Do No Harm“ stated by Institute for
Medicine (IOM) for patient safety should
Extend to the Environment.

56. BIO-MEDICAL WASTE AND PROTECTION OF HUMAN
RIGHTS: NEED OF THE HOUR
 Human Rights place duties on the individuals,
and states to eradicate all types of
discriminatory practices that are adopted
towards those people who are weak,
oppressed on any count.
 International Law of Human Rights extends
special considerations for the promotion and
protection of their rights and works towards
eradication of discriminations.

57. UDHR 1948
 Article 3 Right to Life, Liberty, and
Security
 Article 1 Free and equal in dignity and
right
 Article 6 Right to Recognition as Person
before the Law
 Article 25 Right to an Adequate Standard
of Living and Health
 Article 30 No Abuse of Rights

58. SUGGESSIONS
 The main aim and function of Law in any
society is to regulate the relations
between men and to alleviate the
intensity of conflicts to promote peace,
security, good and orderly behaviour of
mankind to establish a conflict free
society.
 Human Rights and Fundamental Rights
must be protected in its letters and spirit
of Law.

59.  use of incinerator training should be given to some
number of persons from medical staff.
 Specific fund should be allocated for the use of
incinerator.
 Private hospitals should also be allowed to use
incinerator, which is installed, in govt. hospital. For
this purpose a specific fee can be charged from
private hospitals.
 Special vehicle i.e. biomedical waste vehicle Should
be started to collect waste from private hospitals
and private medical clinics and carry it up to the
main incinerator.
 Biomedical waste Management Board can be
established in each District.
 NGOs should actively come forward to curb the
problem.
 • Regular courses on waste management for nurses

61. The Law can become reality only when
each individual in the society is sensitized
to honour the Human Rights of others.
Recognizing and respecting the human
rights of others is a social and moral
responsibility and not merely legal
responsibility. Mere law making can not
bring social change and social
transformation. Each of us must honour
others Human Rights and all must get due
space to grow.

62. THANK YOU