Author: Kashish Varshney, Barkatullah University, Bhopal
To the Point
E-waste is now growing faster than our ability to recycle it. An exponential increase in electronic consumption has resulted in a parallel escalation in discarded e-products. Lack of awareness and not having the appropriate skill to manage it have further worsened the problem. So, waste electrical and electronic equipment is becoming a major concern for all countries across the world. Globally, e-waste constitutes more than 5% of the municipal solid waste. It is therefore crucial to ensure that e-waste is managed in an environmentally and socially sustainable manner.
India’s legal response to this growing problem has evolved over the years, but the question remains: Can the law keep pace with the country’s digital dump?
Use of Legal Jargon
EPR
Extended Producer Responsibility
Producers are legally mandated to ensure the collection and recycling of their products once they reach end-of-life.
Environmental Compensation
Penalty for non-compliance with EPR targets.
The Proof
Year
E-waste generated (in MT)
Growth Rate
2019-2020
1.01 million
–
2023-2024
1.75 million
Increase 73% in 5 years
2025 (projected)
2.1 million+
Increasing
Only 22% of e-waste is formally collected and recycled.
Over 90% is handled by the informal sector, often using unsafe methods.
Institutional Framework
Central Pollution Control Board
The apex regulatory body for e-waste in India, it is entrusted with the implementation of policies and oversight of compliance across the nation.
State Pollution Control Board
Implementing authorities at the state level, responsible for enforcing rules and regulations.
Ministry of Environment, Forest, and Climate Change
Oversees e-waste management policy and provides guidance.
E-waste Management Framework in India
Environment Protection Act, 1986
It has been enacted to punish people responsible for causing any form of pollution by paying for the damage done to the environment.
According to this act, the “Polluter Pays Principle” means anyone causing a damaging form of pollution will pay for the damage caused.
Violation of any provision of this Act may result in legal penalties.
E-waste (Management) Rules, 2011
India became the first South Asian country to introduce e-waste-specific rules.
These rules provided the first guidelines for e-waste management in India, focusing on reducing, reusing, and recycling e-waste in India.
E-waste (Management) Rules, 2016
These amended rules emphasized Extended Producer Responsibility (EPR), making manufacturers responsible for e-waste management.
E-waste (Management) Amendment Rules, 2018
Further amendments aimed to improve e-waste management, including increased recycling targets and stricter guidelines.
E-waste (Management) Rules, 2022
It aims to reduce electronic waste generation and promote sustainable practices in India. These rules emphasize EPR, making manufacturers accountable for waste management.
E-waste (Management) 3rd Amendment Rules, 2024
Increased Recycling Targets
Raises recycling targets for manufacturers to 70% by 2025 and 90% by 2030.
Expanded Producer Responsibility
Includes newer electronic products under EPR.
Improved Collection Mechanisms
Introduces doo-to-door collection, drop-off points, and online platforms for e-waste collection.
Stricter Penalties
Imposes fines & penalties for non-compliance with e-waste management regulations.
Success Stories
Infosys’ E-Waste Recycling Program
It was launched in 2007 and aims to reduce electronic waste generation, promote sustainable disposal practices, and conserve natural resources. The program collects, sorts, and recycles e-waste through authorized partners, ensuring secure data destruction.
Infosys has recycled over 14,000 tons of e-waste, reduced generation by 30%, and trained 200,000 employees. The company’s efforts have earned several rewards, serving as a model for sustainable e-waste management.
TCS E-Waste Management
TCS has implemented a comprehensive e-waste management program to minimize its environmental footprint. Launched in 2008, the program focuses on reducing, reusing, and recycling e-waste.
TCS has established e-waste collection centres, partnered with authorized recyclers, and implemented data destruction protocols.
The company has recycled over 12,000 tons of e-waste, achieved a 95% recycling rate, and reduced e-waste generation by 25%.
Abstract
India is the third-largest generator of electronic waste globally, producing over 1.75 million metric tons in 2023-2024 alone. India saw the highest 163% growth globally in generating e-waste from screens, computers, and small IT and telecommunication equipment between 2010 and 2022, according to a UN Trade and Development report.
E-waste is not hazardous if it is stocked in a safe stage or recycled by scientific methods or transported from one place to the other in parts or in totality in the formal sector.
It can, however, be considered hazardous if recycled by preventive methods. It contains several substances, such as heavy metals. Plastics, glass, etc., which can be potentially toxic and hazardous to the environment and human health if not handled in an environmentally sound manner. Despite the enactment of the E-Waste (Management) Rules, 2022, and the introduction of Extended Producer Responsibility (EPR), enforcement gaps, informal sector dominance, and lack of public awareness continue to hinder progress.
State-and city-wise e-waste generations in India
In India, among the top 10 cities, Mumbai ranks 1st in generating e-waste, followed by Delhi, Bangalore, Chennai, Kolkata, Ahmedabad, Hyderabad, Pune, Surat, and Nagpur.
Among the top e-waste-generating states in India, Maharashtra leads the chart, followed by Tamil Nadu, Andhra Pradesh, Uttar Pradesh, West Bengal, Karnataka, Delhi, and Gujarat. Collectively, 65 major cities account for over 60% of the country’s total e-waste, while just 10 states contribute nearly 70% of the overall electronic waste generated nationwide.
Impact
On environment
Electronic waste is increasingly emerging as a driver of environmental decline. Whether it is emission of gases and fumes into the atmosphere, discharge of liquid waste into drains, or disposal of solid e-waste materials, all of this contributes to environmental pollution in some way or the other.
On humans
Electronic devices are composed of various hazardous materials, including lead, beryllium, cadmium, and plastics. If not properly disposed of, e-waste can pose severe risks to human health, biodiversity, and the environment.
Challenges in Implementation
Informal sector dominance
Weak enforcement
Lack of public awareness
Infrastructure gaps
Case Laws
1.Mahendra Pandey v. Union of India, 2021
Court: National Green Tribunal (NGT), 2019
Issue: Unregulated disposal of e-waste and black powder.
Held: The NGT directed authorities to ensure proper disposal of e-waste in compliance with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, and to submit regular reports on action taken.
2. Shailesh Singh v. State of Uttar Pradesh, 2022
Court: National Green Tribunal, 2019
Issue: Unscientific disposal of e-waste causing groundwater contamination and soil acidification.
Held: The NGT ordered the State Pollution Control Boards (SPCBs) and Central Pollution Control Board (CPCB) to take strict action against informal traders and ensure proper channelization of e-waste.
3. Devidas Khatri v. Secretary, MoEFCC, 2025
Court: National Green Tribunal, 2025
Issue: Illegal e-waste collection and recycling without authorization.
Held: The tribunal emphasized the need for strict enforcement of the E-Waste (Management) Rules, 2022, and directed the Ministry of Environment to strengthen monitoring mechanisms.
Conclusion
E-waste, arising primarily from the disposal of obsolete electronic devices, has rapidly become one of the fastest-growing domestic waste streams. This trend poses serious environmental and public health challenges, demanding robust and strategic management solutions. Effective monitoring and sustainable disposal practices are essential to ensure optimal resource recovery and mitigate the harmful effects of e-waste—aligning with the objectives of the Sustainable Development Goals (SDGs). India has established a legal and institutional framework for e-waste governance, with the Central Pollution Control Board playing a pivotal role in policy implementation, enforcement, and oversight.
Way Forward
Develop infrastructure for e-waste collection & recycling.
Strengthen regulations and enforcement.
Increase public awareness and education.
Provide economic incentives for recycling.
Invest in research and development.
Promote Extended Producer Responsibility (EPR)
Encourage circular economy practices.
Addressing these challenges requires a multi-stakeholder approach, including government, industry, civil society, and individuals.
FAQS
What is e-waste?
E-waste, or electronic waste, encompasses discarded electronic devices that are no longer wanted, non-functional, or obsolete.
Why is e-waste considered hazardous?
E-waste contains toxic substances like lead, mercury, cadmium, and brominated flame retardants. When improperly handled, these chemicals can leach into soil and water, harming humans, animals, and the environment.
Who enforce e-waste laws in India?
The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) are the main enforcement agencies. They monitor compliance, approve recyclers, and impose penalties for violations under the E-Waste Rules.
Can individuals face penalties for improper e-waste disposal?
Currently, the legal focus is on producers, bulk consumers, and recyclers. Individuals are encouraged to dispose of e-waste responsibly, but there are no direct fines for citizens—yet education and incentives are key.
What happens to e-waste sent to informal recyclers?
Informal recyclers use unsafe methods like open burning or acid baths to extract metals. This exposes workers to health risks and releases harmful pollutants into the air, soil, and water. It’s also illegal under current laws.