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Fragmented Legal Accountability Failures In Urban Plastic Waste Management: A Comparative Study Of Delhi And Mumbai




Ishika Sinha, B.A.LL.B. (Hons.), MS Ramaiah University of Applied Sciences


ABSTRACT


Despite an extensive statutory and constitutional framework, plastic waste governance in Delhi and Mumbai demonstrates persistent enforcement failure. The ongoing buildup and improper handling of plastic waste in many places point to systematic implementation flaws rather than a lack of legislation, even though there is a comprehensive statutory and constitutional framework governing plastic waste management.


This paper examines the issue of fragmented legal accountability that results from the division of statutory duties among state-level authorities, State Pollution Control Boards, and Municipal Corporations. The effective application of plastic waste management legislation has been undermined by this fragmentation, which has led to overlapping jurisdiction, unclear enforcement mandates, and decreased regulatory accountability. While municipal corporations retain operational control over collection and segregation, pollution control authorities exercise supervisory oversight, creating a governance structure marked by coordination deficits and diffused enforcement responsibility. A substantial gap exists between the normative strength of the legal framework and its practical enforcement at the city level, including municipal legislation, Plastic Waste Management Rules, and constitutional environmental requirements. Inadequate inter-institutional coordination, uneven compliance monitoring, and an excessive dependence on judicial intervention to rectify administrative shortcomings all contribute to this disparity.


This research paper adopts a doctrinal and comparative legal approach, constitutional mandates, and statutory laws regarding the legal framework governing plastic waste management in Delhi and Mumbai.


Keywords: Urban Environmental Governance, State Pollution Control Boards, Municipal Corporations, Plastic Waste Management Laws, Fragmented Legal Accountability



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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