Karnataka High Court calls for criminal action against violators of solid waste management rules

The Karnataka High Court on Monday directed the State government and Bruhat Bengaluru Mahanagara Palike (BBMP) to consider initiating criminal action, in addition to the imposition of fines, against those found violating the Solid Waste Management Rules, 2016. [Kavit Shankar versus The State of Karnataka].The Court opined that merely imposing fines may not always act as a deterrent to prevent the violation of waste management rules. An additional measure may be required to ensure that people do not violate the rules repeatedly and casually, the Court said.“As such to deal with this aspect, the respondent BBMP may also consider to initiate a penal action against the violators, taking the recourse to appropriate provision of Indian Penal Code,” the Court ordered..A division bench of Chief Justice Prasanna B. Varale and Justice Krishna S Dixit was hearing a matter related to the segregation and disposal of garbage in Karnataka..The Court today opined that the collection of penalties amounting to ₹11.66 crores for the period between September 2019 and August 2023 from 3.84 lakh violators of the waste management rules was too meager.“In our opinion, if the total amount of the penalty collected by the respondent-BBMP qua violators is seen, it can safely be said that the penalty amount recovered from each violator is too meager to work as a deterrence measure,” the bench said..The Court today also urged the BBMP to go ahead with imposing user fees on waste generators without waiting for government approval. The BBMP had submitted that it would begin imposing the user fee after it gets State government approval. The Court, however, pointed out that there was no prescription under the relevant rules for the BBMP to obtain such permission first.“Accordingly the respondent BBMP may consider this aspect and may take appropriate steps as early as possible,” the Court ordered..The Court also flagged concern about biomedical waste being generated by hospitals in Bangalore. The Court said that the BBMP must also look into this aspect and take appropriate steps.The Court further said that citizens are also required to act dutifully to follow the provisions of waste management rules and not commit such violations that may lead to a “health hazardous situation” in the city. It accordingly asked the State government, BBMP, and Karnataka Pollution Control Board to “explore other means such as modern platforms or digital platforms” to create awareness among the public regarding solid waste management and “to give an angle of citizen-centric approach to the exercise.” .The matter has been listed for further hearing after four weeks.