Unauthorized Dumping Of Bio-Medical Waste | Book Violators As "Goondas" Under State's Preventive Detention Laws: Madras High Court

While dealing with a case relating to the unauthorized dumping of bio-medical waste from Kerala to Tamil Nadu, the Madras High Court recently noted that suitable amendments needed to be brought into the Tamil Nadu Prevention of Dangerous Activities Act, 1982 (Preventive Detention Act) so that those violating the provisions of the Bio-Medical Waste Management Rules 2016, are covered under the definition of “Goondas” under the Act. Justice KK Ramakrishnan of the Madurai bench was informed that the Advocate General had given a positive opinion to bring the violators under the Detention Act for strict action to be taken against them. Noting that the steps taken by the government were appreciable, the court added that the state was expected to take necessary steps to bring suitable amendments to the Act. The court was hearing a revision petition filed by the State challenging an order of the Judicial Magistrate, Alangulam, allowing interim custody of a vehicle involved in dumping of medical waste. Background The respondents in the present petition had, on May 27th 2023, transported bio-medical waste from Kerala and dumped it in Kuruvankottai village in Alangulam-Tirunelveli road violating Rule 8 of the Plastic Waste Management Rules, 2016 and Rule 4 of Bio-medical Waste Management Rules, 2016. When the same was questioned by the defacto complainant, who was the Health Inspector of the area, the respondents criminally intimidated him and obstructed the discharge of his duties. Thus, a case was filed against them for offences under Section 294(b) [obscenity], 353 [assault or criminal force], 506(ii) [criminal intimidation], 269 [negligence by spreading infection], and 270 [malignant act] along with Rule 4 of the Bio-medical Waste Management Rules, 2016 and Rule 8 of Plastic Waste Management Rules, 2016. The State informed the court that the Bio-Medical Waste Management Rules 2016, clearly prescribed a detailed procedure to dispose of bio-medical waste and prohibited the transportation of bio-medical waste beyond 75 km from the hospital. The State informed the court that previously a Public Interest Litigation was filed citing the same issue of unauthorized dumping and the State Government had strictly instructed the check-post officials to not allow any sort of transportation of the bio-medical waste and to curb any such activities affecting the environment of Tamil Nadu. The state further informed that thereafter, a contempt petition was filed wherein a division bench had directed the Government not to allow any transportation of bio-medical waste from Kerala to Tamil Nadu. The state added that the respondents had dumped huge quantities of bio-medical waste in contravention of the existing rules and directions of the court and had even criminally intimidated the officer who questioned the same. Thus, the state argued that the trial judge had erred in granting interim custody as the respondent's infraction had not only harmed the environment but also caused health hazards for the villagers. The respondents, however, submitted that they were first-time offenders and also informed the court that the trial judge had imposed a condition to deposit 1/4th of the amount spent for the destruction of bio-medical waste. The court observed that the respondents had seriously violated the rules which prohibited transportation beyond 75 kms knowing that the same would cause hazard to the public and the environment. Thus, the court opined that such transportation had to be dealt with iron hands and should not be encouraged by releasing the vehicles involved. “This type of act should not be encouraged by releasing the vehicle involved. The respondent not only acted contrary to the Bio-medical Waste Rules, 2016 but also against the injunction order passed by the Hon'ble Division Bench of this Court. The learned trial Judge has not considered all the aspects and erroneously passed the impugned order to release the vehicle,” Thus, the court deemed it fit to set aside the impugned order of interim custody and suggested state to bring amendments to the Detention Act. Counsel for the Petitioner: Mr.T.Senthil Kumar, Additional Public Prosecutor Counsel for the Respondent: Mr.S.Sundarapandian Citation: 2023 LiveLaw (Mad) 387 Case Title: State v RS Rajesh Case No: Crl.R.C(MD)No.957 of 2023Click here to read/download the judgment

Unauthorized Dumping Of Bio-Medical Waste | Book Violators As "Goondas" Under State's Preventive Detention Laws: Madras High Court

Upasana Sajeev

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