Kerala HC Asks Govt About Feasibility Of State-Wide Campaign For Collecting Electronic Waste, 'Extended Producer Responsibility' Of Manufacturers

The Division Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P orally stated that citizens must be at least given one opportunity to dispose of their electronic waste. The Court thus directed the Special Secretary of the Local Self Government Department, T V Anupama to consider this and to submit a report before the Court.

After the fire at the Brahmapuram dumping yard at Cochin city, the Kerala High Court had instituted suo moto proceedings and constituted a special bench for considering matters relating to Solid Waste Management Rules, 2016 (MSW Rules). The Court had earlier suggested that public must be incentivised for collecting and disposing plastic waste responsibly. It also suggested spreading awareness through social media like Instagram.

The Court was considering the difficulties in disposing of electronic waste that gets accumulated. It remarked that there are unused chargers, batteries, monitors, phones etc, in every house that gets accumulated with no place to dispose of safely.

The Court was apprised that Rule 4 of the E-Waste (Management and Handling) Rules provides for Extended Producer Responsibility (EPR). The rule specifies the role of producers/manufacturers in disposing of electronic items after their use by the customers.

The Court thus sought information from the government to find out how EPR under Rule 4 can be used to extend the liability towards the producers/manufacturers of electronic items. The Court also sought information from the Special Secretary of LSGD regarding the collection and storage of electronic waste as per Rule 12 of the E-Waste (Management and Handling) Rules.

Special Secretary of LSGD also submitted that Haritha Karma Sena is also collecting electronic waste in many wards in the State, although this facility is not extended everywhere.

Case Title: Suo Moto v State of Kerala and Others

Case No: WP(C) 7844/ 2023