Introduction:
The Kerala High Court, in a significant move to address the growing issue of public waste dumping, has issued a series of directions aimed at creating awareness and implementing preventive measures. The Division Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P. has sought detailed instructions from the state government on steps taken to sensitize school students and prevent waste dumping in public places. Additionally, the court has demanded a report from the Kochi Municipal Corporation regarding measures to clear waste from canals to reduce flooding in the city.
Arguments of Both Sides:
The state government, represented by Additional Chief Secretary Sarada Muraleedharan, assured the court that comprehensive steps are being taken to educate the public, particularly school students, about the adverse effects of waste dumping. The government highlighted the establishment of around 36,000 plastic bottle collection booths across the state, including in tourist destinations, as part of its waste management strategy. Orders have also been issued to the General Education Department to initiate awareness programs in schools from the academic year 2024-25.
The Kochi Municipal Corporation was tasked with providing a detailed report on the current waste disposal facilities and the steps taken to clear waste from the canals. The corporation was also asked to explore measures to remove silt from the Thevara-Perandoor Canal outlets and prevent further dumping of waste by commercial and residential complexes into the canals and backwaters.
Court’s Judgment:
In the suo moto proceedings initiated following the fire at the Brahmapuram dumping yard, the Kerala High Court constituted a special bench to address issues related to Solid Waste Management Rules, 2016. The court emphasized the urgent need to stabilize and process the remaining legacy waste, noting that while 4 lakh tonnes of legacy waste had been stabilized, about 2.72 lakh tonnes had been processed through bio-mining.
The court issued several key directions:
1. The state government must instruct local authorities to identify and set up plastic bottle collection booths.
2. Detailed records, including a flow chart for the removal and disposal of plastic from collection booths, must be placed on record.
3. The government must apprise the court of steps taken to sensitize school students about waste dumping.
4. Reports on waste disposal facilities in six corporations and other districts must be submitted.
5. Measures to remove silt from the Thevara-Perandoor Canal outlets must be explored.
6. The Kochi Corporation must report on steps taken to clear waste from canals and prevent further dumping by commercial and residential complexes.
The court stressed that these measures are crucial in reducing the environmental and public health hazards posed by improper waste disposal. It was also noted that the public’s cooperation and awareness are vital in addressing this issue effectively.