Purva Pravin Bora & Ors. Versus MoEFCC& Ors.

Coram: Hon’ble Mr. Justice Adarsh Kumar Goel, Chairperson, Hon’ble Mr. Sheo Kumar Singh, Judicial Member, Hon’ble Dr. Nagin Nanda, Expert Member
Keywords: Solid Waste Management (SWM) Rules, 2016, pollution
Decision: Disposed
Date: 12.03.2021
The application before the National Green Tribunal sought to enforce Rule 17(3) of the Solid Waste Management (SWM) Rules, 2016, which requires manufacturers and brand owners of sanitary napkins and diapers to provide a disposal pouch or wrapper with each product. The NGT noted that a similar order had been issued by the Bhopal Bench of the NGT in 2017, which is currently pending before the Supreme Court. However, the NGT saw no obstacle in disposing of the matter subject to the orders of the Supreme Court. The NGT directed the statutory authorities to enforce compliance with the SWM Rules, subject to the orders of the Supreme Court.
During the hearing, the NGT was also apprised of the deleterious impact of non-compliance and the various options for controlling pollution, as provided for in the Swachh Bharat Mission Guidelines and Menstrual Hygiene Management guidelines. The matter had previously been referred to the Principal Bench for final consideration, but it has now been placed before this bench for further consideration.
The respondents in the case included the Ministry of Environment, Forest and Climate Change, the Maharashtra Pollution Control Board, various municipal corporations, and several manufacturers of sanitary napkins and diapers. The NGT ordered a copy of its order to be forwarded to all concerned parties and regulatory authorities, including the MoEF&CC, CPCB, state pollution control boards, and the secretaries of the urban development and environment departments of all states and union territories, who were directed to forward the order to all local bodies.
In this judgment, the National Green Tribunal (NGT) directs statutory regulatory authorities to enforce compliance of Rule 17(3) of the Solid Waste Management (SWM) Rules, 2016, which requires manufacturers and brand owners of sanitary napkins and diapers to provide a pouch or wrapper for disposal of each product. The NGT notes that the Bhopal Bench has already taken a view on this matter, and the case is pending before the Supreme Court. The NGT also finds that the legal position is clear, and the issue is one of compliance and regulation by the statutory regulatory authorities. Therefore, the NGT disposes of the application by directing the authorities to enforce compliance of the SWM Rules and the guidelines issued by the Central Pollution Control Board (CPCB) and other relevant bodies. This direction is subject to any further order passed by the Supreme Court in the pending case.