REGULATION OF HAZARDOUS SUBSTANCES WITH
RELEVANT CASE LAWS
Hazardous substances, ranging from toxic chemicals to radioactive materials, pose
significant risks to human health, ecosystems, and the broader environment if not
properly managed.
Sec. 2(e) of the Environment (Protection) Act, 1986, defines a "hazardous
substance to mean any substance or preparation which, by reason of its chemical or
physico-chemical properties or handling, is liable to cause harm to human beings,
other living creatures, plants, micro-organisms, property or the environment.”
THE FOUNDATION OF HAZARDOUS SUBSTANCE REGULATION IN
INDIA IS BUILT ON SEVERAL KEY PIECES OF LEGISLATION AND
RULES.
legislations governing the regulation of hazardous substances in India are as follows:
1. The Environment (Protection) Act, 1986
2. Hazardous Wastes (Management and Handling) Rules, 1989
3. Hazardous Chemicals (Manufacture, Storage and Import) Rules, 1989
4. Bio-Medical Waste (Management and Handling) Rules, 1998
HAZARDOUS WASTES (MANAGEMENT AND HANDLING) RULES, 1989:
Under the provisions of the Environment Act, 1986, the Hazardous Wastes
(Management and Handling) Rules, 1989, were formulated.
These rules specifically address the handling, treatment, and disposal of hazardous
wastes, defining the responsibilities of persons generating such waste and the
authorities in charge of enforcing the regulations.
Rule 4 mandates that any person generating hazardous wastes in quantities beyond
specified limits must ensure that such wastes are properly handled and disposed of
without causing adverse effects. This includes responsibilities for handling, storage,
and disposal.
Rule 5 introduces a permit system, administered by State Pollution Control Boards,
for the handling and disposal of hazardous wastes. No person is allowed to collect,
receive, treat, transport, store, or dispose of hazardous wastes without Board
authorization.
HAZARDOUS CHEMICALS (MANUFACTURE, STORAGE AND IMPORT)
RULES, 1989:
These rules focus on industries that deal with the manufacturing, storage, and import
of hazardous chemicals. They aim to mitigate risks associated with chemical accidents
and ensure safe handling and storage practices. The rules also outline the need for
emergency plans and safety audits to prevent and respond to chemical accidents.
BIO-MEDICAL WASTE (MANAGEMENT AND HANDLING) RULES, 1998:
Ensuring Safe Disposal of Medical Waste The Bio-Medical Waste (Management and
Handling) Rules, 1998, are a critical set of regulations in India, governing the
management and disposal of bio-medical waste. These rules are designed to minimize
the adverse effects of bio-medical waste on human health and the environment.
The rules deals with:
Segregation, Packing, and Disposal,
Responsibilities of the Occupiers,
Limit on Storage of Untreated Bio-Medical Waste
Establishment of Prescribed Authority and Advisory Committee
OTHER RELEVANT ACTS:
In addition to the Environment Act, several other acts play a crucial role in regulating
specific types of hazardous substances, such as
the Explosive Substances Act, 1908,
the Indian Petroleum Act, 1934,
and the Inflammable Substances Act, 1952.
Indian Council for Enviro-Legal Action vs Union of India & Ors (1996)
Established the "precautionary principle" in environmental protection.
✓ Facts: This case concerned the illegal mining of limestone in the Mussoorie hills of
Uttarakhand, causing environmental degradation.
✓ Holding: The Supreme Court banned limestone mining in the area and directed the
restoration of the degraded environment.
✓ Legal Principles: The case emphasized the importance of sustainable development
and conservation of natural resources through judicial intervention.
Union Carbide India Ltd. (UCC) vs Union of India (Bhopal Gas Leak Case)
(1989): It brought attention to the inadequacy of existing regulations and highlighted
the devastating consequences of industrial disasters, leading to calls for enhanced
safety standards and legal frameworks to prevent similar tragedies.
S.K. Shukla & Ors vs State of U.P. & Ors (2005) Highlighted the polluter pays
principle for illegal hazardous waste dumping.
IN M.C. Mehta v. UOI (1987) The doctrine of “Absolute Liability” was laid down in
this case.Public interest litigations (PILs) by environmental lawyer M.C. Mehta,
against Shriram Industries (Oleum Gas Leak, 1985), which addressed industrial
location and safety measures.
Vellore Citizens Welfare Forum vs Union Of India & Ors (1996) Addressed
improper biomedical waste disposal, leading to specific regulations for healthcare
facilities.
S.N. Godavarman Thirumulpad vs Union of India & Ors (1996) Dealt with the
failure of authorities to enforce regulations on hazardous waste disposal.
Secretary, Ministry of Environment & Forests vs M.C. Mehta (2003) Explored
the issue of transboundary movement of hazardous waste.
Supreme Court's Guidelines for Industrial Location In the wake of the Bhopal Gas
Leak Tragedy and other industrial accidents, the Supreme Court of India has
emphasized the need for developing national guidelines for the location of toxic and
hazardous industries. The court advised that industries should ideally be surrounded
by a "green belt" of 1 to 5 kilometers to provide a buffer zone, thereby reducing the
risk of exposure to the surrounding population.
CONCLUSION
In conclusion, the regulation of hazardous substances in India is a complex and
multifaceted endeavor that encompasses legal, scientific, and policy dimensions. With
the rapid industrialization and technological advancement witnessed in recent
decades, the management of hazardous substances has emerged as a critical aspect of
environmental protection and public health.
