Concerned of Disposal of Bio-Medical Waste in Delhi Pvt. Hospitals; SC seeks Action Plan. Asks for Compliance of Installation of Smog Towers

The Supreme Court of India on Tuesday heard an application moved by a Delhi University law student, Harshita Singhal. The Bench comprising of Justices Arun Mishra, Vineet Saran, and MR Shah directed the three private hospitals of Delhi and the other concerned authorities to hold a meeting and take immediate and proper measures to clear the bio-medical waste. The Court asked for a concrete action plan to be submitted before it before the next hearing. The Bench expressed utter shock in relation to the non-installation of the smog towers in some parts of Delhi, India.

The Court observed that the tracking, collection, processing, and recycling of the generated biomedical waste need urgent and efficient improvisation by adopting the bar-code system as specified in the Bio-medical Waste (Management and Handling) 2016 rules which are yet to be implemented completely. The court found the said three private hospitals to be operating without the bar-code system.

The order states for a meeting to be called among the Central Pollution Control Board, Delhi Pollution Control Board, and EPCA and the concerned stakeholders of the departments of the Central and Delhi Government and National Capital Region. Furthermore, representatives of the corporations are urgently called within three days of the order for steps to be taken with respect to proper clearance of the bio-medical waste and that of COVID-19 patients.


“Painful to see the disrespect to the Court by the Delhi Government” - SC

The Court also heard other environment-related matters particularly of air pollution in the city. The SC in an order passed on January 13, 2020, had asked the Delhi Government to complete the installation of the proposed smog towers at Connaught Place, Delhi within three months. Directions were also issued for a similar tower in Anand Vihar, Delhi. However, the same has not yet been complied with. The requisite drawings for the same have also not been obtained. The Court states that it is in shock to see the utter disregard and disrespect to the orders. The Ministry of Environment, Forest and Climate Change (MoEFCC) and the Delhi Government is directed by the SC to enter into an agreement and submit a non-compliance report to the court within the next hearing on 29th July which gives them seven days.

With respect to the issue of piling of garbage by the sides of railway tracks is concerned, the Court has asked the Railway Department as well as the Municipal Corporations to submit an action plan by the next date of hearing scheduled in August. The Bench further stated that "It is made clear that if the action plan is not submitted within the stipulated time, appropriate action will be taken against the concerned individuals.”

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Anoushka Mehta

Guest Author Anoushka Mehta is currently a penultimate year law student (B.A., LL.B) (Hons.) at Maharashtra National Law University Mumbai. She is a reviewer at Economic & Political Weekly and is also pursuing a Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution. She aims to write on legal issues alongside working in the area of corporate law.

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