Monday 8 August 2011

E-waste Laws 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.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 industrialized 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.

To combat the ever growing e-waste problem, India needs to have strong rules and regulations in place. Over the years, the government has instituted a number of regulations for better management of hazardous waste in the country.

This situation requires the enactment of a special law dealing with the nuisance of e-waste. Even as the United States pushes India to relax its restrictions on importing used computers and parts, shiploads of illegally imported equipment from the US and other developed countries are swamping India, contributing to a growing "e-waste" problem. India and the United States are engaged in tough negotiations over import of second-hand computers and parts, with the US insisting that India allow more liberal importation of "pre-used" hardware, according to reports. India prefers to stick to its norm of importing hardware that has at least 80% residual life left. Unlike the developed countries, there are no set norms for handling of electronic waste, and secondly cheap labor not only makes disposal cost-effective and profitable for local traders but also encourages the developed countries to push electronic wastes to the countries like India. The two largest nations exporting their e-wastes are the United States and Britain. According to a recent British Environmental Protection Agency report, Britain shipped out 25,000 tons of e-waste to South Asia last year.

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