There have been rapid technological advancements across several industries across the globe. With growing technology every day, come both the advantages and disadvantages associated with it. As stated by WWF as well – “while technology is a solution enabler, it can also be a part of the problem.”[1] In today’s times, developments in technology are transforming the way we live.
These developments help us in countless ways from tracking pollution, recycling, and managing waste to optimally utilizing the existing natural resources. While all these developments help us lead a sustainable future, an interesting irony emerges: the very technology introduced to protect our environment is acting against it by producing tons of electronic waste (“E-Waste”), exhausting the current resources, and emitting pollutants in the procedure of new manufacture.
Approximately 54 million metric tonnes of E-Waste is generated by phones, computers, and other electronic devices in a year.[2] This is equivalent to 7 kilograms for every single person on Earth; a quantity forecasted to become twofold by 2050 if no concrete actions are taken.[3] The majority of E-Waste is discarded, often to be filtered in low-income countries by informal sector workers, involving children, striving to extract useful materials at severe risk to their wellbeing.
This article aims to achieve three fundamental objectives: first, to understand the link between technology and the environment, as well as the current procedures for disposing of E-Waste; second, to analyse the laws governing this sector in India and other jurisdictions; and third, to identify the spheres where Indian law needs enhancement to strike a balance between sustainable development with technological advancement.
Technology: Friend Or Foe To The Environment?
Technology is continuously evolving and rapid advancements help preserve and also restore nature. It helps us utilise unlimited natural resources like wind, solar radiation, and hydroelectric energy to produce renewable energies, which in turn reduces our dependency on fossil fuels. The Internet of Things and Smart Sensors help in tracking the extent of pollution, consumption of water, and other resources, and the amount of waste generated.[4] This helps us keep track of and alter our actions to preserve the resources accordingly.
The advent of Artificial Intelligence (“AI”) and Machine Learning also makes working more efficient, accurate, and swift. It goes a long way in ensuring proper waste management by enabling sorting and separation of waste according to its type, monitoring of waste streams, and recycling the possible waste. It offers a holistic approach by maximising recycling to reduce the extraction of new resources, and effectually handling current waste to restore nature.
In contrast, the creation of these technologies entails intensive industrial processes and the release of harmful substances that severely pollute both air and water. This leads to detrimental health impacts as well as a waste of existing resources. Consequently, the UN’s Global E-Waste Monitor, 2024, ranks India as the third largest E-Waste producer globally.[5] The UNCTAD report also says that India evidenced the highest 163% growth worldwide in terms of the generation of E-Waste from Screens, Computers, and Small IT and Telecommunication equipment (“SCSIT”) between 2010 and 2022.[6]
The rapid pace of technological innovation and product obsolescence has led to a persistent call for new manufacturing, raising the need for mass production. This is worrisome as the production relies on an enormous quantity of natural resources including the extraction of minerals and fossil fuels. The environmental impact of E-waste presents substantial disposal challenges.
If not managed appropriately, the toxic substances in E-waste can leach into the subsoil and pollute water sources, ultimately threatening both environmental and public health. As a result, technological advancements have both positive and negative effects on the environment. This article principally focuses on the management of E-Waste generated by the ongoing advancements and daily production of new technology.
Analysing The Current Regulatory Framework
To streamline the procedure to refurbish and recycle E-Waste, the Government of India introduced the E-Waste (Management) Rules in 2016. The primary objective of these rules is to ensure transparency, and disposal of E-Waste in a manner that safeguards environmental and human health.[7] These rules also introduced the idea of Extended Producer Responsibility (“EPR”) which obligated the producer companies to recycle a minimum percent of the produced electronic goods.[8]
The idea was to hold producers accountable for the entire lifecycle of their creations and to ensure that they practice sustainable manufacturing procedures. However, ever since 2016, E-Waste rules have been amended recurrently to strengthen waste management systems, and recycling mechanisms, and improve the overall regulatory framework.[9] However, despite several measures taken by the government, certain regulatory gaps continue to hinder the proper implementation of these rules.
It is key to note that the process of E-Waste disposal involves numerous steps starting from collection of mixed waste, categorised sorting of waste, recovery of useful materials, and disposal of the residual while recycling. Data shows that 95% of the total E-Waste goes down into the hands of the informal sector,[10] which is ultimately responsible for handling hazardous substances in the E-Waste and its subsequent disposal. However, despite its significant contribution, the informal sector does not find any recognition in the amended rules.
Further, the 2016 Rules introduced the Producer Responsibility Organisation (“PRO”) framework, designed to act as an intermediary between the manufacturers and the recyclers.[11] PROs were accountable for ensuring that the E-Waste reaches the appropriate recyclers from the manufacturing units for environmentally sound disposal. However, the 2022 amendment wiped out the PRO mechanism, shifting the burden of effective disposal from producers to authorized recyclers,[12] solely obliging them to both collect and recycle the E-Waste.
This shift poses two primary challenges – firstly, the insufficient number of authorized recyclers may hamper waste collection, and secondly, PROs previously helped in negotiations between the two parties, and ensuring transparency in the recycling process. Hence, their elimination now will impede effective cooperation and recycling. Additionally, the elimination of mandatory filing and record-keeping requirements for generated E-Waste may lead to increased accountability challenges in managing records.
Moreover, with the removal of PROs responsible for channelising, the consumers are necessitated to hand over the old materials to the collection centres, which are responsible for further processing. Presently, most companies have their centres on the outskirts of cities, restricted to metropolises, making it difficult for consumers to reach these centres.
Consequently, consumers frequently resort to passing it down to their friends or families, or in some cases, to their local kabadiwalas. Contrarily, due to the high costs involved, door-to-door collection from consumers by companies is not a viable option.
The Delhi government announced plans for the country’s first E-Waste Park in 2021, but the progress has been slow. A senior official unveiled that devoid of the park, approximately 90% of Delhi’s E-Waste either winds up in landfill sites or ends up in the informal sector.[13] Here, it is processed in the open and without any guidance or safety measures. This has led to increasing quantities of PCBs, plasticizers, dioxins furans, and other hazardous substances in the subsoil of four metropolitan cities i.e., Delhi, Kolkata, Chennai, and Mumbai where E-Waste is predominantly recycled by the informal sector.[14]
Examining The Regulations In Other Jurisdictions
The aforementioned gaps in India’s E-Waste rules obstruct its proper implementation. Studying laws in other jurisdictions, especially the European Union (“EU”) and Japan, may help realise the areas of improvement and necessary alterations in the Indian legislation.
The EU and Japan have effectively executed EPR frameworks, necessitating manufacturers to dispose of E-Waste at the last of a product’s wheel of life.[15] Although India also incorporates an EPR model in its E-Waste rules, it encounters implementation challenges due to limited awareness and transparency issues. This gap may be bridged by employing stronger enforcement measures from the EU’s EPR model, like obligating businesses to establish sufficient collection centres and conducting regular audits to track compliance.[16]
Moreover, the EU Restriction of Hazardous Substances (“RoHS”) directive focuses on the usage of perilous elements in the Electrical and Electronic equipment (“EEE”). It explicitly curbs the employment of ten key hazardous substances in EEE.[17] Manufacturers, importers, and distributors are all obligated to comply with the RoHS directives to trade goods in the EU and the European Economic Area (“EEA”).[18] In India, the presence of hazardous compounds in E-Waste leads to harmful contamination.
This issue is exacerbated by the prevalent informal disposal mechanisms, which lack sufficient safety measures, putting both environmental and human health in peril. Adapting stricter regulations for product components, along with imposing penalties in situations of non-compliance like the RoHS directive may contribute to ameliorating E-Waste disposal and minimizing safety risks for the workers.
Furthermore, the EU and Japan have formal E-Waste recycling mechanisms in place for appropriate gathering, categorizing, and recycling of the generated waste.[19] In India, despite there being a formal E-Waste management framework, almost all E-Waste eventually falls into the care of the informal sector. This happens primarily due to the absence of sufficient incentives, resources, and consciousness.
Hence, it is vital to provide manufacturers with stronger incentives through improved EPR framework and recycling credits. Additionally, public outreach campaigns, and collecting drives may help in formalizing the unofficial recycling industry. Proper training, better employment possibilities, and improved working conditions may result in a gradual transition.
Findings And Potential Pathways
Although technology poses several risks, its usage is indispensable because of the efficiency that it offers. It is an incredibly powerful tool, which if used prudently can do wonders that one could never fathom. However, one of the primary downsides of its rising usage is the ever-rising waste, being generated progressively. Hence, it becomes paramount to incorporate effective means of management and disposal. The government has made several efforts, as noted above. Also, various initiatives are being taken by organizations like AICTE and Oppo India to spread awareness about responsible E-Waste management under the ‘Generation Green’ campaign.[20]
Further, ‘Chintan,’ cooperating with Delhi’s Pollution Control Committee, the Department of Environment, and Safai Sena, fosters waste pickers by educating them about cautious E-Waste collecting and recycling practices. This initiative aims to conserve resources, lessen pollution and methane discharges from landfills, and find sustainable job opportunities for waste pickers, boosting their income while curtailing health risks from noxious materials.[21] Furthermore, Sanjay Jangam from Bengaluru has come up with a unique solution – ‘EWA,’ offering 100% recyclable plant pots made by upcycling E-Waste.[22] Since even refurbishing and recycling E-Waste is a long and difficult procedure, these are some excellent solutions for the proper utilization of such waste.
While this indicates growth, much remains to attain the effective execution of the present regulatory framework. Analysing the efficacious E-Waste management systems in regions like the EU and Japan uncovers potential paths for advancement in India. These countries have successfully implemented EPR models, meticulous auditing systems, and perilous material constraints that India could incorporate. An all-embracing shift in India’s E-Waste management plan could encompass establishing more reachable collection centres, bolstering the EPR framework, and adopting RoHS-like guidelines to limit toxic substances in the manufacture of electronic products.
Looking ahead, India could augment its E-Waste management by emphasizing the formalization of the informal sector, incentivizing manufacturers and recyclers, and encouraging consumer awareness. By restoring intermediaries like PROs, mandating timely audits, and encouraging public-private collaborations, India can manage its E-Waste more effectively and lessen environmental impact significantly. Ultimately, a holistic approach, incorporating policy reforms, stakeholder engagement, and innovative recycling resolutions is critical in guaranteeing that technological progression and advancement align with sustainable development and environmental preservation.
[1] Proudfoot R and Kelley S. Can technology save the planet? WWF Australia, 5, 7 (2017).
[2] ‘How disposable tech is feeding an e-waste crisis,’ UNEP, (Nov. 7, 2024) https://www.unep.org/news-and-stories/story/how-disposable-tech-feeding-e-waste-crisis#:~:text=Some%2054%20million%20metric%20tonnes,2050%20if%20nothing%20is%20done.
[3] Id.
[4] Kamal R, ‘IoT-Based Smart Water Quality Monitoring: Evolution, Benefits, Challenges,’ Intuz, (Nov. 8, 2024) https://www.intuz.com/blog/iot-based-smart-water-quality-monitoring.
[5]UNITAR, Global E-Waste Monitor 2024, https://unitar.org/about/news-stories/press/global-e-waste-monitor-2024-electronic-waste-rising-five-times-faster-documented-e-waste-recycling.
[6]Electronic Cleaning and Flux Removals Materials Market, TechSci Research, https://www.techsciresearch.com/report/electronic-cleaning-and-flux-removal-materials-market/25416.html.
[7] E-Waste (Management) Rules in 2016
[8] Rule 3(t), E-Waste (Management) Rules, 2016.
[9] E-Waste (Management) Rules, CPCB, (Nov. 7, 2024) https://cpcb.nic.in/rules-6/.
[10] Dharna Tiwari et al., ‘Systemic Economic Viability of Informal Sectors: E-Waste Management,’ Nature Environment and Pollution Technology Journal, 22(3), 1431-1445, 2023.
[11] Rule 3(dd), E-Waste (Management) Rules, 2016.
[12] Rule 6, E-Waste (Management) Rules, 2022.
[13] Jasjeev Gandhiok and Alok KN Mishra, ‘E-waste park to come up in Delhi, but many miles to go’ Hindustan Times, (Nov. 8, 2024) https://www.hindustantimes.com/cities/delhi-news/delhis-electronic-waste-park-to-begin-construction-in-2025-as-tender-for-development-yet-to-be-awarded-informal-sector-still-handling-90-of-ewaste-101682013427696.html.
[14] P. Chakraborty and A. Manish, ‘E-waste management in India: Challenges and opportunities,’ The Energy and Resources Institute (TERI), (Nov. 7, 2024) https://www.teriin.org/article/e-waste-management-india-challenges-and-opportunities.
[15] Mehar Kaur et al., White Paper on National EPR Framework for E-Waste Management in India, The Energy and Resources Institute (TERI), (Nov. 8, 2024) https://www.teriin.org/sites/default/files/files/White_paper_E-wasteEPR.pdf.
[16] Articles 5-8, Directive on Waste Electrical and Electronic Equipment (WEEE) (2012/19/EU).
[17] ANNEX, Commission Delegated Directive (EU) 2015/863.
[18] Articles 4, and 7-9, Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
[19] EU Waste from Electrical and Electronic Equipment (WEEE) Directive 2012/19/EU and RoHS Directive 2011/65/EU; Home Appliance Recycling Act, 2001 and Law for the Promotion of Effective Utilization of Resources, 2000.
[20] NewsVoir, ‘AICTE and OPPO India Kick off Nationwide E-Waste Awareness Drive Across Colleges Under ‘Generation Green’ Campaign,’ ANI, (Nov. 9, 2024) https://www.aninews.in/news/business/aicte-and-oppo-india-kick-off-nationwide-e-waste-awareness-drive-across-colleges-under-generation-green-campaign20240911161306/.
[21] E-waste: From Toxic to Green | India, United Nations Climate Change, (Nov. 9, 2024) https://unfccc.int/climate-action/momentum-for-change/lighthouse-activities/e-waste-from-toxic-to-green#:~:text=The%20solution,and%20storage%20of%20e%2Dwaste.
[22] Satyantani Nath, ‘How to Tackle E-Waste? Turn It Into 100% Recyclable Pots to Grow Plants!,’ The Better India, (Nov. 9, 2024) https://thebetterindia.com/195097/bengaluru-e-waste-management-eco-friendly-innovation-ewa-pots-order-india/.
Author: Tanvi Dawrani, 4th year student at National Law University, Delhi
