Assessing the Efficacy of Hazardous Waste Management Laws: A Critical Analysis of Environmental Protection and Regulatory Frameworks in India
Year: 2025
Type: article
Abstract: India's rapid modernization and growing economy have caused a big rise in the amount of Hazardous and Other Wastes (HOW) that is produced. This study critically evaluates the effectiveness of India's hazardous waste management regulatory system, namely the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (HOW Rules, 2016), established under the Environment (Protection) Act, 1986. The regulatory framework is extensive and conforms to international agreements such as the Basel Convention; however, its practical effectiveness is significantly undermined by ongoing obstacles, including insufficient infrastructure, enforcement shortcomings, and the intricate relationship between federal and state authorities. This research examines the framework's intrinsic strengths and shortcomings, evaluating compliance rates, technology capabilities, and the pivotal role of the Indian Judiciary, especially the Supreme Court and the National Green Tribunal (NGT). The judiciary has aggressively reaffirmed environmental concepts like the "Polluter Pays" Principle, the Precautionary Principle, and the idea of Absolute Liability via major court judgments. This is typically done to make up for the lack of action by the administrative and regulatory bodies. The research suggests that for the HOW Rules, 2016 to be genuinely successful, a move from simple statutory existence to strict, outcome-oriented enforcement, backed by technical enhancements and enhanced institutional capacity, is needed. India's hazardous waste management is a critical sector for the environment and public health, and the rules are changing in response to court cases and policy needs. This article critically analyzes the effectiveness of current hazardous waste management legislation, particularly in light of the 2025 changes, as well as the related environmental protection and regulatory frameworks. The research indicates significant advancements in legal rigor and digital oversight; yet, it underscores ongoing implementation difficulties, infrastructure deficiencies, and the need for integrated, technology-driven, and participatory governance to achieve sustainable hazardous waste management.
Author: Araj, Manisha Sureshchandra
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7108621666
FWCI:
Cites:
Cited by:
Related to: