Title of Paper: Electronic Waste Management in India: Issues

and Concerns

1. Shagufta Yasmin
Designation: Assistant Professor (Law)
Institutional Affiliation: Aligarh Muslim University, Murshidabad Centre (W.B.)
Contact No-: +91-7895175838,
Email: [email protected]

2. Mohd Imran
Designation: Student of B.A.LLB (Hons.) 5th Year,
Institutional Affiliation: Aligarh Muslim University, Murshidabad Centre (W.B.)
Contact No-: +91-7076681156
Email: [email protected]
 Abstract

Keywords: E-waste, hazardous waste, risk, management.

E-waste means discarded or obsolete or out of use electronic products. The electronic
industry has been growing in rapid pace due to dynamic nature of technology in electronic
and communication sector. The consumers and user are shifting from low capacity, less
featured products to high capacity and more featured products. Hence lot of e-waste has
been generated in the form of discarded computer, laptop, mobile phones and other
communication devices. The current global production of e-waste is more than 20 million
tonnes. E-waste contains both precious metals like copper, platinum as well as heavy and
toxic metals like lead, cadmium etc. A lot of polymers also remain in e-waste. Due to the
presence of precious metal, people recycle e-waste to extract those. Lot of people import e-
waste from developed countries like USA, Europe which are the major producer of e-waste
today. Recycling as well as use and dumping of e-waste cause severe environment health
hazard. People recycle or dump those in open air which causes pollution to water, soil and
air. Smoke generated due to burning of e-wastes and produces lead fumes, di-oxine, furans,
polycyclic aromatic hydrocarbons etc. The chemical compositions of e-waste have been
changing over the year as per need of industry. The toxic fumes generated from e-waste effect
human health with the minute of human awareness towards the adverse effect of e-
waste. Hence, there is a need to know that the toxic and hazardous elements are present in e-
waste and their effect can be perceived on soil, water, and air as well as food chain which
ultimately influence the total ecosystem. Creation of enormous e-waste data by day and its
probable adverse effect on environment gives an urgent call for regulation of e-waste. This
paper presents issues pertaining to change in composition of e-waste with evolution of new
technologies and its effect on environment and human health and suggest some framework
for e-waste management and regulation.
INTRODUCTION

An inevitable consequence of development and industrial progress is generation of

waste. Electronic waste, abbreviated as ‘e-waste’ is a term used to describe old, end-of-life
electronic appliances such as computers, laptops, TV’s, radios, refrigerators etc., which have
been discarded by users. Nine out of every ten homes possess an obsolete electronic device
such as an outdated computer, a refrigerator or a mobile phone. It is probably covered in dust,
lying at the base of your cabinet or trash can and grimy from lack of use. Obsolete electronic
devices or electronic waste are becoming common sites everywhere, giving birth to what
some experts are predicting to be the largest toxic waste problem of the 21st century. E-waste
comprises of numerous valuable but harmful substances that can cause an adverse effect on
human health. Recycling e-waste can be dangerous if not done using suitable techniques and
measures.1 E-waste is a complex mixture of hazardous and non-hazardous waste, which
consists of items of economic value. Therefore, it requires specialized segregation, collection,
transportation, treatment and disposal.

The industrial revolution brought by science and technology in eighteenth century marked a
new era in human civilization. The revolution brought by information and communication in
twentieth century brought enormous changes in the way we organize our lives, our
economies, industries and institutions. These changes have brought enormous development in
modern time and enhanced the quality of our lives.2

Industrial revolution followed by the advances in information technology during the last
century has radically changed people's lifestyle. Although this development has helped the
human race, mismanagement has led to new problems of contamination and pollution. The
technical prowess acquired during the last century has posed a new challenge in the
management of wastes. For example, personal computers (PCs) contain certain components,
which are highly toxic, such as chlorinated and brominated substances, toxic gases, toxic
metals, biologically active materials, acids, plastics and plastic additives. The hazardous

1
Rohit Sharma, E-Waste Management Issues, Challenges, & Proposed Solution, (February 15, 2018, 10:04 AM)
http://www.legalservicesindia.com/article/2249/E-Waste-Management-Issues-Challenges-and-Proposed-
Solutions.html
2
Dr. Devendra S Verma & Shekhar Agrawal, E-waste management in India: Problems and Legislations,
(February 20, 2018, 10:04 PM), http://ijsetr.org/wp-content/uploads/2014/06/IJSETR-VOL-3-ISSUE-7-1910-
1914.pdf
content of these materials pose an environmental and health threat. Thus proper management
is necessary while disposing or recycling e wastes.3

The Indian information technology sector is also largely contributing to the global economy.
At the same time, it is generating bulk of e-waste or Waste Electrical and Electronic
Equipment (WEEE). The e-waste has become a matter of concerns in most of the developing
countries like India, where in past not much emphasis given on it. In developing countries
like India the e-waste has become a massive problem which is either locally generated or
internationally imported, which causes serious hazard to human health and environment. The
electrical and electronic equipment contain harmful component which are a reason to worry
during the waste management process.4

EFFECTS ON ENVIRONMENT AND HEALTH HAZARDS

Electronic wastes can cause widespread environmental damage due to the use of toxic
materials in the manufacture of electronic goods.5 Electronic and Electrical Equipment are
composed of an enormous amount of components. The e-waste has diverse compositions that
are classified as „hazardous‟ and „non-hazardous‟ categories. Many of them fall under the
hazardous category. Majority of these components contain toxic substances that have adverse
impacts on human health and the environment if not handled properly.6 Broadly, it consists of
ferrous and non-ferrous metals, plastics, glass, wood and plywood, printed circuit boards,
concrete, ceramics, rubber and other items. Iron and steel constitute about 50% of the waste,
followed by plastics (21%), nonferrous metals (13%) and other constituents. Non-ferrous
metals consist of metals like copper, aluminium and precious metals like silver, gold,
platinum, palladium and so on. E-waste is not hazardous per se. However, the hazardous
constituents present in the e-waste render it hazardous when such wastes are dismantled and
processed, since it is only at this stage that they pose hazard to health and environment.
Electronics and electrical equipment seem efficient and environmentally- friendly, but there
are hidden dangers associated with them once these become e-waste. The harmful materials
contained in electronics products, coupled with the fast rate at which we’re replacing

3
Ramchandra T.V. & Saira Varghese K., Environmentally Sound Option for E Waste Management, (February
20, 2018, 10:04 PM) http://wgbis.ces.iisc.ernet.in/energy/paper/ewaste/ewaste.html
4
http://ijsetr.org/wp-content/uploads/2014/06/IJSETR-VOL-3-ISSUE-7-1910-1914.pdf
5
KURIAN JOSEPH, ELECTRONIC WASTE MANAGEMENT IN INDIA–ISSUES AND STRATEGIES,
(February 20, 2018, 11:15 PM),
http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan037140.pdf
6
Anwesha Borthakur & Pardeep Singh, Electronic Waste In India: Problems and Policies, (February 20, 2018,
11:20 PM),
https://www.researchgate.net/publication/257326111_Electronic_waste_in_India_Problems_and_policies
outdated units, pose a real danger to human health if electronics products are not properly
processed prior to disposal. Electronics products like computers and cell phones contain a lot
of different toxins. For example, cathode ray tubes (CRTs) of computer monitors contain
heavy metals such as lead, barium and cadmium, which can be very harmful to health if they
enter the water system. These materials can cause damage to the human nervous and
respiratory systems. Flame-retardant plastics, used in electronics casings, release particles
that damage human endocrine functions. These are the types of things that can happen when
unprocessed e-waste is put directly in landfill.7 Due to the presence of elements like lead,
mercury, arsenic, cadmium, selenium, hexavalent chromium, and flame retardants beyond
threshold quantities e-waste become hazardous in nature. It contains over 1000 different
substances, many of which are toxic, and creates serious pollution upon disposal. Obsolete
computers pose the most significant environmental danger and threat to human health among
the e-wastes.8 Often these hazards arise due to the improper recycling and disposal processes
that are in practice in most of the developing countries including India. Such offensive
practices can have serious aftermath for those staying in proximity to the places where E-
waste is recycled or burnt.

There are 20 to 50 million metric tons of ewaste from around the world that are disposed
every year. Out of this number, only 12.5 percent is being recycled. This means that a huge
percentage of ewaste ends up in landfills. Compared to general waste, the rate of ewaste
being sent to landfill is said to be three times higher. Ewaste at landfills tend to contaminate
the soil and water with harmful toxic materials such as cadmium, mercury and lead. Apart
from polluting landfills, ewaste also creates serious health implications to humans by way of
chemical leaching into the water and agricultural produce. 9 Electronic waste affects nearly
every system in the human body because they contain a plethora of toxic components
including Mercury, Lead, Cadmium, Polybrominated Flame Retardants, Barium and Lithium.
Even the plastic casings of electronics products contain Polyvinyl Chloride. The health
effects of these toxins on humans include birth defects, brain, heart, liver, kidney and skeletal

7
Rohit Sharma, E Waste Management Issues, Challenges and proposed Solution,
http://www.legalservicesindia.com/article/2249/E-Waste-Management-Issues-Challenges-and-Proposed-
Solutions.html
8
Dr. Devendra S Verma & Shekhar Agrawal, E-waste management in India: Problems and Legislations,
(February 20, 2018, 10:04 PM), http://ijsetr.org/wp-content/uploads/2014/06/IJSETR-VOL-3-ISSUE-7-1910-
1914.pdf
9
How E waste Pollution And Contamination Affect Human Health https://www.ewaste.com.au/ewaste-
articles/how-ewaste-pollution-and-contamination-affect-human-health/
system damage. They will also significantly affect the nervous and reproductive systems of
the human body.10

INDIAN POSITION

Much of the 40 million tonnes of electronic waste produced around the world old
smartphones, TVs, laptops and obsolete kitchen appliances finds its way illegally to Asia and
Africa every year.11 Developing countries with rapidly growing economies handle e-waste
from developed countries, and from their own internal consumers. Currently, an estimated 70
percent of e-waste handled in India is from other nations, but the UNEP estimates that
between 2007 and 2020, domestic television e-waste will double, computer e-waste will
12
increase five times, and cell phones 18 times. The Indian subcontinent has turned into an
important destination for European waste. This goes beyond e-waste to include household
waste, metals, textiles and tires which are exported to India and Pakistan.

IT and telecom are two fastest growing industries in the country. India, by 2011, has achieved
a PC penetration of 95 per 1000 from the 14 per 1000 in 2008. Indians do not junk their
mobiles, but pass them on to a new low-end user who will, in turn, junk them in the flea
market from where the instruments make their way to the Kabadiwallas. India is the fifth
biggest producer of e-waste in the world; discarding 1.7 million tonnes (Mt) of electronic and
electrical equipment in 2014. India is the fastest growing market in the world for smartphones
with 27 million units shipped in the second quarter of 2016 alone. In India E-waste
collection, transportation, segregation, dismantling, recycling and disposal is done manually
by untrained labours in informal sector. Due to low awareness and sensitization e-waste is
thrown along with garbage which is collected and segregated by rag pickers. E-waste
contains reusable and precious material. Rag pickers sell this E-waste to scrap dealers and run
their livelihood. The scrap dealers supply the E-waste to recycling industries. The recyclers
use old and hazardous technologies and equipment, to recycle/treat the e-waste. India's

10
Harmful Effects Caused by Improper Computer & Electronic Waste Recycling
http://www.greencitizen.com/learn-more/harmful-effects/
11
India, a victim of e-waste crime, http://www.thehindu.com/sci-tech/energy-and-environment/india-a-victim-
of-ewaste-crime/article7202265.ece
12
Lucy Mc Allister, The Human and Environmental Effects of E waste
http://www.prb.org/Publications/Articles/2013/e-waste.aspx
produces nearly 12.5 lakh MTs of E-waste every year. India ranks 155 out of 178 nations in
Environmental Performance Index.13

RECYCLERS IN INDIA

Ninety-five percentage of the ewaste in India is being recycled in nonformal sector and five
percentage of the ewaste volume are handled in formal unit. In and around of metropolitan
cities in India, there are over 3000 units engaged in non-formal sector for e-waste recycling.
Non-formal units of e-waste recyclers are distributed all over India. This recycling method
has low efficiency and recovery is carried out only for valuable metals like gold, silver,
aluminum, copper, etc. Other materials such as tantalum, cadmium, zinc, palladium etc. could
not be recovered.14

Few formal recyclers are operating in India. The processes followed in formal sector are
mainly limited to the segregation, dismantling of e-waste till the size reduction stage of
printed circuit boards (PCBs). The recycling/ recovery of valuables substances by units in
formal sector is carried out in protected environment and with due care to minimize any
damage to the environment or society. The use of advanced processes and technologies leads
to efficient recovery of metals. Recovery technology by units in formal sector will be
economically viable as the high cost of capital equipments and needed techniques could be
shared by the volume of products. Efficiency of recovery in the formal recycling is high and
metals at the trace level can also be recovered.

E WASTE LEGISLATION IN INDIA

In India, a lot of discussion and concern has now started regarding the e-waste management.
The solid waste management process is defined in the Indian constitution under twelfth
schedule and in municipal solid wastes (management & handling) rules, 2000 enacted by
central government. These rule provide some guidelines for the management of the e-waste
and can be used as a model in the e-waste recycling and disposal scheme. But there is no

13
Rohit Sharma, E Waste Management Issues, Challenges and proposed Solution
http://www.legalservicesindia.com/article/2249/E-Waste-Management-Issues-Challenges-and-Proposed-
Solutions.html
14
Dr. S. Chatterjee, Electronic Waste and India
http://meity.gov.in/writereaddata/files/EWaste_Sep11_892011.pdf
proper rule or regulation mainly for e-waste treatment.15 Some of the rules and regulation
which are made related to e-waste are as follows:

The Hazardous Waste (management and handling) Rules, 2003

Under Schedule 3, E- waste is defined as “Waste Electrical and Electronic Equipment

includng all components, sub- assemblies and their fractions except batteries falling under
these rules”. The definition provided here is similar to that of Basal Convention. This rule
categorized e-waste or its constituents under „hazardous‟ and „non-hazardous‟ waste. As per
the rules, “hazardous waste” is defined as any waste which by reason of any of its physical,
chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or
is likely to cause danger to health or environment, whether alone or when in contact with
other wastes or substances. E- waste is only briefly included in the rules with no detail
description.

Guidelines for Environmentally Sound Management of E- Waste, 2008

This guidelines was a Government of India initiative and was approved by Ministry of
Environment and Forest and Central Pollution Control Board. It classified the E- waste
according to its various components and compositions and mainly emphasises on the
management and treatment practices of E-waste. The guidelines incorporated concepts such
as “Extended Producer Rsponsibility”. After the approval of company‟s bill 2012 in the
Rajya Sabha, it has become compulsory for the corporations to spend 2% of the net profits on
Corporate Social Responsibility (CSR) activities. This will promote the equitable and
sustainable growth in the country.16

The E-waste (Management and Handling) Rules, 2011

The E-waste (Management and Handling) Rules, 2011 ("E-waste Rules") aim at putting in
place an environmentally sound e-waste management system9 by regulating issues of
disposal, import and recycling of e-wastes. The E-waste Rules apply to every producer,
consumer or bulk consumer (including factories under Factories Act) involved in the

15
Dr. Devendra S Verma & Shekhar Agrawal, E-waste management in India: Problems and Legislations,
http://ijsetr.org/wp-content/uploads/2014/06/IJSETR-VOL-3-ISSUE-7-1910-1914.pdf
16
Dr. Devendra S Verma & Shekhar Agrawal, E-waste management in India: Problems and Legislations,
http://ijsetr.org/wp-content/uploads/2014/06/IJSETR-VOL-3-ISSUE-7-1910-1914.pdf
manufacture, sale, purchase, and processing of electrical and electronic equipment or
components, along with all collection centres, dismantlers and recyclers of e-waste.17

According to the newspaper (Business Standard, Dec 25, 2013) a study “e-waste management
in India- Role of state agencies” done by Toxics Link reveal that most of the Indian states
have failed to implement e-waste rules in the country which came into being in 2011. The
study also reveals that lack of efforts and action is made by most state pollution control board
and committees. This shows that ewaste (management and handling) rules, 2011 are not
properly implemented in the country.

Legal Analysis of E-waste in India

The Indian judiciary has played an active role on issues relating to management of hazardous
wastes. An important development triggered by the Supreme court of India was the
establishment of technical and monitoring bodies to assist the court.

The Supreme Court in a Writ Petition18 filed by Research Foundation for Science Technology
and Natural Resource Policy vs Union of India19 and others, interalia directed the Central
Government to constitute a Monitoring Committee to oversee timely compliance of his
directions given in different regulatory mechanism to control E-waste and its environmental
effects. Keeping in Supreme Court guidelines, many states like Delhi, Maharashtra,
Karnataka, etc, has notified a set of hazardous waste laws to effect the guidelines of Supreme
Court. The Supreme court also constituted a Technical Expert committee through an order
dated 6 September 2007.

The Supreme court has used these institutions and assumed the role of a regulatory and
monitoring agency in the context of hazardous wastes. For example, when the court was
faced with the question relating to dismantling of a ship in the Blue Lady case, it relied on the
report of the TEC and granted permission to the recycler to dismantle the ship.

Conclusion

Current sociologist and criminologist recognize this human-caused environmental damage is

seen as one of the major contributors to contemporary ‘risk society’. In which the
industrialization, urbanization pollution and other man made hazard made this contemporary

17
Arya Tripathi , India: Waste Management In India: An Overview
http://www.mondaq.com/india/x/396342/Waste+Management/Waste+Management+In+India+An+Overview
18
(Civil) No. 657 of 1995.
19
AIR 2003, SC
society worth calling a risk society. This problem of illegal transports (in form of second
hand goods) of e-waste illustrated that the line between legal and illegal activities and actors
is often thin. As with other environmental issues, it is not always easy to determine what is
right and wrong because these definitions change, along with the perspectives taken in
different times and places. It is nevertheless important to continue discussing environmental
issues within the field of criminology precisely because of this thin line between
environmental crimes and harmful effects that are not (yet) criminalized. The green
criminology included itself this problem in the form of green crime as a precaution and it’s
the time to name this environmental harm and imposes penalty upon those who are doing this
trade without any government rules. India though a signatory of basal convention and
proposed recent legislation namely E- waste (management) rules, 2106 and Hazardous and
other waste (management and trans boundary movement) rules, 2016. These documents
content some of the global slandered rules and regulation with respect to E-waste disposal
and management. It include The rules propose to extend producers’ responsibility to the post-
consumer stage of the product life cycle and fix their responsibility for collection of end of
life products and to ensure that such wastes are channelized for safe handling The e-waste
industry which is growing day by day has neglected victimization perspective in true sense.
The disposal and recycling process contain multiple stages and at each stage the workers
suffers the hazardous consequences. While the industries are growing with the rate of 10%
every year it’s my opinion that the safety issues and working condition has been
deteriorating. The consequences of e-waste transports also affect humans. However, the
harmful effects are not always immediately noticeable, which brings the risk of this type of
environmental crime being considered simply a ‘victimless’ crime. It is my assertion that to
call them just a victimless crime will be injustice to them as they are the victim of poverty
itself.