'Throwing Trash On Bharat Mata Is A Direct Challenge To Sovereignty': Madras High Court On Illegal Waste Imports

The Madras High Court recently observed that any person who knowingly aids in importing trash to the country is not just committing an offence under the Environment Protection Act but also directly challenging the country's sovereignty. The court added that there could not be a more aggravated form of deshdroh than throwing trash on the country. [2026 LiveLaw (Mad) 301] “If any person knowingly designs, imports, or aids in importing and throws trash on Bharath Matha, it is not just an offence under the Environment Protection Act, 1985 alone, but it is a direct challenge to her sovereignty. There cannot be a more aggravated form of deshdroh. When the right to life and self esteem of every citizen of the Country, living organism and eco systems is involved, certainly it is an act endangering sovereignty,” the court said. Talking about “waste colonialism”, Justice Bharatha Chakravarthy held that when developed countries dump solid municipal waste to developing countries, it not only violates international treaty obligations but also results in serious environmental degradation. “The phenomenon, often described as "waste colonialism", refers to the practice whereby developed countries, either directly or through unscrupulous exporters, seek to shift the burden of disposal of hazardous, toxic or other undesirable waste to developing nations, thereby externalising the environmental and social costs associated with such waste. Such practices not only undermine environmental justice but also pose a serious threat to the ecological security and public health of the receiving countries. Above all, it is a direct affront on the very sovereignty of the country and as such rightly terms as 'colonialism',” the court observed. The court was hearing a plea filed by two paper companies seeking to quash an Order-in-Original issued against them by the Customs Department and to permit re-export of goods to Dubai. Alternatively, the companies had sought permission to dispose the goods in India for recycling. Both companies were engaged in the manufacture of paper and imported large quantities of waste paper from various countries under the authorisation of the Tamil Nadu Pollution Control Board under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules 2016. The companies had placed an order with a company based in Canada. However, when the goods arrived in India, the Deputy Director, Directorate of Revenue Intelligence, inspected the import and found that the same was in contravention of the Customs Act, as the consignment carried municipal waste PET bottles, street sweepings, waste food paper and plastic parcels, broken glass bottles, waste plastic and paper containers, and used soft-drink cans. Since the import of municipal waste was not permitted under law, it was detained and action was initiated against the companies. The companies were asked to re-export the goods. Citing long pendency of proceedings, the companies requested to waive demurrage and detention charges from the date of detention. The companies also sought permission to re-export the cargo to Dubai, instead of Canada. In the alternative, the companies also sought to dispose the goods within India through recycling in accordance with applicable statutory framework. The authorities, on the other hand, argued that the orders were passed after giving due opportunities to the companies. It was argued that in case of illegal import of hazardous and other waste, the importer shall re-export the waste at its own cost within ninety days of its arrival in India. Relying on various judicial pronouncements, the authorities also argued that the statutory framework had to be strictly implied. It was also submitted that on previous occasion, when an attempt was made to reroute consignment to Dubai, the authorities in Dubai had declined to accept the goods. It was argued that in such circumstance, permitting the reexport would neither be proper nor justified. The Union of India also informed the court that it would make every endeavour to take up the issue with authorities of respective exporting countries through appropriate channels. With respect to the validity of the orders-in-original, the court held that the companies and their representatives had accepted the findings and had merely sought lenience. The court also noted that the authorities had taken a lenient approach and imposed modest penalty. The court also noted that the companies had not appealed against the order as per the Act and allowed it to attain finality. Thus, the court observed that the belated challenge to the orders-in-original could not be countenanced. The court also noted that the authorities had issued a detailed show cause notices, and there was no infirmity, procedural irregularity or jurisdictional error warranting interference with the order. With respect to exporting the...

'Throwing Trash On Bharat Mata Is A Direct Challenge To Sovereignty': Madras High Court On Illegal Waste Imports

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'Throwing Trash On Bharat Mata Is A Direct Challenge To Sovereignty': Madras High Court On Illegal Waste Imports

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