Can Local Bodies Collect Additional Fee To Collect Sanitary Waste? Supreme Court Seeks States' Responses
The Supreme Court today (July 09) has given the States one last opportunity to file their counter affidavit in a PIL challenging the collection of an additional fee by local bodies for disposing of sanitary wastes. The Court noted that while the States of Goa, Chhattisgarh, Kerela, Tripura, Assam and Punjab, Madhya Pradesh have filed their counter affidavits, other States shall do the...
The Supreme Court today (July 09) has given the States one last opportunity to file their counter affidavit in a PIL challenging the collection of an additional fee by local bodies for disposing of sanitary wastes.
The Court noted that while the States of Goa, Chhattisgarh, Kerela, Tripura, Assam and Punjab, Madhya Pradesh have filed their counter affidavits, other States shall do the same within two weeks.
Earlier, the Petitioner-in-person, Indu Varma, had highlighted the issue of Kochi Corporation, Kerala, not collecting sanitary waste from households.
“I am only seeking for an interim order that let the corporation Collect the sanitary waste from the households as mandated by the Rules (of Solid Waste Management). The Rules require that the Corporation collect the sanitary waste as part of 'solid waste'. The definition of 'Solid waste' includes sanitary waste.,” the petitioner had submitted.
Explaining the fee, when the Counsel for the State of Kerela said that the same is charged because there is no scientific method to dispose off this (sanitary) waste, the Court strictly responded, saying:
“Is it a euphemism for something else? The user fee may be statutory, but how can you charge the additional fee?”
At the commencement of today's hearing, the petitioner submitted that every woman who is menstruating in the house has to call a certain number to collect the menstrual waste. How is this sensible? Sanitary waste is part of the solid waste, as per the rules, she asked.
Following this, the Court asked the petitioner to identify the States that are charging such kind of a separate charge for disposing off sanitary waste. It also asked the petitioner to identify the categories that need to be exempted from this charge, including school-going children, young or old people and poor or marginalised people.
At this, ASG Aishwarya Bhatti said that the Union had written to all the States and out of that 15 States have responded. After being asked about the Union's stance, she informed the Court that the Union has a policy decision on this and sanitation is a State subject.
Ultimately, the Court passed the above order before posting the matter in September.
It may also be worth mentioning that all the other States have also been made a party to this petition, and the Court has made it clear that comprehensive directions will be passed, not confined to any one State.
The petition also raised the issue of municipal bodies levying a user fee for waste collection. Though the fee is provided for in the Solid Waste Management Rules, the petitioner challenged it, arguing that no particular amount was dedicated to user fees.
“They can charge any charge. Therefore, even in the State of Kerala, different homes pay different rates. There are houses, which paid Rs. 150 per month to the person who comes to collect it, others pay 200, some pay 300, some cannot afford to pay but they are still forced to pay. I have challenged the user fee”
“User fee is a misnomer. It is kind of a misconception. It is a question of collection; why there should be any fee on the collection, that is the point” submitted Ms. Varma on an earlier occasion.
Case Details: Indu Varma v. Union of India [W.P.(C) No. 1062/2023]