🔷 I. INTRODUCTION & CONTEXT

• India’s plastic pollution crisis:
  
  
  • India is the largest plastic polluter in the world (9.51 million tonnes annually).
    
    
  • Contributes ~20% of global plastic emissions.
    
    
  • Emissions come from mismanaged waste, especially open burning and dumping.
    
    
• Major governance issue:
  
  
  • India lacks an integrated waste management strategy.
    
    
  • There is underreporting and underestimation of plastic and municipal waste data, especially in rural areas.
    
    

🔷 II. EVIDENCE OF SYSTEMIC UNDERREPORTING

• Inaccurate data:

Official estimates of 0.12 kg per capita plastic waste per day are far lower than real figures (~0.54 kg).

• No data on rural waste, burnt waste, and uncollected waste.
  
  

• Case study – Himalayan Region:
  
  
  • Plastic waste in Himachal Pradesh highlighted in Indian Express.
    
    
  • State Pollution Control Boards’ data are limited and unreliable.
    
    
  • Central Pollution Control Board (CPCB) lacks granular data; states like Sikkim, Nagaland, Mizoram have incomplete reporting.
    
    

🔷 III. LEGAL & INSTITUTIONAL CHALLENGES

• Institutional failure:
  
  
  • Municipalities, Panchayats, and Urban Local Bodies (ULBs) are poorly resourced.
    
    
  • Lack of real-time tracking systems, infrastructure, and human resources.
    
    
• Inadequate enforcement:
  
  
  • Solid Waste Management Rules (2016) remain largely unimplemented, especially in non-urban areas.
    
    
  • Local Environmental Plans (LEPs) and Material Recovery Facilities (MRFs) are missing.
    
    

🔷 IV. JUDICIAL INTERVENTION – SUPREME COURT STAND

• Constitutional perspective:
  
  
  • Court observed that waste management is part of the Right to Life (Article 21).
    
    
  • Imposed a constitutional obligation on the state to act.
    
    
• Systemic remedy suggested:
  
  
  • Ordered a time-bound strategy to:
    
    
    • Track waste.
      
      
    • Segregate and scientifically process it.
      
      
    • Set up Material Recovery Facilities (MRFs) and enforce Extended Producer Responsibility (EPR).
      
      
  • Decentralized approach:
    
    
    • Recognized the need for local governance involvement.
      
      
    • Emphasized technology-enabled tracking (e.g., QR codes, GIS).
      
      

🔷 V. POLLUTER PAYS PRINCIPLE: COURT’S REAFFIRMATION

• Shift in liability focus:
  
  
  • Court reaffirmed the Polluter Pays Principle:
    
    
    • Polluter liable for both cost of environmental harm and remediation.
      
      
    • Also liable to victims affected by pollution.
      
      
  • Accountability framework:
    
    
    • Government officials, industries, and non-compliant actors can be penalized.
      
      
    • Polluter’s intent or awareness is not required; impact alone suffices.
      
      

🔷 VI. IMPLICATIONS FOR GOVERNANCE & POLICY

• Strategic policy shift required:
  
  
  • Move from centralized to decentralized governance.
    
    
  • Equip local bodies with funds, functionaries, and technology.
    
    
• Time-bound judicial compliance:
  
  
  • Orders must be implemented promptly and uniformly.
    
    
  • Courts will ensure strict accountability of state functionaries.
    
    
• Environmental constitutionalism:
  
  
  • SC reinforced that right to clean environment is a constitutional right.
    
    
  • Courts can act as enablers of sustainable development when executive lapses.
    
    

🔷 VII. WAY FORWARD

1. Improve data accuracy:
   
   

• Establish a central real-time waste tracking system.
  
  
• Mandate state reporting with rural-urban segregation.
  
  

1. Strengthen local governance:
   
   

• Capacity-building for Panchayats and ULBs.
  
  
• Provide technical and financial assistance.
  
  

1. Implement judicial guidelines:
   
   

• Set up MRFs, EPR mechanisms, and plastic collection points.
  
  

1. Enforce Polluter Pays Principle:
   
   

• Develop liability and compensation mechanisms.
  
  
• Include private and public sector accountability.
  
  

1. Environmental education and awareness:
   
   

• Citizen participation is key.
  
  
• Promote source segregation, recycling, and behavioural change.
  
  

🔷 GS Paper II – Governance & Polity

“Judiciary has emerged as a strong guardian of environmental rights in the face of executive inaction.” In light of recent judicial interventions in waste management, critically analyze the role of the Supreme Court in strengthening environmental governance in India. (250 words)