Municipal Liability Under Environmental Law: Examining The Liability Of Municipalities In Solid Waste Mismanagement
- IJLLR Journal
- Mar 19
- 1 min read
Dharitri Joshi, School of Law, M.S. Ramaiah University of Applied Sciences
ABSTRACT
Managing municipal solid waste is a persistent challenge in India’s rapidly growing urban areas. Increasing population, urbanization, and changes in consumption patterns have led to higher volumes of waste, which cities struggle to handle efficiently. While constitutional provisions under Articles 21, 48A, and 51A(g) provide a foundation for environmental protection, and laws such as the Solid Waste Management Rules, 2016, set out clear responsibilities for municipal authorities, practical implementation often falls short. Issues such as limited finances, inadequate infrastructure, weak public awareness, and governance gaps contribute to ineffective waste management. Judicial interventions, including decisions by the Supreme Court and the National Green Tribunal, have emphasized the accountability of municipal authorities and the importance of enforcing regulations. The newly introduced Solid Waste Management Rules, 2026, strengthen monitoring, introduce digital tracking, and hold officials personally responsible for compliance. This paper examines the legal framework, judicial oversight, challenges in municipal liability, and proposes measures to improve performance, including better accountability, community engagement, sustainable practices, and capacity-building of officials. Coordinated efforts between authorities, regulatory bodies, and citizens are essential to safeguard public health and ensure environmental sustainability.
