If any person knowingly designs, imports, or aids in importing and throws trash on India, it is not just an offence under the Environment Protection Act alone, but, it is a direct challenge to the country’s sovereignty. There cannot be a more aggravated form of deshdroh (treason), the Madurai Bench of the Madras High Court has said.
Justice D. Bharatha Chakravarthy said when the right to life and self-esteem of every citizen of the country, living organism, and eco systems was involved, certainly it amounted to an act of endangering sovereignty.
The court said the phenomenon, often described as ‘waste colonialism’, refers to the practice whereby developed countries, either directly or through unscrupulous exporters, seek to shift the burden of disposal of hazardous, toxic or other undesirable waste to developing nations, thereby externalising the environmental and social costs associated with such waste.
Such practices not only undermine environmental justice but also pose a serious threat to the ecological security and public health of the receiving countries. It not only violates international treaty obligations but also results in serious environmental degradation. Such practices impose disproportionate environmental burdens upon developing countries and undermine the principles underlying international environmental governance, the court said.
The court was hearing a batch of petitions filed by companies importing waste paper in large quantities from various countries under authorisation. However, the authorities found the consignments contained municipal solid waste.
The court said the business model adopted by the petitioners raises serious concerns. It is estimated that the country generates more than 1,70,000 tonnes of municipal solid waste every day and is already grappling with the complex task of its scientific collection, segregation, treatment, and disposal.
The petitioners claim to import wastepaper from foreign countries at considerable cost at a time when substantial quantities of recyclable wastepaper are readily available within the country. The facts, as found by the adjudicating authority, raise serious concerns about whether the imports were, in reality, intended to facilitate the entry and disposal of municipal solid waste in India under the guise of wastepaper consignments, the court said.
The Centre should consider incorporating specific and express provisions mandating the re-export of biomedical waste, municipal solid waste, post-consumer domestic waste, and other prohibited waste streams not specifically covered by the existing Office Memorandum, to the respective ports of origin, the court said.
The Ministry of Environment, Forest and Climate Change, the Director-General of Foreign Trade, and the Ministry concerned should consider the issue of reframing the policy, improve the segregation output of the wastepaper, prevent its burning, and improve its availability for recycling, the court said.
The court directed the petitioners to take steps to re-export the goods to the respective ports of origin. If the re-export is not made, the duly authorised person as per the provisions and rules framed under the Environment Protection Act, should take steps to file a complaint and prosecute the petitioners and its directors and such other persons responsible for the offence punishable under Section 19 of the Act, the court said while disposing of the batch of petitions.
Published - July 07, 2026 09:26 pm IST