Editorial 1: A powerful judicial remedy for waste management

Context

Continuing mandamus could be the solution to address India’s massive waste management problem.

Introduction

India is the largest plastic polluter in the world, according to a new study published in Nature, releasing 9.3 million tonnes (Mt) annually. This accounts for about a fifth of global plastic emissions. The study defines plastic emissions as material (including debris and open plastic burning) that has moved from managed or mismanaged systems (where waste is somewhat controlled) to the unmanaged system (the environment, in an uncontained state) with no control.

Plastic Waste in India: Current Challenges and Solutions

• State of Waste Management in India: India’s dumpsites (uncontrolled land disposal) outnumber sanitary landfills by a ratio of 10:1.
  • Despite a claimed national collection coverage of 95%, official statistics exclude:
    • Rural areas
    • Open burning of uncollected waste
    • Waste recycled by the informal sector.
  • As a result, the official plastic waste generation rate of 0.12 kg per capita per day (kg cap−1 day−1) is likely underestimated, while waste collection is overestimated.
  • Study Findings: The actual plastic waste generation rate in India is 0.54 kg per capita per day.
• Plastic Waste in the Indian Himalayan Region: Lack of data regarding the quantum and quality of plastic waste in the region.
  • Limited capacity to manage plastic waste effectively.
• Waste Data Reporting and Transparency: Waste generation data is reported through the Central Pollution Control Board’s annual reports, based on information from State Pollution Control Boards (SPCBs) and municipal bodies.
  • Key Issues:
    • No clarity on the methodology used by SPCBs, PCCs, or municipal bodies.
    • Absence of waste audits explaining how the figures are derived.
  • The methodology used for data collection should be publicly disclosed and subjected to third-party scrutiny to ensure transparency and accuracy.
• Data Gaps and Rural Waste Management: No proper accounting of waste generated in rural India (which falls under Panchayati Raj institutions).
  • Lack of waste management systems in areas outside local self-governance institutions.
• Legal and Constitutional Perspective
  • Supreme Court Ruling: Environmental protection is a constitutional obligation aimed at safeguarding individual rights and ecological balance.

Urgent Need for Reliable Waste Data

Key Areas	Challenges	Proposed Solutions
Waste Generation Data	Inaccurate and incomplete data.	Publish data collection methodology and allow third-party audits.
Waste Management Infrastructure	Lack of clarity on the existing infrastructure for waste processing.	Geo-tagging infrastructure to track waste management efforts.
Rural Waste Management	Lack of waste management in rural areas.	Ensure all local bodies (urban/rural) are linked with waste management facilities.

Operationalizing Extended Producer Responsibility (EPR)

• Formation of Kiosks: Producers, importers, and brand owners (PIBOs) should establish kiosks to collect EPR-covered waste.
  • Kiosks should be strategically placed based on waste volume, geographic factors, and ease of access.
  • Local bodies, both urban and rural, should have easy access to these kiosks.
• Waste Segregation at Kiosks: PIBOs can employ people to manage waste segregation at kiosks, ensuring compliance with legal mandates.
  • This system, while complex, is achievable with proper planning and infrastructure.
• Leveraging Technology for Waste Management: India, being a technology leader, has the potential to use innovative solutions to track and manage waste generation and disposal.
  • By integrating technology with waste management systems, India can set a global example in tackling plastic waste.

Supreme Court Verdict on Vellore Tanneries Pollution

Date	Event
January 31	The Supreme Court issued a verdict on pollution caused by tanneries in Vellore, Tamil Nadu.
Court’s Directive	A continuing mandamus was issued to implement remediation programs to reverse the pollution.
Committee Formation	A committee was formed to report in four months on compliance.
Court’s Justification	The Court stressed that violations occur when directives and environmental norms are ignored, and the government plans fail. It vowed to protect the fundamental rights of the affected individuals.
Principle for Waste Management	The same approach should apply to waste management cases, ensuring time-bound compliance.

Focus on the polluter

• Court’s Stand on Polluter Pays Principle: The Court affirmed that the polluter pays principle imposes absolute liability for environmental harm, covering both victim compensation and the cost of restoring the environment.
• Remediation as Sustainable Development: Environmental remediation is part of sustainable development, with polluters liable for restoring damaged ecology and compensating individuals.
• Environmental Law Violations: Violations of environmental laws or failure to control pollution trigger the polluter’s liability, including:
  • Non-compliance with pollution control measures.
  • License violations or actions harmful to the environment.
• Polluter’s Liability: Polluters must compensate victims and restore the environment.
• Challenges in Compensation: Determining fair compensation is complex, considering both tangible and intangible damages.
• Government Pay Principle: The Court applied the Government Pay Principle, directing the government to compensate affected individuals and recover costs from polluters until the damage is reversed.

Conclusion

It is time for the waste management system in the country to be held responsible for the health of millions affected by the pollution of land, water, and air caused by unmanaged and mismanaged waste. In fact, continuing a mandamus could be the way forward to tackle urgent environmental issues and ensure compliance.

Editorial 2: ​ A Sri Lankan anti-terror law that needs repeal

Context

The Sri Lankan government must transform its pre-election promises into action and abolish the Prevention of Terrorism Act.

Introduction

In the many cycles of violence in Sri Lanka’s troubled history, “terror” has been a running theme. While the state — that has repeatedly demonstrated a majoritarian tendency — has never held a mirror to itself to acknowledge the violence that it has unleashed on civilians, it has often sought to justify using draconian measures to “counter” or “crush” anything that it deems “terror”.

The Prevention of Terrorism Act (PTA) and Its Legacy in Sri Lanka

• The Prevention of Terrorism Act (PTA), passed in 1979 under J.R. Jayawardene, has been a focus of attention for over 50 years.
• Modeled on South African and British anti-militancy laws, it replaced the Proscribing of LTTE and Other Organizations Law of 1978.
• Its goal was to eradicate the LTTE and other groups aiming for a separate Tamil state.
• Initially a temporary law, it became permanent in 1982.

Repressive Provisions of the Prevention of Terrorism Act (PTA)

• Administrative Detention: Long periods of detention without judicial oversight.
• Admissibility of Confessions: Confessions made to police officers are admissible as evidence.
• Failure to Inform: Failure to provide information to the police is made an offence.
• Widespread Abuse: Provisions are widely abused with impunity, as law enforcement faces no consequences even when false evidence is presented.
• Lack of Accountability: Errant police officers, even when found fabricating evidence or torturing suspects, face no consequences and continue their actions unchecked.
• Unsolved Crimes: Police officers, using forced confessions, would avoid investigating the actual culprits, leaving real offenders at large.
• Conviction of Innocents: Innocent individuals have been convicted based on forced confessions, such as the charge of ‘not providing information’ to the police.

Opposition and International Concern

• Opposition from Rights Defenders: Lawyers and human rights defenders in Sri Lanka have opposed the PTA, highlighting that existing laws could address national security threats without violating rights.
• International Concerns: Countries committed to democracy, including the European Union, have raised concerns about the PTA’s impact on human rights, leading to the suspension of Sri Lanka’s GSP+ status in 2010.
• Political Opponents and Minority Groups: The PTA has been used against political dissidents, government opponents, and minority groups.
• Case of Journalist J.S. Tissainayagam: In 2009, journalist J.S. Tissainayagam was sentenced to 20 years for an article accusing the government of starving Tamils during the war. He was later pardoned after international pressure, with the charge being that the article could cause communal disharmony.

A continuance with minor amendments

• PTA Remains Despite Promises: Successive Sri Lankan governments promised to repeal the PTA after the 2009 war, but the law still exists with only minor amendments.
  • A moratorium was announced on its use, yet arrests under the law continue even today.
• NPP’s Commitment to Repeal: President Anura Kumara Dissanayake’s NPP has pledged to repeal the PTA, both during its election campaign and after coming to power.
  • The pledge is taken seriously due to the JVP’s suffering under the law during the 1987-1990 uprising.
• Targeting Various Groups: Originally created to target Tamil militants, the PTA has also been used against Sinhalese (JVP) and more recently, Muslims following the 2019 Easter Sunday Attacks.

Campaign for a repeal

• 2021 Campaign for PTA Repeal: Led by the writer, alongside colleagues in Parliament and rights activists.
  • Island-wide signature campaign aimed at repealing the PTA.
  • Broad support across ethnic communities for the call to repeal the law.
  • NPP members also participated actively in all districts, showing strong backing for the repeal.
• Current Reluctance by NPP: Despite initial strong support for repeal, the NPP now seems reluctant to fully repeal the PTA.
  • Concern arises from the security sector, which has long used the PTA and may be resistant to its removal.
• Government’s Action (or Lack Thereof): A committee has been formed to consider the repeal of the PTA.
  • No significant progress or steps taken towards the repeal since then.
• NPP’s Shifting Stance: While in opposition, NPP firmly opposed replacing the PTA with another “humanitarian law,” insisting on full repeal.
  • In power, however, the NPP now discusses drafting a new law to replace the PTA.
• Previous Attempts at Replacement: Two drafts for a “replacement law” were proposed by successive governments.
  • Both drafts received widespread criticism from human rights activists for being potentially worse than the PTA itself.
• Call to Action: The repeal of the PTA remains crucial, and the NPP’s actions will serve as a key test of whether it can fulfill its pre-election promises.

Conclusion

We are closely observing the NPP’s actions regarding its commitment to repeal this draconian legislation, which undoubtedly needs to be abolished. The repeal of the PTA stands as the ultimate test of whether the government can turn its pre-election promises into reality.