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Chapter-I

Introduction to e-waste

“The incessant search for material comfort and their multiplication is

such an evil and I make bold to say that the Europeans themselves will have to

remodel their outlook, if they are not to perish under the weight of the comforts to

which they are becoming slaves.”

Mahatma Gandhi

1.1. Background

The term e-waste, every so often also occurring as expanded form

electronic waste, refers to all electronic devices, surplus, broken or obsolete,

which have been redundant by their original owners. According to estimates by

the UN, the world produces up to 50 million tonnes of e-waste per year. The

decreasing outlay of electronic goods has only compounded the problem.

In practice, computers, televisions, mobile phones and electronic gaming

devices form the biggest proportion of e-waste, since they are the things mainly

likely to be replaced in the short term when people are eager to purchase the latest

know-how. In this sense then there is a correlation between the problem of

electronic waste and what manufacturers describe as planned obsolescence, the

intentional situation of an artifact becoming obsolete after a certain period of

time, thereby forcing the end-user to replace it.

E-waste is predominantly significant because clearance of electronic items

can result in noxious trash, such goods containing perilous metals similar to lead,

cadmium and mercury, which can contaminate air and water when they are

dumped. Concern regarding the ecological issues surrounding e-waste has led

governments across the globe to implement laws prohibiting its clearance in

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landfills and issue directives on remanufacturing. In the European Union, a few

liabilities has been placed back on the manufacturer in the form of directives

which make them financially or physically liable for their tool at the end of its life

and thereby facilitate a competitive incentive for companies to plan 'greener'

goods. There is also now stringent regulation on the movement of electronic

waste, which traditionally found its way into Asian nations such as China and

India.

1.1.1. E-waste

The term e-waste as an abbreviation for electronic waste takes inspiration

from the use of the prefix „e-‟ as in e-mail, e-commerce, e-learning etc. It differs

from these examples even if in that the prefix relates to electronic in its basic

sense, 'using electricity and electrical parts'. Which has been opposed to denoting

the idea expressed in the Macmillan Online Dictionary as 'on or using the

Internet'.

The prefix „e-‟ and its association with electronic data began life in the

early eighties in the word e-mail, quickly assuming productive use on a range of

expressions relating to emerging technologies. With English as the lingua franca

of know-how, „e-‟ soon became used cross-linguistically, favoured as an

abbreviation for electronic regardless of how this translates into other languages.

E-waste is a popular, informal name for electronic goods nearing the end

of their „useful life‟. Computers, televisions, VCRs, stereos, copiers and fax

machines are common electronic goods. Many of these goods can be reused,

refurbished or recycled. Unfortunately, electronic discards is one of the best ever

growing segments of our global waste stream.

E-Waste is a predominantly difficult issue to deal with as it contains

various diverse resources and lots of extremely perilous compounds. Incorrect

clearance of electronic items can result in several of those perilous chemicals

entering into our environment in the course of water systems and air pollution.

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1.1.2. Impact of e-waste on Health and Environment

The e-waste is made of a multitude of elements, a few containing noxious

compounds that have adverse impact on human health and environment, if not

handled properly. Often these hazards arise due to the improper remanufacturing

and clearance methods used. It can have stern repercussions for those in proximity

to places where e-waste recycled or burnt. Waste from brown and white goods is

less noxious as compared with grey goods. A computer contains highly noxious

chemicals similar to lead, cadmium, mercury, beryllium, BFR, polyvinyl chloride

and phosphor compounds. A recent survey reveals the fact that nearly 8 million

tones of e-waste are generated in India by the end of year 2012. Improper

remanufacturing and bare clearance methods will have a drastic impact on the

people who are associated with remanufacturing of e-waste. A cell phone contains

highly noxious chemicals similar to americium (which is carcinogenic), lead

(effects nervous system), cadmium, mercury (causes sensory impairment,

dermatitis, memory loss, and muscle weakness), sulphur (a component of

sulphuric acid), BFR (effects nervous system, causes thyroid problems and liver

problems), beryllium (causes neural disorder), poly vinyl chloride and phosphor

elements (causes lungs and muscle disorder), cadmium (results in to lungs and

kidney damage.).

1.1.3. Identification of the problem

Digital development has become the latest mantra having its all engulfing

footprints everywhere. The booming usage of electronic and electrical tools has

created a latest except very perilous stream of e-waste. E-waste is also defined as:

“E-waste is a generic term encompassing various forms of electrical and

electronic Equipment (EEE) that are old, end-of-life electronic equipments

and have ceased to be of any value to their owner.”

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With the presence of deadly chemicals and noxious compounds in the

electronic gadgets, clearance of e-waste is becoming an ecological and health

nightmare. E-waste is now one of the best ever growing waste streams. Every

year, hundreds of thousands of old computers, mobile phones, television sets and

radio tool are redundant, mainly which either end up in landfills or unauthorized

remanufacturing yards. This has lead to initiate a quest to enact e-waste

management laws as a vital part of contemporary ecological jurisprudence.

1.2. Objective of the study

The objective of the proposed research is to study and analyze existing e-

waste management laws, both enacted and case law in various nations and

pertaining to electronic waste in India also. In addition to this it will also envisage

legal framework pronounced at International level with an aim to find out the

competency of laws enacted to resolve the problem of e-waste management

caused by the technological revolution. The Researcher intends to briefly study

the guidelines established by the International Organizations controlling the

electronic waste to find if Indian Laws on the subject are at par with those

guidelines. The Researcher will compare the legal principles applied in India and

other nations also. The Researcher will investigate in the reasons liable for the rise

of this problem, existing laws across the global to regulate e-waste and

contemporary inventions and techniques effective in e-waste management. The

Researcher will analyze the outcome of each and every legal principle and legal

provision and will try to suggest the effective legal principle, suitable procedure

and adopted model so as to enunciate the draft of competent legislative guiding

principle for e-waste management. In order to satisfy the above quest, researcher

has formulated the following research questions.

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1.3. Research Questions

1. What is the nature and extent of e-waste across the globe?

2. At what extent the electronic wastes are perilous to the Environment and

the Public Health?

3. What are the various factors liable for the rising impact of e-waste on the

Environment?

4. What are the world-wide Conventions, International and National laws

have been enacted on e-waste management?

5. What kind of world-wide schemes, principles have been introduced to

manage and dispose off the e-waste?

6. Which Universal principles have been proved to be mainly competent to

manage e-waste?

7. What kind of steps has been taken by the State Authorities in furtherance

of law enacted on e-waste management?

8. What kind of liability on the polluter or manufacturer or state can be

imposed?

9. Which type of effective measures and technology is best suitable to

manage e-waste?

10. What improvements can be done to fill the lacunae in the existing e-waste

management laws?

The Above quest of the Researcher will proceed on the following

assumptions:-

1. Environment Protection Laws are insufficient to facilitate for the effective

e-waste management in India.

2. International resolutions and guiding principle implemented in other

nations can give a set of competent legislative framework to curb the

menace of e-waste.

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3. Corporate Social Responsibility (CSR) is introduced in India and the

problem of electronic waste still persists.

4. Polluter pays principle has been applied in India with mere penal

provisions.

5. Environment Protection Authorities are incapable to control this problem

of e-waste.

1.4. Rationale of the study

It has been seen in recent years that the extent of used electronic goods has

turned in to a menace to environment conservation across the globe. Dumping of

electronic waste and improper remanufacturing of e-waste are the foremost causes

liable for the growing junk of e-waste. As a result of this, life threatening disease

similar to cancer and other infectious diseases have become very common in

every society. It is also widely believed that e-waste is not a foremost pollutant as

compared to other elements. This misconception has aggravated the problem

substantially. Improper remanufacturing, improper metal extraction method

without safety precautions is very wide extended. Due to this, contamination of

detrimental metals in water and air has become a natural phenomenon. Improper

and inefficient e-waste management laws are liable for this emerged and wide

extend ecological problem. Never the less, e-waste is source of money because it

contains expensive metal similar to Gold, Copper and Silver. Remanufacturing

industry is earning huge profit out of e-waste and after extracting expensive

metals they dump detrimental e-waste in soil or contaminate the water. The cases

of life threatening diseases are very common and eventually medical science is

incapable to discover the cause of illness. Indirectly, they put blame on water, air

and soil. And all of us know very well that in India we have various rules and

regulations enacted by law to curb the pollution in environment.

It is widely believed that ecological pollution is mainly caused by

industrial waste, domestic waste and automobile effluents. But now, if we

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investigate, the foremost contribution in industrial waste has been done by e-

waste itself. The legislature has done its duties by enacting Hazardous waste

management rules in 2003, 2008 and 2011 in India, which is not exhaustive on the

issue of e-waste. The government and industry both are not able to control and

curb the problem of e-waste. The services and remanufacturing system seem to be

in shocking state of affairs and the cases of pollution caused by e-waste are on

rapid increase in India. The laws governing them seem to be insignificant and

ineffective and consequently create no deterrence.

Researcher strongly feels that there must be an effective remanufacturing

system in India for e-waste. But these days in remanufacturing method, know-

how is either outdated or almost absent in India. The researcher noticed in various

remanufacturing units, workers used to separate precious metals from e-waste

with their bare hands. Probably this may be due to the failure of law to balance

the interest of all stake holders.

In view of the above, it has become pertinent to analyze the existing laws

both enacted and pronounced governing the management of e-waste. The

researcher would also visualize the efficacy of the existing guiding principle on e-

waste management viz-a-viz guiding principle adopted in foreign nations. The

researcher will try to compare the laws in western nations, from where the

technological advancements began and guiding principles for e-waste

management were drafted first.

1.5. Research Methodology

To find out the answers of above questions, the Researcher will adopt a

very precise Research Methodology based on study of legal literature available on

this subject at National and International level. The study will follow descriptive

research method in compilation, organization, interpretation and systematization

of the primary and secondary source material. Primary sources similar to

International Conventions, Resolutions, Indian statutes and Indian Law

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Commissions Reports are the basis of the study. As a secondary tool for the study,

the books of eminent authors, articles in research journals and newspaper reports

will be analyzed. Review and analysis of legal literature available in India and in

other nations will be examined. Several online databases and internet search

engines will be surfed to make the study effective and realistic. The study will be

doctrinal in nature. The findings and conclusions will be based on qualitative

analysis. The Researcher will frame the findings and outcome in the following

proposed chapters.

1.6. Research Hypothesis

The researcher‟s hypothesis is that the peril of e-waste across the globe is

only because of either absence of management system or mismanagement by the

system or lack of sufficient know-how and not the lack of law. Researcher has

opted to compare the world-wide e-waste management laws with Indian laws on

e-waste management.

The researcher feels that present laws in India on e-waste are not

exhaustive or competent so as to facilitate for establishment of an effective e-

waste management system. The researcher in present research will try to arrive to

the conclusion whether above hypothesis is correct or not.

1.7. Literature Review

Researcher started review of literature with the study of international

conventions on e-waste. The first important convention which the researcher

encountered was Basel Convention, which is highlighting e-waste management

rules. Basel convention was the first and foremost international convention on e-

waste which initiated importance of e-waste in ecological jurisprudence.

Thereafter, the researcher studied Rotterdam, Bamako conventions, which further

envisaged on the concept of e-waste management laws. The researcher also

studied European Union‟s Waste Electrical and Electronic Equipment (WEEE)

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Directive. WEEE directive is the only directive in European nations which

embarks exclusively on problem of e-waste and e-waste management laws.

WEEE directives are the chief source of e-waste laws adopted or inspired across

the globe almost in every nation. In United States of America, Canada, Asian

nations similar to China, Japan, South Korea, Taiwan and India. The researcher

has explained the glances of WEEE directives in their National e-waste

management laws. The researcher also studied various e-waste management

models similar to General Tax Base Funding, Deposit/Refund System, Advanced

Clearance/Advanced Recovery Fees, End-of-Life Fees, Producer Take-Back

Programs and Extended Producer Responsibility adopted in Canada. The

researcher studied Indian laws on e-waste and has referred Hazardous waste

management rules, 2003, 2008 and 2011 and analyzed the competency to control

the problem of e-waste. Researcher has also studied various judgments passed by

the courts in India and abroad and has opined the verdicts in his study.

Thereafter, a number of Indian and foreign, predominantly cases in United

States of America and UK have been referred to find out the judicial reasoning to

inflict liability against e-waste management and principles under should it be

inflicted on the authorities concerned. Researcher has also compared the

effectiveness of laws enacted across the globe on e-waste and management

system adopted thereto and has cited his findings and suggestions in his study.

The researcher has also undergone in the course of other International

conventions, International instruments on e-waste, regulating acts in various

nations besides a number of books on the subject written by various authors,

which have been mentioned in the bibliography. The researcher has also tried to

go in the course of few dissertations/thesis written on the subject. Even if, it was

surprising that researcher did not find any study conducted directly on e-waste.

Researcher has also reviewed reports and articles published in journals,

magazines and newspapers and also on various websites. Through reading of

these literatures have been of great help in formulating present study and

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researcher is highly indebted to all the original authors for producing such

brilliant material. Before the inquiry is undertaken, it will be worthwhile to throw

a glimpse on the scheme which has been adopted in writing this thesis.

1.8. Chapterisation

Chapter-I Introduction to e-waste

Chapter –II Menace of e-waste

Chapter-III Global laws on e-waste management

Chapter-IV E-waste management laws in India

Chapter-V Comparative Analysis

Chapter-VI Findings and Recommendations

Bibliography

1.9. Limitations of the study

E-waste management laws are a very popular subject and have been

widely covered by various authors in India and abroad. Even, e-waste has

multiple dimensions with lot of important material on the subject, which tempted

the researcher to include them in his thesis even at the outlay of a little diversion

from the central idea. E-waste is such a huge topic that it has not been possible to

do justice with the subject for the fact that researcher could not cover all facets of

e-waste. Even he has tried to cover important areas to emphasis on the liability of

the legislature and the manufacturer. Another problem which the researcher

encountered during his research was that mainly the books written on e-waste

have almost same content, and so is the case with case law and ecological

jurisprudence. This has been a great constraint in finding the stuff. The researcher

did not find any research directly pertaining to e-waste management laws in India.

Also there are no data available on extent of hazards caused by e-waste, impact on

health predominantly caused by e-waste, enhanced techniques to recycle. Hence

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the researcher depended mostly on newspaper reporting, Indian and international

environment law journals, information conveyed in various seminars and

conferences, information received in the course of personal interaction and

information available on internet. This had its own limitations. The newspaper

reporting is not authentic. It looks as if there has been no appropriate research in

India on such an important topic as numbers of people are suffering from

incurable illness because of e-waste, extent of e-waste is overwhelming and

management laws are incompetent.

Huge numbers of cases are being decided on the subject almost on licence

and permission policies. Reading and analyzing these cases has been very

cumbersome. There are multiple authorities to regulate e-waste and other types of

domestic wastes and it is not easy to segregate. Yet another concern was that

researcher was intending to go to United States of America and see for himself the

technical advancement and procedures of e-waste management. Even, due to lack

of fund, this could not happen and the study depended mainly on the information

gathered in the course of personal interaction and library research.

Even, the researcher has made a few humble efforts to do justice with the

topic and begs forgiveness if his efforts lacked somewhere. It is expected that

even if this study may not be complete code on the subject, except definitely it

could be seen as in important step in the direction for motivating others to work

on the topic in future.