Author: Nyasa Tahim, a student of Vivekananda Institute of professional studies, IPU.
Abstract
As rightly stated by Justice D.Y Chandrachud, “Where the health of the environment is key to preserving the right to life as a constitutionally recognised value under Article 21, environmental governance is founded on the rule of law.” E-waste management is directly linked with human rights and protection of environment since e-waste is an integral part of various sectors of our society.
Introduction
Electronic waste, also known as e-waste or discarded electronic equipment or products. is one of the rapidly growing environmental problems of the world affecting humans at large. E-waste has a wide interpretation since it includes all the electronic plugs, wires, cells, cars, batteries, computers, phones, LED bulbs, televisions, machines, toys and endless products. The management of electronic waste is considered as an alarming issue worldwide, as the mismanagement leads to affecting human rights at large; it affects right to clean and healthy environment and right to livelihood and dignity. With the rise in e waste generation, proper e-waste management is required for eradication of risk to health of individuals.
National and International Conventions on E-Waste Management
E-waste management is a global issue for which the countries have come together many times in the past to discuss and find solutions to this alarming issue internationally. Both at the national and international level, conventions and rules recognize that unregulated e-waste not only pollutes air, water, and soil but also violates fundamental rights of individuals and communities. India has established E-Waste (Management) Rules, 2016 (amended in 2022).
Some of the conventions that recognized the importance of e-waste management are-
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989). The main aim was to minimise hazardous waste generation and prevent illegal dumping, especially in developing countries and ensure environmentally sound management.
By ratifying the Basel Ban Amendment in 2019, India set a clear precedent that it will not tolerate being treated as the “dumping ground” for developed nations’ hazardous e-waste. India’s ratification of the amendment sent a strong signal that it will not allow its people’s right to a clean environment to be violated by becoming a dumping ground for richer nations.
UN Sustainable Development Goals (SDGs); India connects e-waste management to these goals, especially SDG 12 which is Responsible Consumption and Production and SDG 3 which is Good Health and Well-Being. India tends to protect human kind and eradicate this alarming issue from the society.
The Universal Declaration of Human Rights (UDHR, 1948) under Article 25 of the UDHR states that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care.” Although the UDHR is not legally binding, it has shaped international human rights law and established that environmental degradation that threatens health, food, water, or housing amounts to a violation of basic human dignity. hen toxic materials from discarded electronics contaminate soil, groundwater, and air, they directly undermine the standard of living required for health and well-being.
Importance of e-waste management
E-waste management is important not just for pollution control, but also for protecting human rights, creating jobs, and fulfilling India’s international environmental commitments. It is both an environmental necessity and a human rights obligation.
Protection of human rights
E-waste contains various hazardous substances like lead, mercury, and other substances which could affect human health in a hazardous way.
Informal recycling like open burning, acid leaching exposes workers, who are often children and women to toxic gases and chemicals, leading to respiratory diseases, cancers, neurological and reproductive disorders.
Human Rights Protection
Mismanagement of e-waste disproportionately affects vulnerable communities, mostly informal workers, slum dwellers, and children. Human rights are basic to each and every life on this planet, humanity is the source of happiness and togetherness.
Environmental Sustainability
Improper disposal of e-waste contaminates soil, groundwater, and air, causing long-term ecological damage and environmental degradation.
Methods of e-waste management followed in India
The formal and safe methods of e-waste disposal are;
Recycling in Authorised Facilities
There is an established procedure under chapter III of the 2016 rules of e-waste management, granting established procedures for proper disposal of e-waste in a proper manner. Recycling e-waste from landfills reduces methane emissions, which are 25 times more potent than carbon dioxide at trapping heat in the atmosphere.
Scientific Landfilling
The non-recyclable products such as broken plastics, glass are sent to landfills, and it prevent harmful substances from contaminating soil and groundwater, providing safe and healthy environment to individuals.
Informal waste pickers help clean up India’s cities by recycling approximately 20% of the waste generated. However, these waste pickers still do not have formal recognition, equal rights, secure and safe livelihoods and dignity.
Some of the informal and unsafe methods of e-waste management;
Manual Dismantling without Safety Gear
This is a dangerous process which affects the manual workers intensely, as it affects their health and causes illness. Workers, including children, dismantle electronics using hammers, bare hands which violates their human rights of clean environment, living with dignity and even a right to safe working conditions. Just to make money, vulnerable groups tend to lead dangerous works which violates their human right.
Open Burning of e-waste
Open burning of e-waste is a hazardous way of e-waste management as it could produce hazardous chemicals, gases and substances which could affect human lives to an extent of causing death. Every individual has human rights to protect themselves; open burning could affect the ones doing it and the ones who are living nearby. Thus, this practise violates the human rights as it infringes right to health and right to clean air for workers and nearby residents.
Open Dumping in Landfills or water bodies
In a huge country like India, illegal dumping of e-waste from developed countries is a common practise and with the production of such huge amounts of e-waste, open dumping practises are conducted. E-waste is openly dumped without any precautions or authorisation from authorities which causes health issues to residents living nearby and the workers conducting such dumping practises, it even leads to soil and groundwater contamination. This practise Denies communities human right to a healthy environment.
Article 21 of the Indian Constitution and e-Waste
Article 21 of the Indian constitution states:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Indian courts have expansively interpreted “life” to mean more than mere survival. It includes right to health, livelihood, and a clean environment, all of which are threatened by improper e-waste management. There have been judicial advancements and expansions to Article 21; right to life and dignity also include right to a clean environment, right to healthy working conditions, right to health and right to livelihood.
There have been various judicial pronouncements elaborating on such expansions, Article 21 is an umbrella article and has emerged over the years. In the landmark judgment of Olga Tellis v. Bombay Municipal Corporation (1985), livelihood was recognized as an inseparable part of life under Article 21. Right to clean environment has been incorporated and expanded under M.C. Mehta vs Union of India.
In the landmark judgment of Research Foundation for Science v. Union of India (2005 & 2012) the Hon’ble Court banned the import of hazardous waste into India. The Hon’ble Court prohibited illegal dumping of waste and reinforced Basel Convention obligations.
Challenges faced by Indian society in e-waste management
Dominance of Informal Sector (90% of e-waste processed informally).
Weak Implementation of Laws despite EPR.
Inadequate Recycling Infrastructure compared to e-waste generated.
Lack of Consumer Awareness about safe disposal.
Hazardous Nature of e-waste leading to soil, air, and water pollution.
Economic Barriers as safe recycling is costly.
Illegal Imports despite Basel restrictions.
Solutions to improper e-waste management
As per section 16 of e-waste management act, 2016, there can be a reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares. This would lead to less generation of hazardous e-waste and protect the human’s lives from getting affected. The environment would not get degraded and humans will achieve their fundamental right of a clean and healthy environment.
As per records, in Delhi alone, more than 25,000 people earn a living from e-waste handling, collection, dismantling and metal extraction. An NGO, Chintan works in partnership with waste pickers, buyers and small scrap dealers. More than 2,000 waste pickers have been trained on how to deal with e-waste in a safe manner in order to protect their human rights. E-waste is usually burned or dumped in a landfill instead of collected directly from households, schools and businesses and recycled safely. This initiative also negotiates for the best rates from recycling companies for e-waste, so that waste pickers can earn more money. This has increased their incomes by 10-30%.
Landfill and dumping must be reduced and practises of Recycling & Reuse must be enhanced. More authorized e-waste recycling plants could be established with modern technology. Policies of providing subsidies/tax benefits to recyclers would lead to enhancement in this practise of recycling. The authorised recycling practises must be undertaken and the practise of repair, refurbish, reuse electronics must be used instead of discarding and dumping. It will protect human right to environment and right to livelihood by creating green jobs and get safe working conditions.
By regulating and training informal sectors, and promising a job to vulnerable sections of the society, the e-waste management could be regulated. Awareness could be spread among buyers and refurbished sellers through campaigns and by providing subsidies in recycling processes. It will empower citizens to exercise their duty towards environment, Article 51 of the Indian constitution.
Stronger monitoring policies could be established by government and authorities with strict liabilities. This would reduced illegal dumping and hazardous handling of e-waste by informal sectors. Stricter policies could even help in converting the informal sector into formal by providing training to vulnerable groups.
Conclusion
E-waste management is inseparable from the protection of human rights under Article 21, which guarantees the right to health and a clean environment. Unregulated e-waste violates these rights by exposing people to toxic hazards and degrading natural resources. India’s legal framework and international commitments make it clear that responsible e-waste management is a human rights obligation essential for sustainable development. India’s adoption of the E-Waste (Management) Rules, 2016 (amended in 2022), along with its commitments under the Basel Convention, Basel Ban Amendment, and international human rights commissions such as UDHR and ICESCR, demonstrates environmental protection with the protection of fundamental rights. This framework highlights that the State carries a dual obligation: to safeguard the environment and to secure the basic human rights of its citizens.
References
E-Waste (Management) Rules, 2016 and 2022 amendment
Constitution of India
Articles of UNFCC
FAQs
1. What is e-waste?
E-waste, or electronic waste, refers to discarded electrical and electronic equipment such as computers, phones, televisions, wires, batteries, LED bulbs, cars, and other gadgets. It is one of the fastest-growing environmental problems globally.
2. Why is e-waste management important?
Protects human rights such as the right to health, livelihood, and dignity.
Prevents toxic substances like lead, mercury, and cadmium from polluting soil, air, and groundwater.
Ensures environmental sustainability.
Creates green jobs and supports India’s international commitments.
3. How is e-waste linked to human rights?
Improper e-waste disposal affects the right to life under Article 21 of the Indian Constitution, which includes the right to health, clean environment, and livelihood. Informal workers, slum dwellers, and children suffer most due to unsafe recycling practices like burning and acid leaching.
4. What national rules exist for e-waste management in India?
India has the E-Waste (Management) Rules, 2016, amended in 2022, which:
Mandate Extended Producer Responsibility (EPR).
Encourage recycling in authorized facilities.
Regulate safe disposal methods.
Promote reduction in hazardous substances in electronics.
5. What are the key international conventions on e-waste?
Basel Convention (1989): Controls transboundary movement of hazardous waste.
Basel Ban Amendment (2019): Prohibits developed nations from dumping hazardous waste in developing countries; India ratified it.
UN Sustainable Development Goals (SDGs): SDG 12 (Responsible Consumption) & SDG 3 (Health & Well-being).
Universal Declaration of Human Rights (1948): Article 25 ensures a standard of living adequate for health and well-being, indirectly linked to clean environment.
References
1 Article 21 of the Indian constitution
2 AIR 1986 SUPREME COURT 180
3 2007 AIR SCW 5851
