Why Should You Charge Additional Fee For Sanitary Waste? Supreme Court Asks Kerala Govt.

“Why should you charge additional fee for collecting sanitary waste?, Supreme Court asked Kerala Government to respond in a PIL challenging the levy of a user fee by municipal bodies in the state for the collection of sanitary waste.

Petitioner-in-person Indu Varma requested for an interim order in terms of her prayer clause regarding “non-collection of sanitary waste from the households wherein (Kochi Corporation, Kerala) is forcing the residents of the city to approach a third-party and pay per weight for the disposal of sanitary waste”.

“I am only seeking for an interim order that let the corporation Collect the sanitary waste from the households as mandated by the rules. The rules require that the Corporation collect the sanitary waste as part of 'solid waste'. The definition of 'Solid waste' includes sanitary waste. There is no separate charge indicated under the rules for the sanitary waste to be collected from the households. Here, the corporation is not only making the residents call a third-party to get the sanitary waste collected, but they are in fact asking the residents to pay a separate charge for the disposal of sanitary waste, which is very, very grave because this is concerning women, little children and the elderly who are required to use adult diapers”, urged Ms. Varma

The  Bench of comprising Justice Surya Kant  and KV Viswanathan inquired, “What you are saying is happening only in Kerala or in some other states also?”

“This seems to be prevalent only in Kerala where they are seeking extra charge for the disposal of sanitary waste”, responded Ms. Varma

The counsel for the state of Kerala advanced, “The pollution control board has filed a reply. The state has not itself filed a reply. As per their report, it seems we are collecting a user fee”

“My issue is the additional fee that they are collecting for disposal of sanitary waste. I understand there is a user fee under Solid Waste Management that I have challenged…”, Ms. Varma urged

The bench required the state of Kerala to respond immediately “with regard to the additional fee levied on collection of sanitary waste”, apart from user charges

“Probably, they have given it to some private agency, this work”, said Justice Surya Kant

“And they charge per weight; it is not one flat fee”, replied Ms. Varma

“What is user charge?”, inquired the bench

“User charge, as per the rule, is that when they come to collect the waste, the municipal corporation can collect a certain user fee- which I have challenged. I have challenged that because that is again a flat fee, there is no particular amount which is dedicated as a user fee. 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”, elaborated Ms. Varma

“But we believe you are questioning the very levy of these collection charges?”, asked Justice Surya Kant

“Yes, that is there. There are two things- one is user fee. Some definition needs to be given to user fee- how much can be charged. Plus, in Kerala, Kochi Corporation is…”, replied Ms. Varma

“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”

Continuing, the judge observed, “Levy of charges is not something I can really comprehend. On the one hand, in PILs, in statutory measures, in judicial measures, we are issuing directions to provide all this (unclear) in schools, to provide free of cost…the idea is because this is how you promote this culture among the school children- it is very, very important as a part of hygiene conditions…on the other hand, then we are saying that you have to pay this charge! How can you do this?”

The counsel for the state of Kerala sought to submit, “As per the Kochi corporation, there is no scientific method to dispose off this (sanitary) waste, that is why the extra fee”

“Is it a euphemism for something else? The user fee may be statutory, but how can you charge the additional fee?”, commented the bench, asking the state of Kerala to respond on the issue of the additional fee in 1 week

Earlier, the court had also added other states as parties to the petition. Granting time for the states to file their counter-affidavits, the bench orally expressed that it would then pass comprehensive directions not confined to any one state.

ASG Aishwarya Bhati, for the UOI, sought time to respond.

Case : Indu Varma v. Union of India [W.P.(C) No. 1062/2023]