The Madras High Court has taken a firm stand against the practice of developed countries exporting toxic and hazardous waste to developing nations, a practice it terms as ‘waste colonialism’. In the case of Sripathi Papers Vs Commissioner of Customs, Justice D Bharatha Chakravarthy directed that illegally imported municipal solid waste must be returned to its country of origin.
Waste Colonialism: A Growing Concern
The court highlighted the issue of ‘waste colonialism’, wherein developed nations, either directly or through unscrupulous exporters, aim to offload their waste disposal burdens onto developing countries. This practice, according to the court, poses significant threats to environmental justice, public health, and ecological security.
The Case of Sivakasi Paper Companies
The ruling came during the hearing of petitions from two Sivakasi-based paper firms, Sripathi Paper and Boards Private Limited and Rajarajeswari Krafts Private Limited. These companies had sought permission to redirect illegally imported municipal solid waste to the UAE, a third country. Initially declared as waste paper, inspections by Customs authorities and the Tamil Nadu Pollution Control Board revealed that the containers contained municipal solid waste, including used PET bottles, street sweepings, food-paper waste, plastic parcels, broken glass bottles, plastic containers, and soft-drink cans.
Court’s Firm Stance on Re-export
Justice Chakravarthy denied the companies’ plea to send the waste to Dubai, emphasizing that ‘re-export’ as per Rule 15(2) of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, mandates returning the waste to its original export country, not a third nation. The court further criticized the petitioners’ attempt to bypass this obligation through private arrangements, terming it a “conspiracy” rather than a legitimate request.
Basel Convention and India’s Waste Management
The court underscored the Basel Convention’s requirement to return illegally trafficked waste to the export state, rejecting any deviation from this international mandate. Additionally, the court dismissed the alternative request to dispose of the waste within India, emphasizing that such actions would contradict the nation’s sovereignty and citizens’ right to life.
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India’s Waste Management Challenge
Highlighting India’s existing burden of managing over 1.7 lakh tonnes of municipal solid waste daily, the court questioned the rationale behind importing waste paper when recyclable materials are available domestically. The petitions were dismissed with directions to re-export the consignments to their countries of origin, and costs of ₹10,000 were imposed on each petitioner.
Representing the petitioners was advocate Hari Radhakrishnan. The Customs authorities and Directorate of Revenue Intelligence were represented by Senior Standing Counsel R Gowri Shankar, while advocate Madhuri Donti Reddy appeared for the Tamil Nadu Pollution Control Board. Advocate P Giridharan represented Maerskline India, and Deputy Solicitor General K Govindarajan appeared for the Union government.
