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Fundamentals of Project Management
Notes 13.3 E-waste Law and Regulatory Framework in India
The menace of electronic waste (e-waste) in India has been increasing. India does not have a
dedicated e-waste law and we are taking care of this crucial issue through guidelines and
directions.
E-waste issues cannot be taken lightly and casually as has been done in India. Although the
environment law jurisprudence is very strong and mature yet e-waste related legislations in
India are still missing.
We need to have a dedicated e-waste law in India that can stringently deal with the menace of
e-waste in India. India should not be a dumping ground for e-waste and commercial entities
must be saddled with both civil and criminal liabilities for spreading illegal e-waste in India.
Notes E-waste is a popular, informal name for electronic products nearing the end of their
“useful life.” Computers, televisions, VCRs, stereos, copiers, and fax machines are common
electronic products. Many of these products can be reused, refurbished, or recycled.
Unfortunately, electronic discards is one of the fastest growing segments of our nation’s
waste stream. Rapid obsolescence of electronics goods, compounded by dumping from
developed countries, has brought the e-waste problem in India to the brink of spilling
over into an acute crisis. The communities that are affected by the toxics in e-waste need
not necessarily be those that are creating the waste. The unethical export of e-waste by
industrialised nations to developing countries is shifting the onus of development to
communities ill-equipped to deal with such waste. A lot of these materials are being sent
to developing nations under the guise of reuse–to bridge the digital divide.
The Basel Convention defines waste by its disposal destination or recovery processes. These
various processes are listed in Annexure IV of the Convention.
Example: Virtually any material that will be recycled or processed in order to reclaim a
metal, or to reclaim an organic or inorganic substance for further use, is deemed a waste.
Electronic components that are used without further processing are not likely to be defined as a
waste.
The Convention has provided for two lists. List A, found in Annexure VII, is presumed to be
hazardous and thus covered by the Basel Convention; and List B, found in Annexure IX, is
presumed to be non-hazardous and thus not subject to the Basel Convention. The waste listed in
List A is waste that poses serious threats to environment and human health. As a result of their
adverse effects these substances require special handling and disposal processes. The Annexure
VIII hazardous waste list has the following entries applicable to e-waste:
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