Published on 15th April 2025
Authored By: Keerthana Venugopal
INTRODUCTION
As the world moves forward, the environmental cleanliness is going backwards. In the rising economy, people are opting for goods which are cost effective and make their pocket happy. The rise in consumer needs is fostering the rise in plastic production.
Products made out of plastics are much affordable than those products which are made out of more sustainable products like paper, stainless steel, glass etc. Due to one such thing, plastic has become a daily life property in the life of each and every person around the world. From home to handbag, things made out of plastic have taken their slot in the life of every people. The increase in plastic usage has implemented the growth in plastic waste also which creates a great threat to the environment and human being. The improper disposal of plastic waste injured the land, air and water bodies. The damage created to the environment makes a great menace to the survival of all living beings.
Clean water is the right of every human being. Activities which lead to the pollution of water should be addressed and prevented. Industrial effluents are the major reason for water pollution. These effluents create a great hazard making the environment harmful for plants and living being.
This article will be discussing about the impact of plastic waste and its management along with the laws on water pollution.
LEGAL FRAMEWORK ON PLASTIC WASTE MANAGEMENT
- PLASTIC WASTE MANAGEMENT RULES, 2016
The cost effectiveness and multiple use of plastic have fostered the economic success. These are some of the main characteristics which lead to the increase usage of plastics. The non-decomposing nature of plastic holds a threat to the environment. The irresponsible management of plastic waste has created a lot of environmental problems and threat to every living being. In order to regulate plastic waste management, Plastic Waste (Management and Handling) Rules, 2011 were introduced. Building upon this framework, the government notified the Plastic Waste Management Rules, 2016, which was later followed by amendments in 2018 and 2021 to enhance sustainability and enforcement measures.
Plastic Waste Management Rules, 2016 put forth the following rules:
- Increasing the minimum thickness of plastic carry bag from 40 microns to 50 microns. Through this, the recyclability can enlarge.
- Plastic has taken over every nook and corner of the world. Since the availability and usage of plastics has reached rural areas, the jurisdiction of waste management has expanded to rural areas and the responsibility has been assigned to Gram Panchayat.
- To address the responsibilities of producers and generators of plastics and making them responsible for waste collection and management as per Extended Producer Responsibility (EPR)
- To implement a plastic waste management fee, the rules mandate pre-registration of producers, importers and vendors of plastic carry bags and multilayered packaging. This ensured a structured waste management system for effective collection and disposal.
- The plastic wastes aggregated after an event is enormous. Without proper disposal, this will create a great hazard for the future. In order to avoid that, the rules made event organizers accountable for the collection and proper disposal of waste from such events.
- These rules, for the first time, addressed the responsibility of waste generators such as individual, office, industries etc. According to the rules, they must segregate plastic waste, handover properly; pay the required fee as per local body bye-laws. Thus, the proper accountability will be addressed and the waste management will be promoted.
- Implementing strict regulations on plastic packaging. This ensured a systematic collection and proper channelization to authorized recycling facilities for sustainable waste management.
- Discontinue the manufacture and use of non-recyclable multi-layered plastic in two years.
These are some of the key points which were introduced in Plastic Waste Management Rules, 2016. When we analyze the above mentioned points, it highlights the proper responsibility of the generators and promoters. As mentioned earlier, use of plastic products has enhanced the commercial success and thus, eliminating plastic completely will set a questionable situation in economy. Therefore, proper management of waste is the ultimate rescue, which will protect the economy and environment.
The rules introduced set a good example for management. But the implementation of these rules is where the reality lies.
- PLASTIC WASTE MANAGEMENT (AMENDMENT) RULES, 2018
The first modification made in the amendment rules is the phasing out of multi-layered plastic which are non-recyclable and of no other use. The amendment rules established a central registration system for producers, importers and brand owners. And this central registration system is managed by Central Pollution Control Board (CPCB). A national registry is mandated for producers operated in more than two states while state-level registration applies to producers operating within one or two states. One of the key points which were made in amendment rules is the omission of Rule 15 which mandated ‘explicit pricing of carry bags’.
- PLASTIC WASTE MANAGEMENT (AMENDMENT) RULES, 2021
Recognizing the increase in plastic waste in environment, the Ministry of Environment, Forest and Climate change, Government of India laid down the Plastic Waste Management (Amendment) Rules, 2021. The important takeaway added on the amended rules is the ban on single use plastics. Single use plastics are the common product which fosters environmental pollution. Due to its non-recyclable and non-degradable nature, it sits on the environment for thousands of years, polluting every elements of eco-system. As we move forward, the environmental pollution must be maintained. Thus, banning single use, non-degradable products set a great step for the enhancement of future.
Another important amendment made in the 2021 rules, is increasing the thickness of plastic carry bags. It was increased to 75 microns from September 30, 2021 and 120 microns from December 31, 2022. As mentioned earlier, this is to promote reuse of the plastic bags so that its disposal could be limited.
The producer, importer and brand owners of the Extended Producer Responsibility must collect and manage plastic packaging waste, which is not identified under single use plastic products, in an environmentally sustainable way, as per Plastic Waste Management Rules, 2016. Under these amendments, EPR guidelines have the legal backing.
- EXTENDED PRODUCER RESPONSIBILITY GUIDELINES
The extended producer responsibility makes the producers, importers and brand owners responsible for collecting and disposing the plastic waste properly. This is in order to create a circular economy model. The EPR must register with pollution control board, and follow targets for waste collection, recycling and reuse.
EPR GUIDELINES 2025
The EPR implementation in India is governed by Plastic Waste Management Rules, 2016. As per the 2025 guidelines, the companies are required to
- Generate a system for collecting plastic wastes.
- Collaborate with recyclers for proper reuse of waste.
- Produce recyclable friendly products.
The guidelines create a great start for the cleaner days. But there are certain factors which should be taken into consideration. As we all know, writing rules and guidelines could be easily done. But the proper execution of these rules and guidelines holds the power. For implementing any of the written rules, there are challenges. When it comes to the plastic waste management, the correct data on the amount of plastic waste generated is not available. Due to the urbanization, production and usage of plastic is increasing minute by minute. Therefore, collecting a proper data is nearly not possible. Next is the limit in recycling infrastructure. Comparing to the producers, recycling establishments are limited and therefore making the implementation little difficult. Another one is the public awareness on waste disposal. No matter how many of us know the danger put forth by plastic to the environment, we all tend to dispose it irresponsibly. Absence of strict rules for littering induces the nerve in every person to litter which at last becomes a hazard.
LAWS ON WATER DISPOSAL AND PROTECTION
- THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
Water is essential for the survival of living beings. Plants and animals rely on water to sustain themselves every day. Therefore, clean water is vital for life, as the existence of every creature depends on it. The Act was enacted to prevent the water pollution and to reinstall the water quality of the country. Due to the activities of human being to the environment, the water bodies and land has suffered so much that a strict rule was to be implemented in order to reverse the damage. The Act furnishes a legal framework for controlling the discharge of pollutants into water bodies and initiates a technique to monitor and enforce compliance with water quality standards.
The Act was amended in 1988, in which, it introduced stricter penalties for violation. It also enhanced the powers of regulatory bodies to take legal actions against polluters. The second amendment was on 2003, in which, further clarification was made to improve administrative mechanism and streamline the functioning of regulatory bodies. Initially, the Act was enforced in 25 states and Union Territories. However, in 2024 Amendment, the Act applies to Himachal Pradesh, Rajasthan and Union Territories. Water is a State subject. And its management falls under the state jurisdiction. However, under Article 252 of the Constitution, parliament can legislate matter beyond its authority if a request is made by two or more states. These laws apply only to the concerned states.
The Act mandates the establishment of Central Pollution Control Board (CPCB) and State Pollution Control Board (SPCB). CPCB is the apex body which is accountable for nationwide water quality standards, furnishing guidelines and coordinating pollution control efforts across states. The SPCB controls state level, ensuring compliance with the Act by monitoring industries, issuing permits and taking enforcement actions against violators.
- INDUSTRIAL POLLUTION AND WATER ACT
In order to regulate industrial pollution, the Act makes it mandatory to require prior approval from the concerned State Pollution Control Board before establishing any industrial operations. Three key points under this is, to obtain consent to establish (CTE) before setting up a factory, obtain a consent to operation (CTO) before starting the production and make sure that the effluent discharge meet the prescribed standards.
If any industry fails to comply with these rules, it can result in legal consequences, which includes, fine, closure order and prosecution under Environmental laws.
Hence, The Water (Prevention and Control of Pollution) Act, 1974 plays a crucial role in controlling water pollution and safeguarding water resources.
CASE LAWS
- Indian council for Enviro-Legal action versus Union of India: This case establishes ‘polluters pay principle’ as a key rule in environmental law. This case mentioned the grave environmental pollution caused by industries. The Indian Council for Enviro-Legal Action (ICELA) filed a petition against Union of India and State Governments, spotlighting violation of environmental laws and improper enforcement. The key issues were the recognition of polluters pay principle in India, sufficiency of the existing legal framework for addressing pollution and fairness of compensation and remediation for pollution damage.
In the decision, the Supreme Court recognized the polluters pay principle, making polluters financially responsible for the pollution caused. The court noted gaps in enforcement and called for stricter monitoring and compliance. Also, the court directed the Government to implement stronger regulations, penalties and remedy measures for affected community.
- Satish Kumar versus Union of India &Ors. (2013): The case highlighted the environmental pollution caused by the illegal burning of plastic, rubber, and other waste materials in agricultural lands near Delhi-Haryana border. Satish Kumar and Mahavir Singh, the petitioners, sought action against unauthorized industrial units, working in these areas, and demanded environmental restoration and compensation for affected residents. The key issues raised in this case are, the unregulated industrial activities which caused environmental pollution by burning plastic, rubber etc., failure of authorities to enforce court orders to prevent illegal waste disposal and the role of plastic waste dealers in contributing environmental damages.
The High Court of Delhi ordered the sealing, demolition and prosecution of illegal industrial units. The continuity in plastic burning despite the court order highlighted the police inaction. The soil sample and forensic report establishes the environmental damage caused by plastic burning. The tribunal recognizes Satish Kumar as an aggrieved party and held that the economic hardship of plastic waste dealers did not justify environmental harm.
AN OUTLOOK
A safe and clean environment is the right of every living being. The steps should be taken as soon as possible to achieve a future where air, water and land are clean.
From the view point of a commoner, increasing recycling process could help foster a cleaner environment. Recycling process are already in place to reduce plastic waste. However, increasing and promoting new recycling initiatives could help to achieve the goal even faster. Producing plastic products with high quality materials will encourage reuse, preventing them from being discarded into the environment. Additionally, making multi-use products can enhance recyclability, ultimately reducing waste disposal. Stationary products are mostly made out of plastics and are essential in daily life. Making such products with bio degradable materials would be an effective step in simplifying plastic waste management.
CONCLUSION
Constructive plastic waste management and strict laws on water disposal are crucial for maintaining a sustainable environment. While laws like, Plastic Waste Management Rules, The Water Prevention and Control Act provides a sturdy legal framework, their success depends on proper enforcement.
Plastic pollution is the biggest environmental challenge, which effects air, land and water bodies. The initiatives like ban on single-use products, Extended Producer Responsibility, and recycling shows the right direction. However, noncompliance in law enforcement, inadequate recycling infrastructure, and lack of accurate waste data obstruct successful implementation.
Similarly, water pollution laws aims to control industrial waste discharge and protect water bodies. A strong monitoring mechanism, strict penalty are needed to reinforce compliance. By adopting sustainable alternatives, improving waste management mechanisms and strict enforcement of environmental laws can create a cleaner and healthier future.
REFERENCES
- Plastic waste management rules, 13 August 2021 https://energy.vikaspedia.in/viewcontent/energy/environment/waste-management/plastic-waste-management-rules?lgn=en
- Extended producer responsibility: Transforming plastic waste management in India, 14 September 2024 https://www.banyannation.com/blog/what-is-epr-plastic-waste-management/
- Digital current affairs, The Water (Prevention and control of pollution) Amendment Act, 2024, 15 March, 2024 https://visionias.in/current-affairs/monthly-magazine/2024-03-15/environment/the-water-prevention-and-control-of-pollution-amendment-act-2024
- Indian council for Enviro-Legal action versus Union of India, 1996 AIR 1446.
- Satish Kumar versus Union of India &Ors. (2013), W.P (C) No: 6275/2021 & CM NOS: 822/2013
