During the last decade, there has been exponential increase in the generation of e-Waste all over the world including India. According to Central Pollution Control Board’s (CPCB) estimate, 1,46,800 metric tons (MT) of e-Waste was generated in India in 2005, which increased to an estimated 800,000 MT by 2012 and 16.4 lakh MT by 2014. In view of country’s ongoing exciting phase of development and economic transformation, it is apprehended that the quantum of e-Waste generation is assuming alarming proportion, posing a serious threat to environment. It is, therefore, worrying signs that no serious efforts have been made in the past to address the escalating issue of environmentally sound management of e-Waste being generated in the country.

The legal frame for governing e-Waste management is derived from the Hazardous Waste (Management and Handling) Rules notified in 1988 under the Environment (Protection) Act, 1986, the e-Waste (Management and Handling) Rules 2011, and the e-Waste (Management) Rules, 2016, intended to cure the defects and shortcomings of the earlier Rules, enforced from October 16, 2016. This indicates that the Central Government has done too little and too late to address the looming hazards of e-Waste disposal. Merely notifying the Rules is not enough unless there is strong and effective implementation, monitoring mechanism with necessary infrastructure for ensuring its compliance.

Challenges of managing e-Waste are manifold. First and foremost is poor response from State Pollution Control Boards to the Central Pollution Control Board (CPCB) resulting in lack of full annual data of e-Waste. The CPCB is nodal agency for compilation of national data annually and for managing e-Waste control.. Secondly, there is need to prevent illegal Trade in Electrical and Electronic Equipment (EEE). Thirdly, there is need for fiscal incentives for e-Waste Processing Industry. Fourthly, there is need for e-Waste Collection in Organised Manner. The other challenges are implementation of penal provision, Funds for Training and Capacity Building Programme, Public Awareness Programme, and Research & Development.

In view of the foregoing, it is now felt by well meaning environmentalists that unlike management and handling of other environmental pollution areas concerning air, water and hazardous waste, the management, handling and recycling of e-Waste is a highly specialized field requiring high level of technical knowledge, expertise and sufficiently skilled manpower. Given this scenario, people feel that the present set up of management of e-Waste under the Environment Protection Act, 1986 and the rules framed there under have failed to yield tangible results. Added to this, the CPCB and SPCBs, which have been assigned a major role in the implementation of e-Waste handling rules, lack skilled manpower and technical expertise on various aspects of e-Waste.

In view of alarming growth in generation of e-Waste in the country, it is now clear that there is no independent and effective legislative framework to tackle the growing menace of e-Waste. In the well considered views of environmentalists and experts, a separate legislation on e-Waste in stead of handling it under the Environment Protection Act, 1986 is called for providing a dedicated and focused attention to tackling the complex problem of e-Waste hazards. The NDA Government’s push for digitisation of India with penetration of internet all over the country, growing use of e-commerce, digital wallet, emerging cashless economy especially following demonetisation of high denomination Rs.1000 and Rs.500 notes, growing alarming hazards to environment and human health is looming large. It is time, the Government of India acted fast in the matter!