Solid waste management in hospitals: HC directs govt to file affidavit

Srinagar, Oct 13: The High Court of Jammu & Kashmir and Ladakh Thursday directed the Commissioner Secretary to government, Health and Medical Education (H&ME) department to file affidavit detailing out the steps taken for segregation, collection and transportation of solid and medical waste from the Hospitals of J&K and other associated Hospitals.
Hearing a Public Interest Litigation (PIL) by Environmental Policy Group (EPG), the court directed the Commissioners of Jammu and Srinagar, Municipal Corporation, Director, Urban Local Bodies (ULB), and Director, Rural Development Department (RDD) to inform it as to the steps taken for purpose of implementation of the action plan for management of solid waste in their respective jurisdiction.
“Let this information be supplied on affidavit within three weeks,” the court said.
A division bench of Chief Justice Ali Mohammad Magrey and Justice Moksha Khajuria Kazmi directed the Deputy Solicitor General of India (DSGI), Tahir Majid Shamsi to file response with respect to release of funds by the Ministry of Housing and Urban Affairs, government of India for the purpose on or before November 10, 2022.
The bench further directed the petitioner counsel, Shafkat Nazir to file his response to the affidavit filed by the Principal Secretary to Government, Housing and Urban Development Department, which indicated compliance of each and every order so far passed by the court in the matter from time to time.
Examining the affidavit, the court observed that much more practical steps are required to be taken by the concerned authorities in the J&K government for dealing with the process of solid waste management inasmuch as the contents of the affidavit clearly appear to be confined to paper work only at this stage.
As per the affidavit, the scheme of disposal of the municipal solid waste in terms of the Solid Waste Management Rules and Bye-Laws have been undertaken having reference to collection, segregation, storage, transportation and disposal of municipal solid waste.
The affidavit has made reference to the Solid Waste Management Rules, 2016 notified on April, 08, 2016 by the Ministry of Environment, Forest and Climate Change, Government of India which assigns the duty & responsibility to various Ministries of Central Government & State government, Central Pollution Control Board and State Pollution Control Boards, District Magistrates, local authorities, Village Panchayats, Industrial Units and Waste General units, etc.
It stated that the State Policy and Solid Waste Management Strategy, 2017 has been notified on January, 25, 2018 with direction to the Director, Urban Local Bodies, Jammu & Kashmir to circulate the policy among Chief Executive Officer, Executive Officers of Municipal Committees & Councils for implementation of the same and furnish monthly compliance report to the Administrative Department.
The affidavit further stated that the policy was uploaded on the website of the Housing and Urban Development Department for perusal of the public at large.
It also provides details about the compliance of the directions and the implementation of the policy of the government from time to time.
Earlier, the PIL was filed by EPG, a registered trust working on environmental issues in J&K, seeking implementation of Solid Waste Management Bye Laws.
The petitioner organisation seeks direction that a proper solid waste management system be put in place in every district so that all types of solid waste are segregated and are properly utilized.
It alleges that the health and hygiene are not up to the mark in J&K due to non-implementation of the provisions of the Solid Waste Management Rules.
Pertinently, under the Environmental Protection Act, 1986 and the Solid Waste Management Rules of 2016, the erstwhile J&K State has framed Solid Waste Management Bye Laws in exercise of powers under Sections 36 and 25 of the Act in consultation with all the stakeholders. The Bye Laws were notified by the Government on July 31, 2019 .
According to the Bye laws all local bodies are enjoined upon to take appropriate action for the disposal and treatment of the solid waste material in J&K.