The Enforceability Of Environmental Laws And The Constitution: From The View Of Waste Management

Yash Yashraj Singh, Law College Dehradun, Uttaranchal University

Dr. Lakshmi Priya Vinjamuri, Law College Dehradun, Uttaranchal University

ABSTRACT

With India's burgeoning population, rapid urbanization, and industrial growth, the management of waste has emerged as a critical challenge. This paper aims to analyze the legal and constitutional framework governing waste management in India, with a focus on its alignment with environmental conservation and public health objectives. Solid waste management, encompassing collection, segregation, transportation, and disposal, is explored within the context of environmental protection and human well-being. Drawing upon existing laws, regulations, and policies issued by the Ministry of Environment and Forest (MoEF), as well as statutes such as the Environment Protection Act, 1986, this study evaluates the efficacy of current waste management practices. Despite the formulation of laws aimed at ensuring sustainable waste management, challenges persist in their effective implementation. The paper also examines the recent Environmental Impact Assessment (EIA) draft of 2020, which introduces post-facto approval of industrial projects and its potential implications for industrial waste management. Additionally, the research offers recommendations for enhancing the implementation of solid waste management strategies in India, addressing gaps in regulatory enforcement and promoting sustainable waste management practices. Through a comprehensive analysis of the legal and policy framework, this paper seeks to contribute to ongoing efforts to address the pressing issue of waste management in India, in alignment with constitutional principles of environmental protection and public health.