The document discusses toxic waste and environmental regulations in India. It provides background on toxic waste and its impacts on health, environment, and aquatic life. It then outlines key Indian regulations on hazardous waste management and air/water pollution control. The judiciary has played a role through cases related to pollution of the Ganges river and restricting limestone quarrying. Recommendations include establishing specialized environmental courts and emphasizing stringent enforcement through public education.

2. Acknowledgement
• We owe a great thanks to all the people who helped and supported
us during the writing of this research report.
• Our deepest thanks to professor, Mrs. Shanthi Narayanan the
supervisor of the research report for guiding and correcting various
documents of ours with attention and care. She has taken pain to go
through the project and make necessary correction as and when
needed.
• We express our thanks to the Dean of Sharda University, School of
Law for extending his support.
• We would also thank my institution and my faculty members,
without whom this report would have been a distant reality.

3. “The sun, the moon and the stars would have
disappeared long ago... had they happened to
be within the reach of predatory human
hands. Havelock Ellis, The Dance of Life, 1923.”

4. Introduction
• In nature, the totality of surrounding conditions. The world
around us is our environment: Air, Sun, Ground, Sky, House,
Woods -- whatever we live within is your environment.
• But for the progress of the society industry is necessary,
likewise pollution is inevitable. Since progress and pollution go
together, there can be no end of progress, and consequently,
no escape from pollution.
• However, the main pollutant of the environment is toxic waste
and it goes hand in hand with the problems of the
environment.

5. • Toxic waste is waste material that can cause death, injury or
birth defects to living creatures. It spreads quite easily and can
contaminate lakes, rivers, and the atmosphere.
• The term is often used interchangeably with “hazardous
waste”, or discarded material that can pose a long-term risk to
health or environment.
• Hazardous wastes are poisonous byproducts of
manufacturing, farming, city septic systems, construction,
automotive garages, laboratories, hospitals, and other
industries.
• The waste may be liquid, solid, or sludge and contain
chemicals, heavy metals, radiation, dangerous pathogens, or
other toxins.

6. • The protection of the Environment becomes a global
issues and it is not an isolated problem of any nation
or a particular area.
• Man has the fundamental rights to freedom, equality
and adequate conditions of life in an environment of
equality that permits a life of dignity and well being
and bears a solemn responsibility to protect and
improve the environment for present and future
generation.

7. • Some of the waste we generate, either in our homes or during
industrial processes, is too poisonous or hazardous to just
throw away with our ordinary waste or to recycle for further
use. Some are listed below:
• Nuclear Waste: The main type of hazardous waste that
causes the different types of harmful diseases in the
environment is nuclear waste. It is the type of hazardous
waste that is generated during the manufacturing of the
different type of nuclear technologies and we can also say
that these wastes are produced by nuclear plants.
• Chemical Waste: Chemical waste is toxic waste that contains
poisonous, flammable, or reactive chemicals in the products.

8. • Radioactive waste: Radioactive waste is waste that has been
affected by radiation or emits radiation. Radioactive waste
usually comes from nuclear power plants; they may have been
the old fuel rods that were replaced recently. Radioactive
waste is usually stored deep underground covered in concrete,
since they emit a lot of radiation that harms people
• Medical waste: Medical waste is any kind of waste that has
been infected by viruses, diseases, blood, human fluids etc. It
is very dangerous; since people can be exposed to severe
diseases that are on the waste. Medical waste usually comes
from hospitals, health care facilities and research labs.

9. • Industrial Waste: The waste that is generated as a result of
the different types of processes of the industries such as
manufacturing new products for the benefits of the mankind
is called as industrial waste. Chemicals include varnishes;
wood preservation chemicals etc. different types of medicine
manufacturing industries also take part in generating such
type of wastes. So, EPA recommends different types of
chemicals to save the environment from industrial waste.
• There are different ways that are used to dispose these kinds
of dangerous materials. Some important ways that are used
widely to discard the hazardous waste are recycling of the
products, some types of burning of old materials and many
more chemical processes.

10. Levels of Toxic
Waste In
India

12. Impact of Toxic Waste
• The effects of toxic waste can impact individual health and the
environment. The consequences of poorly disposed toxic waste
can impact the environment long after its effect on individuals.
• Pollution:
1.Water Pollution: Water pollution is the contamination of water
bodies. Water pollution occurs when pollutants are discharged
directly or indirectly into water bodies without adequate
treatment to remove harmful components.
• Effects of Water Pollution:
a) Death of aquatic (water) animals
b) Disruption of food-chains
c) Diseases
d) Destruction of ecosystems

13. 2. Air Pollution :Air pollution is the introduction into
the atmosphere of chemicals, particulates, or biological
materials that cause discomfort, disease, or death to humans,
damage other living organisms such as food crops, or damage
the natural environment or built environment.
• Effects Of Air Pollution:
a) Acidification
b) Eutrophication
c) Ground-level ozone
• Health: Hazardous waste carries environmental risks and also
health risks for humans and wildlife. Some pollutants such as
mercury can accumulate in human and animal tissue, thus
compounding their effects. Hazardous waste is primarily
generated by industry and businesses. Although regulations
exist, contamination still occurs.

14. • Health Hazards:
a) Cancer
b) Respiratory Conditions
c) Heart Disease
d) Exposure Effects
• Aquatic Life: Toxic waste pollutes the sea, deforming and
killing fish and wildlife. We still do not know the full extent of
the damage toxic waste causes, but we do know that diesel
oil and cyanide can wreak havoc, injuring, killing and
mutating many species of fish and birds
• Environment: Toxins buried below ground can reach
underground water streams, which empty out into nearby
water sources. These pollutants affect surrounding wildlife.
• Society: Social reform and an active government taking
responsibility are some of the positive effects of toxic waste
disposal.

15. • Environmental management of hazardous wastes has become
a major concern in India as haphazard dumping of hazardous
wastes results in severe environmental impairment.
• The adverse effects of hazardous wastes as well as the
significant potential risks posed by them to the life and its
supporting systems are increasingly recognized.
• Rapid growth of industries in India has resulted in generation
of increasing volume of hazardous wastes.
• However, An illegal dumping of hazardous wastes by the
industries may cause severe environmental pollution

17. • Hazardous Wastes (Management and Handling)
Rules, 1989: Hazardous Wastes (Management and
Handling)Rules, 1989, as amended to date, were notified in
the country under the provisions of the Environment
(Protection) Act, 1986,formanagement and handling, and
import of hazardous wastes into the country. These rules were
amended in 2000 and 2003, to bring the Rules in line with the
requirements of the Basel Convention and also to improve the
applicability.

18. ENVIRONMENTAL
REGULATIONS AND LEGAL
FRAMEWORK IN INDIA
• Measures has been taken by the government to protect and
preserve the environment. Several sector-specific policies have
evolved, which are discussed below as:
• ENVIRONMENTAL (PROTECTION) ACT, 1986: The Environment
(Protection) Act, 1986 was introduced as an umbrella
legislation that provides a holistic framework for the
protection and improvement to the environment.
• AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981:
The presence in air, beyond certain limits, of various pollutants
discharged through industrial emission and from certain
human activities connected with traffic, heating, etc; has a
detrimental effect on the health of the people as also on
animal life, vegetation and property.

19. • WATER (PREVENTION & CONTROL ) ACT 1974: The objectives
of the Water (Prevention and Control of Pollution) Act are to
provide for the Prevention and Control of Water Pollution and
the maintenance or restoration of the wholesomeness of
water for the establishment, with a view to carrying out the
purposes aforesaid, of Boards for the prevention and control
of water pollution, for conferring on and assigning to such
Boards powers and functions relating thereto and for matters
connected therewith.
• HAZARDOUS WASTES (MANAGEMENT AND HANDLING)
AMENDMENT RULES, 2003: These Rules classify used mineral
oil as hazardous waste under the Hazardous Waste
(Management & Handling) Rules, 2003 that requires proper
handling and disposal.

20. • OZONE DEPLETING SUBSTANCES (REGULATION AND
CONTROL) RULES, 2000: MoEF vide its notification date. 17th
July, 2000 under the section of 6, 8 and 25 of the Environment
(Protection) Act, 1986 has notified rules for regulation/
control of Ozone Depleting Substances ( ODS) under Montreal
Protocol. As per the notification certain control and regulation
has been imposed on manufacturing, import, export, and use
of these compounds.

21. • “The National Environment Policy 2006” has brought out
management aspects of hazardous wastes in the form of an
action plan which includes:
• Develop and implement viable models of public- private
partnership for setting up and operating secure landfills,
incinerators, and other appropriate techniques for the
treatment and disposal of toxic and hazardous waste, both
industrial and bio-medical, on payment by users, taking the
concerns of local communities into account.

22. • Develop and implement strategies for cleanup of toxic and
hazardous waste dump legacy, in particular in industrial areas
and abandoned mines, and reclamation of such lands for
future sustainable use.
• Survey and develop a national inventory of toxic and
hazardous waste dumps and online monitoring systems for
movement of hazardous wastes. Strengthen capacities of
institutions responsible for monitoring and enforcement in
aspect of toxic and hazardous waste.
• Strengthen the legal arrangements and response measures for
addressing emergencies arising out of transportation,
handling and disposal of hazardous wastes, as part of the
chemical accidents regime.

23. • Give legal recognition to, and strengthen the informal sector
systems of collection and recycling of various materials. In
particular enhance their access to institutional finance and
relevant technologies.
• Develop and enforce regulations and guidelines for
management of E-waste, as part of hazardous waste regime.

24. JUDICIAL CONTRIBUTION /
CASE LAWS
• The right of a person to pollution free environment is a part of
basic jurisprudence of the land. Article 21 of the Constitution
of India guarantees a fundamental right to life and personal
liberty. Below are some mention case laws :
• Taj Mahal Case: In Taj Mahal 's case, the Supreme Court
issued directions that coal and coke based industries in Taj
Trapezium (TTZ) which were damaging Taj should either
change over to natural gas or to be relocated outside TTZ.
Again the Supreme Court directed to protect the plants
planted around Taj by the Forest Department as under:
• The Divisional Forest Officer, Agra is directed to take
immediate steps for seeing that water is supplied to the
plants.

25. • The Union Government is directed to release the funds
immediately without waiting for receipt of the proposal from
the U.P. Government on the basis of the copy of the report.
• Dehradun Valley Case: In that case, carrying haphazard and
dangerous limestone quarrying in the Mussorie Hill range of
the Himalaya, mines blasting out the hills with dynamite,
extracting limestone from thousand of acres had upset the
hydrological system of the valley.
• The Supreme Court ordered the closing of limestone quarrying
in the hills and observed: This would undoubtedly cause
hardship to them, but it is a price that has to be paid for
protecting and safeguarding the right of the people to live in
healthy environment with minimal disturbance of ecological
balance.

26. • Pollution of River Ganga : In M.C Mehta v Union of India 1987
AIR 1086, 1987 SCR(1) 819; the Supreme Court dealt with
pollution of Ganga water due to the negligence of the
tanneries on its in establishing primary treatment plants
(PTPs).
• Countless tanneries, chemical plants, textile mills, distilleries,
slaughterhouses, and hospitals contribute to the pollution of
the Ganges by dumping untreated waste into it. Industrial
effluents are about 12% of the total volume of effluent
reaching the Ganges. Although a relatively low proportion,
they are a cause for major concern because they are often
toxic and non-biodegradable.

27. • The aforesaid study leads us to the following conclusion:
 We have more than 200 Central and State legislations which
deal with environmental issues. More legislation means more
difficulties in enforcement.
 It is not enough to enact the legislations. A positive attitude
on the part of everyone in society is essential for effective
and efficient enforcement of these legislations.
 The powers vested to the Pollution Control Boards are not
enough to prevent pollution. The Boards do not have power
to punish the violators but can launch prosecution against
them in the Courts which ultimately defeat the purpose and
object of the Environmental Laws due to long delays in
deciding the cases.

28.  The Environment Protection Laws have failed to bring about
the desired results which were believed will be achieved.
 There is a multiplicity of environment pollution control
standards for the same type of industries. However, under
the Environment (Protection) Act, 1986 now the power has
been conferred upon the Central Government for laying
down the standards for the quality of air, water and soil. It is
hoped that this will ensure uniformity of standards through
out the country.
 In order to enforce the environmental laws stringently, mere
mis-description and technical flaws should be disregarded by
the Courts. The creative role of judiciary has been significant
and laudable. The jurisdiction of the Courts has been
expanded by way of Public Interest Litigation.

29.  The traditional concept that development and ecology are
opposed to each other, is no longer acceptable, since
'sustainable development' is the answer. The Supreme Court
has accepted sustainable development as part of the laws of
the land and has affirmed the 'precautionary principle' and
the 'polluter pays principle' are essential features of
sustainable development.
 Finally, protection of the environment and keeping ecological
balance unaffected is a task which not only the government
but also every individual, association and corporation must
undertake. It is a social obligation and fundamental duty
enshrined in Article 51 A (g) of the Constitution of India.

30. Recommendations
 There is a need to have a comprehensive and an integrated
law on environmental protection for meaningful enforcement.
 As there are limited powers (according to our study) it is
imperatively necessary to give more powers to the Boards.
 For the purpose of efficient and effective enforcement of these
laws, it is necessary to set up the Environment Courts; with
one Judge and two technical experts from the field of
Environmental Science and Ecology.
 To begin with we may have such Courts at the State and
National levels that may later be extended to district level on
need-based principle. In order to discourage prolonged
litigation, the provisions should be confined to single appeal.

31.  The tapping of natural resources must be done with requisite
attention and care so that ecology and environment may not
be affected in any serious way. A long-term planning must be
undertaken by the Central Government in consultation with
the State Governments to protect and improve the
environment and to keep up the national wealth.
 It is necessary to emphasis that problem of environmental
degradation can be tackled only by concerted efforts by every
person, organization and institution and by extremely
stringent enforcement of the laws. We have to educate,
spread awareness, involve and motivate every child, woman
and man in the country to conserve the local flora and fauna,
soil and water resources and all other gifts of God which are
national properties and belong to all and to none individually.

32. Thank
You