Jharkhand High Court Issues Directions For Bio-Medical Waste Management; Says Lax Enforcement Threatens Public Health & Violates Article 21

The Jharkhand High Court has issued a slew of directions in a public interest litigation concerning bio-medical-waste, emphasising the need for strict enforcement of the statutory framework governing handling and disposal of biomedical waste in the State.

A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing the PIL filed by the Jharkhand Human Rights Conference, a social welfare organisation, seeking effective implementation of the legal regime governing biomedical waste. The petition highlighted deficiencies in compliance by healthcare institutions and sought appropriate directions to ensure proper management, handling, and disposal of biomedical waste across the State.

The Court noted that the proceedings were initiated in 2012, when serious deficiencies in biomedical waste management in Ranchi, Dhanbad and Jamshedpur first came to light, following which the State Government and the Jharkhand State Pollution Control Board were directed to disclose steps taken for implementation. Emphasising the gravity of the issue, the Court observed that biomedical waste generated during diagnosis, treatment, immunisation, and related activities contains potentially infectious and hazardous material, and any administrative or institutional laxity in its management could lead to grave and irreversible consequences. It noted:

“Bio-Medical Waste (BMW) carries disease-spreading pathogens that act as vectors for life-threatening ailments and, therefore, poses serious risks to public health. Furthermore, beyond the immediate clinical dangers, such waste presents a formidable threat to environmental integrity, as toxic releases contaminate air, water and soil.”

The Court noted that with the notification of the Bio-Medical Waste Management Rules, 2016, it was reasonably expected that biomedical waste management would undergo a transformative shift through mechanisms such as sophisticated tracking, mandatory pre-treatment, and centralised disposal. However, despite the strengthened statutory framework, the ground reality remained largely stagnant. The Court observed that, during the pendency of the proceedings, it had repeatedly encountered a lack of seriousness, coordination, and prompt action on the part of the statutory authorities entrusted with enforcing the regime.

The Bench emphasised that biomedical waste management is not merely a matter of regulatory compliance but is intrinsically linked to the protection of public health and the right to a clean and safe environment, which forms an integral part of Article 21 of the Constitution. Although the State now has a comprehensive institutional framework under the Bio-Medical Waste Management Rules, 2016, the Jharkhand Clinical Establishments Rules, and other regulatory guidelines, the Court held that the primary responsibility for implementation lies with the designated statutory authorities.

At the same time, the Court cautioned that the prolonged history of the litigation demonstrated that the mere existence of statutory provisions does not ensure effective compliance. It underscored the need for active, sincere, and coordinated enforcement by the authorities to ensure that the statutory framework translates into meaningful protection of public health and the environment.

The Court issued the following nineteen directions:

“a) The State Government shall designate a State Level Nodal Officer, not below the rank of Secretary, for inter-departmental coordination and monitoring of implementation of the BMW Rules, 2016, within a period of 30 days from the date of this order.

b) The Jharkhand State Pollution Control Board (JSPCB) shall maintain and periodically update a district-wise inventory of all healthcare facilities (HCFs) that generate biomedical waste and all authorised Common Bio-Medical Waste Treatment Facilities (CBMWTFs) operating within the State.

c) The JSPCB shall ensure that every HCF holds a valid authorisation and is linked to an authorised treatment facility or approved in-house treatment system.

d) The JSPCB, in consultation with the State Government, shall undertake a State-wide gap analysis within three months of the date of this order to assess treatment capacity, geographical coverage, and infrastructure requirements.

e) The JSPCB shall ensure the implementation of bar-coding and digital traceability systems across the chain of generation, collection, transportation, and treatment of biomedical waste, as per the existing rules and guidelines.

f) The responsibility for the collection and transportation of bio-medical waste shall rest with the authorised CBMWTF operator, who shall use only authorised vehicles under its control, in accordance with applicable CPCB guidelines on CBMWTF and disposal facilities. No unauthorized third-party transportation arrangements shall be permitted. The JSPCB shall verify compliance and act in accordance with the law.

g) The JSPCB shall conduct periodic and surprise inspections of HCFs and CBMWTFs and initiate coercive action, including suspension, closure, environmental compensation or prosecution, where violations persist. Violations of the BMW Rules constitute contraventions under the EPA, 1986 and are liable to action under Sections 5 and 15 thereof, with prosecution to be initiated in accordance with Section 19 of the Act.

h) The JSPCB shall maintain records of authorisations, inspections, and enforcement actions, and compile statutory reports as required by law.

i) The JSPCB shall develop and maintain a publicly accessible digital dashboard that reflects district-wise compliance status, inspections conducted, and enforcement actions taken.

j) The State Advisory Committee and District Level Monitoring Committees constituted under the BMW Rules, 2016, shall continue to function in accordance with the statutory framework. Where District Committees are not functional, they shall be made operational within sixty (60) days from the date of this order.

k) The Deputy Commissioner/District Magistrate shall ensure that biomedical waste is not mixed with municipal solid waste within the district and shall periodically review compliance in coordination with the Civil Surgeon, officials of the JSPCB, and the Municipal/Urban Local Body authorities concerned, wherever applicable.

l) The District Administration shall extend necessary assistance to the JSPCB in inspections, monitoring and enforcement.

m) The District Registering Authorities under the Jharkhand Clinical Establishments Rules, 2013, shall treat compliance with the BMW Rules as a condition for grant and renewal of registration and shall initiate regulatory action, including suspension or cancellation, where violations are reported.

n) In furtherance of Rule 4(r) of the BMW Rules, 2016, healthcare facilities having more than thirty (30) beds shall constitute a Bio-Medical Waste Management Committee, and those having fewer beds shall designate a responsible nodal officer. The name and contact details of such responsible persons shall be placed in the public domain through the facility website or, where unavailable, through prominent display within the premises. Compliance with the same shall be verified b y the District Level Monitoring Committees.

o) The State Health Department, in coordination with the JSPCB, shall conduct periodic training and capacity-building programmes for healthcare facilities and operators.

p) The JSPCB shall establish an accessible grievance redressal mechanism, including an online portal, and maintain records of complaints received and action taken.

q) The JSPCB shall undertake a verification exercise within three months to identify instances where CBMWTFs have entered into arrangements beyond their approved operational jurisdiction or issued disposal certificates without corresponding treatment activity and shall take action in accordance with law against erring operators.

r) All authorities shall maintain records of inspections, notices and enforcement actions to ensure transparency and accountability.

s) The State Environment Impact Assessment Authority (SEIAA), Jharkhand, shall ensure that proposals relating to the establishment or expansion of Common Bio-Medical Waste Treatment Facilities, wherever requiring environmental clearance under applicable law, are considered in consultation with the Jharkhand State Pollution Control Board and in accordance with the Bio-Medical Waste Management Rules, 2016 and relevant guidelines, so that environmental safeguards are duly addressed.

Clarifying the scope of its intervention, the Court held that its directions were confined to facilitating implementation of existing legal duties and did not supplant the statutory framework.

The Court directed the Registry to communicate the order to the Member Secretary of the Jharkhand State Pollution Control Board, the Principal Secretary of the Health Department, all Deputy Commissioners/District Magistrates, the Urban Development Department, the Director of Health Services, and the State Environment Impact Assessment Authority for necessary compliance.

With these directions, the Court disposed of the Public Interest Litigation.

Title: Jharkhand Human Rights Conference v. State of Jharkhand and Ors.

Case Number: W.P. (PIL) No. 1385 of 2012.

Appearance: Mr. Samavesh Bhanj Deo appeared for the Petitioner. Mr. Ashok Kumar Yadav and Mr. Abhijeet Anand appeared for the State. Mr. Prashant Kumar Singh and Mr. Karbir appeared for the Union of India. Mrs. Richa Sanchita and Ms. Risheeta Singh appeared for the Jharkhand State Pollution Control Board. Dr. Ashok Kumar Singh and Mr. Sharon Toppo appeared for RIMS. Mr. Bhanu Kumar appeared for Respondent No. 9. Mr. Amit Kumar Sinha and Mrs. Saman Ahmad appeared for Respondent No. 13. Mr. Vijay Kumar Roy appeared for Respondent No. 11. Mr. L.C.N. Shahdeo appeared for RMC.

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