Govt asks Delhi HC to dismiss Havells, LG, Samsung, Voltas pleas against e-waste rules
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The government has asked the Delhi High Court to dismiss the batch of petitions filed by electronic manufacturers including Havells India , LG Electronics India, Samsung India and Voltas , against the waste management policy that increased payouts to electronic-waste recyclers.The environment ministry said that the manufacturers have not produced any evidence of arbitrariness in the government's decision-making process and even they have been part of stakeholder discussions on the issue since 2021.As new rules mandate a minimum payment of Rs 22 per kg to recycle consumer electronics, the companies have claimed that it will triple their costs and benefit recyclers at their expense, as the new prices were 5-15 times higher than the current prices. They have sought setting aside of the electronic waste management rules which increased payouts to electronic-waste recyclers among other issues.Stating that fixation of lowest and highest price by the environment ministry was not unreasonable and was a measure to ensure that environmentally sound management of waste takes place, the government in its reply said that the Central Government has full powers and competency to bring in measures as required to fulfil the objective of the Environment Protection Act in order to protect and improve quality of environment.The environment ministry told the court that the market-based mechanism was put in place in order to have uniform framework for fulfilment of EPR obligations and also to mobilize resources and operation of sustainable waste management infrastructure at a scale which can reduce the unmanaged waste in the environment using market efficiencies. Simultaneously allowing for full transparency and accountability in generation and procurement of EPR certificates as transactions are through EPR portals. Hence, producers are effectively paying for end-of-life disposal of wastes, which is done by recyclers. This regime is well established and successfully running. 'The imposition of Environmental Compensation (EC) makes the producer financially liable for covering the cost for environmentally sound management of the un-managed waste left in the environment due to non-fulfilment of EPR targets, based upon the Polluter Pays Principle (PPP),' it said."...the present petitions are purely driven by commercial considerations related to cost rather than any legitimate legal grievances," said the government. There is no presumption of violation, and environmental compensation will only be levied in cases where non-compliance is detected through audits or inspections. The environmental compensation is not automatic; rather a due procedure of law will be followed before its imposition, said the government.It further submitted that, EC is not a punitive measure, neither is a penalty or fine, but is rather levied to ensure compliance of the waste management rules and to recover cost of unmanaged waste in case of non compliance. EC is not a penalty but cost of environmentally sound management of waste.The high court was hearing petitions against rules relating to imposition of environmental compensation for non-fulfillment of the E-Waste Management Rules, 2022 and Plastic Waste Management Rules, 2016. It has posted the matter for hearing on August 1.The companies have challenged rules 15(9) and 15(10) of the E-Waste Management Rules, 2022, which were amended in 2024. These rules establish a mechanism for producers to fulfil their extended producer responsibility obligations through the purchase and sale of certificates, with the Central Pollution Control Board ensuring that the value of these certificates reflects the environmental impact of e-waste management.
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