INTRODUCTION
The electronic waste and its management is a global problem and the concern towards the proper management in view of environmental protection is to be given top priority. The concern for environmental protection in India is found in Kautilya’s ‘Arthashastra’ written between 321-300 B.C.1 It emphasized that every individual should protect nature. Religious and cultural practices also play an important role in protecting the environment. The four Vedas- Rigveda, Yajurveda, Samaveda and Atharvaveda mentioned that man should conserve earth, water, air, fire and ether. They also emphasized about protection of wildlife and domestic cattle. During the British reign, there were laws regarding forestry, wildlife, water pollution, etc.
The term environment includes “water, air, land and the inter-relationship, which exists among and between water, air and land and human beings, other living creatures, plants, microorganisms and property”.2 In the 21st century, the information and communication revolution brought enormous changes in lives, economies, industries and institutions. The growth of population, industrialization, urbanization, development of science & technology, modern agriculture practices and unplanned activities of human beings have increased the environmental pollution, leading to the degradation in environmental quality. The pollutants in any form solid, liquid, or gaseous cause damage to environment as a whole.
The growing population is creating increased pressure on natural resources and the environment. The increased population creates more waste due to the increased consumption. The growth of the population leads to poverty and unemployment, which poses a big threat to the sustainable use of resources because of the inequality of access to resources and the way they use them. Thus, population growth and the impact of such growth on resources is the concern of all.
Everybody is equally concerned about a balance between substantial economic growth and equitable access to resources. Rapid industrialization is another cause of worry as far as environmental pollution is concerned. Industrial development, directly and indirectly, causes environmental pollution by discharging wastes without treatment, making the water unfit for human consumption. Industries over-exploit natural resources causing environmental pollution. Some chemical industries also discharge pollutant gases into the air, which affects human health and the environment.
Urbanization is a major factor, which contributes significantly to environmental pollution. Civilization started near water and cities developed near water sources. The wastes from the residential areas like solid wastes, human and animal excreta are released into the water without proper treatment and thus affecting the health of human beings as well as the environment. The cities are being extended and occupying the villages due to urbanization. Thus, agricultural lands are converted to commercial lands. This greatly affected food production in the years and increased greenhouse gases causing global warming and climate change.
Indiscriminate use of science and technology is a cause of environmental degradation. To make life comfortable, humans are using the technology without caring for their fallouts. Due to technological developments, many evil consequences like depletion of the ozone layer, alteration of the composition of the atmosphere, disturbance to ecological balance, solar radiation, global warming, acid rain and so on.
Modern agricultural practices and the application of newer technological processes in the field of agriculture also severely affect the environment. Due to the use of inorganic fertilizers, pesticides, insecticides, soil conditioners, fumigants, etc. the soil, water and air are being polluted.
Environmental pollution is of different kinds like air pollution, water pollution, soil pollution, noise pollution, radioactive pollution and electronic pollution.
• Air pollution is caused by carbon dioxide, carbon monoxide, chlorofluorocarbons, methane, automobiles, burning of garbage, dust, etc. Air pollution affects both human beings and other dimensions of the environment. Lung and respiratory problems are seen in human beings due to air pollution. Air pollution increases the greenhouse gases like carbon dioxide, methane and nitrous leading to climate change.
• Water pollution is mainly caused due to release of untreated wastes from industries, domestic, agriculture, etc. The consumption of contaminated water affects the health of human beings and other living organisms.
• Soil pollution is caused due to shrinking of fertilizers and pesticides in to the soil which are used in agricultural activities and dumping of industrial waste, medical waste, electronic waste and other organic and inorganic compounds. The fertility of soil decreases and salinity in soil increases due to these pollutants and thus affects agriculture. Through the food cycle, these toxic substances enter human beings and other living organisms affecting their health.
• Noise pollution is a result of automobiles, industries and factories, loudspeakers, ships, satellites and airplanes. Noise pollution causes high blood pressure and sleep disorders in humans. Noise from ships and airplanes affects even the living organisms in water and air.
• Radioactive pollution is caused due to nuclear accidents, wars and radioactive chemicals. Radioactive pollution mostly affects the environment and all the living creatures on the earth.
• Electronic pollution is caused mainly due to the dumping of used e-products and unscientific recycling. Electronic waste is polluting the entire environment, affecting the health of human beings and degrading the environment when unscientifically disposed.
Measures were taken to handle the environmental pollution issues at international level and national levels. Regarding international issues, the Stockholm Conference of 1972 is the first world conference for the protection of the environment and natural resources. It was held from 5th to 16th June 1972, in Stockholm, Sweden. The Conference mainly emphasized on, the people have ‘Only One Earth’ and one should protect it. It contained 26 principles, which mainly focused on global environmental assessment programs, environmental management activities and international cooperation for environmental protection.
Prior 1989, there were no specific international conventions for dealing with solid and hazardous wastes. The Basel Convention in 1989 has taken the initiative to regulate the transboundary movement of hazardous wastes. Later the Rotterdam Convention 1998, The Stockholm Conference 2001 and the Nairobi Declaration 2006 laid importance to protect human health and the environment by regulating hazardous wastes. The Basel Convention only in 2002 and the Nairobi Declaration in 2006 laid emphasis on e-waste management and handling. The Sustainable Development Goals 2015 also laid emphasis on environment. It laid goals for good health and well-being of humans and the environment. The Waste Electrical and Electronic Equipment Directive (hereafter referred to as WEEE) and The Restriction of Hazardous Substances Directive (hereafter referred to as RoHS) have laid down responsibilities for producers of electrical and electronic equipment (hereafter referred to as EEE) and directed them to stop usage of hazardous substances while manufacturing EEE.
At national level to discuss about progress in Indian Environmental Law, one should study before Stockholm and after Stockholm Conference. Mrs. Indira Gandhi the then Prime Minister of India was invited to the conference. After the Stockholm Conference, the Indian government gave more importance to environmental protection and India witnessed a new Environmental Era by enacting various legislations. The Wild Life (Protection) Act, 1972, The Water (Prevention & Control of Pollution) Act, 1974, The Forest (Conservation) Act 1980, The Air (Prevention & Control of Pollution) Act, 1981, The Environment (Protection) Act, 1986, etc.
The Indian government made the 42nd Amendment to the Constitution of India in 1976. The 42nd Amendment brought many changes including environmental issues. It emphasizes both the state and citizens to protect and safeguard the environment. New Articles like Articles 473, 48A4 and 51A(g)5were introduced that focused on environmental protection. The judges through their judgements have widened the scope of Article 21. It not only includes the protection of life and personal liberty but also includes the fundamental right to live in a pollution-free environment and access to fresh water and quality air.
Even before the Environment Protection Act 1986, the Indian judiciary played an essential role in protecting the environment. Until 1980s, the courts did not play much role in protecting the environment. The Ratlam Municipality6 case was the first case where the Supreme Court gave judgment for protecting the environment. In this case, Justice V.R. Krishna Iyer highlighted the need for environmental consciousness. The court observed that the non-availability of funds could not be pleaded as grounds for the non-performance of municipality’s statutory obligations. The apex court said that it is the responsibility of the State to protect the human health by providing a clean environment to its citizens. The court relied on Section 133 of Criminal Procedure Code, 1973, as there were no environmental specific regulations at that time. The court has emphasized environmental protection through its decisions in cases like L.K.Koolwal v.State of Rajasthan and Ors7and recognized that right and duty co-exists. There cannot be any right without any duty and there cannot be any duty without any right. The court held that Article 51A of the Constitution which has been inserted in the Constitution of India vide 42nd Amendment in 1976, imposes duty on the citizens. However, in fact it is the right of the citizens as it creates the right in favour of the citizen to move to the Court to see that the State performs its duties faithfully and the obligatory and primary duties are performed in accordance with the law of land. Later in Doon Valley case8, the court said that under Article 21 of the Indian Constitution, the individual has a right to life which includes right to clean environment.
The Environment (Protection) Act, 1986 came into existence from 19th November 1986 and many rules were laid under this Act for the protection and preservation of the environment. Before the E-waste (Management & Handling) Rules 2011 came into force, e-waste was dealt under the Hazardous Waste (Management & Handling) Rules 1989. Once the E-waste (Management & Handling) Rules 2011 have come into force, e-waste management and handling are covered under these Rules. Later in 2016, these E-waste (Management & Handling) Rules 2011 were amended and named as E-waste (Management) Rules 2016 and these Rules introduced Extended Producer Responsibility (hereafter referred to as EPR) and targets for producers, but excluded new producers. In 2018, these rules were amended and the EPR targets for producers were revised and new producers were also brought under the purview of these rules and EPR targets were fixed for new producers. In 2022, these rules were replaced and introduced EPR certificate and trade in EPR certificate. The 2022 Rules, have introduced environmental compensation for those entities, which violates any provisions of these rules. The amount collected under environmental compensation shall be utilized for waste management according to the decision of the Steering Committee. The new rules facilitated for the establishment of Steering Committee, which is responsible for the overall implementation, monitoring and supervision of these rules and if necessary review and revise the guidelines or EPR targets with the approval of the Central government.
In the knowledge-driven economy, electrical and electronic gadgets play a significant role in all walks of life. Electrical gadgets are very necessary in the present world to make work easier in all fields like offices, educational institutions, hospitals, supermarkets, malls, etc., and even changed the lifestyles. Hence, the increased use of electrical and electronic equipment is causing a great threat to the environment. This electrical and electronic equipment consists of both valuable and toxic materials and if disposed without proper care, it drastically affects the health of humans and the quality of the environment.
In the olden days, the use of electrical and electronic equipment was minimal due to less purchasing capacity, slow development in technology, traditional approaches of the people and lack of networking and e-commerce activities. Later, though the purchasing capacity was very low, they purchased, they took care of it, and if any problem came to the device, they used to get it repaired and reuse it. They did not go for a new one. Hence, the life span of the product was relatively longer. But nowadays, as the economic conditions of the people and the purchasing capacity have increased, even if the product is in good condition if some new model enters, they immediately try to exchange or buy the new one. People prefer to go for newer ones rather than repairing or upgrading the existing ones. They have developed a passion for technology and it became a status symbol. Thus, there is an increase in discarded goods, thereby leading to an increase in the generation of e-waste. E-waste contains many toxic substances like Arsenic, Barium, Beryllium, Brominated flame-retardants, Cadmium, Hexavalent Chromium, Lead, Mercury, Polyvinyl chloride, Phthalate esters, etc. These toxic substances pose a great threat to human health and the environment. Therefore, there is a requirement for systematic and a planned way of handling such toxic waste to maintain a sustainable environment as envisaged in the Sustainable Development Goals by the United Nations.
As technology continues to advance at a rapid pace and consumerism surges, the generation of e-waste has reached alarming levels, and the management of electronic waste has become a pressing global concern, and India is no exception. In India, the management of e-waste is governed by the E-Waste (Management) Rules 2016. These rules provide a comprehensive framework for the proper handling, disposal and recycling of e-waste in the country. The primary objectives of the rules are to minimize the environmental impact of e-waste, promote resource recovery and establish an environmentally sound management system. Key stakeholders involved in e-waste management in India include manufacturers, producers, collection centers, bulk consumers, dismantlers, recyclers and authorized refurbishers.
In India, there are many universities. According to Universities Grants Commission (UGC), as on 25-1-2023 there are 1074 universities in India. Out of them 460 are state universities, 128 are deemed universities, 56 are central universities and 430 are private universities9.
Table 1.1: Number of universities category wise in India
| S.No | Nature of Universities in India | Total No. |
|---|---|---|
| 1 | State Universities | 460 |
| 2 | Deemed to be Universities | 128 |
| 3 | Central Universities | 56 |
| 4 | Private Universities | 430 |
| 5 | Total | 1074 |
As the research work is specifically related to E-Waste Management in Higher Educational Institutions in the State of Telangana, the researcher has collected the data in Hyderabad. Hyderabad situated in South India, is the capital of the State of Telangana and well known for educational excellence and hub of technology. It is the center for many higher educational institutions such as central universities, deemed universities and state universities and colleges affiliated with traditional universities. With the advent of technology, students, faculty and other employees of the universities are using many electronic devices for their educational purposes. With the frequent changes in technology, the devices are discarded frequently, as many updated and new versions of electrical and electronic gadgets are available in the market. The concept of repair and use has lost its significance. As a result, educational institutions are contributing to the piling of electrical and electronic gadgets, which will be otherwise called the increase in e-waste. These educational institutions are the major producers of e-waste as they have incorporated Information and Communication Technology in higher education. The outbreak of COVID-19 forced higher educational institutes to use technology for teaching and learning and this led to more generations of e-waste accumulation.
In the State of Telangana there are total 29 universities as on 25-1-2023 according to UGC. Out of them, seventeen are state universities, four are deemed universities, three are central universities and five are private universities.
Table 1.2: Number of universities category wise in State of Telangana
| S.No | Nature of Universities in Telangana | Total No. |
|---|---|---|
| 1 | State Universities | 17 |
| 2 | Deemed to be Universities | 4 |
| 3 | Central Universities | 3 |
| 4 | Private Universities | 5 |
| 5 | Total | 29 |
An empirical study is conducted in four educational institutions, which are of higher education i.e. universities at Hyderabad in State of Telangana. Among 29 universities situated in State of Telangana, four universities of different statuses are selected as sample for the study they are University of Hyderabad (Central University), Osmania University (State University), The National Academy of Legal Studies and Research (NALSAR University of Law) and The ICFAI Foundation for Higher Education (IFHE deemed to be university).
The universities are the Institutions of higher learning/education. More or less all the universities in the country are homogenous in nature. Hence, four universities of different nature are selected for the study in Hyderabad in the State of Telangana. In educational institutions usage of e-appliances is more as everybody i.e. faculty, administrators, students, research scholars use for their regular works, which finally leads to generation of e-waste.
Significance of the Problem
Safe management of electronic waste has become a serious problem all over the world, more so in developing countries like India. Lack of proper centers for recycling, reuse and safe disposal, inadequate technology, lack of awareness among stakeholders and ineffective implementation of rules are contributing to this problem. To study the awareness of these rules in educational institutions and the proper implementation of rules and regulations, the researcher has selected this area for the research work. There are few studies in this field.
Objectives
The main objectives of the present research work are as follows:
i) To evaluate the extent of usage of electronic appliances and waste generation in higher educational institutions in Hyderabad in the State of Telangana.
ii) To understand the level of awareness about the E-Waste (Management) Amendment Rules, 2018 and E-waste (Management) Rules, 2022 which are prevailing and their implementation in higher educational institutions in Hyderabad in the State of Telangana.
Hypotheses
Flowing from the broad objectives stated above, the following hypotheses are formulated for qualitatively testing them in the field.
i. Ignorance about the e-waste disposal process and procedures laid down in the E-Waste (Management) Amendment Rules, 2018 and E-Waste (Management) Rules, 2022 may be one of the hurdles for proper disposal and management of the e-waste in higher educational institutions in Hyderabad, Telangana.
ii. Lack of direct connection between the producers and bulk consumer in higher educational institutions may lead to improper disposal of E-waste.
Topography of the Selected Universities
a. University of Hyderabad: The University of Hyderabad, a Central University established under the Act of Parliament (1974), is a Unitary University situated at Gachibowli, Hyderabad, Telangana. The university offers integrated Master of Science, Master of Art., Master of Fine Arts, Master of Technology, Master of Business Administration, Master of Computer Application, Master of Philosophy and Doctor of Philosophy full time and part time programs. The university has 12 schools and 41 departments. Nearly 400 faculties are working for the upliftment of the university and 5000 students are pursuing their education in the university. The different schools of the university are School of Mathematics and Statistics, School of Chemistry, School of Computer and Information Sciences, School of Humanities, School of Management Studies, School of Arts and Communication, School of Physics, School of Life Sciences, School of Social Sciences, School of Engineering, Sciences & Technology, School of Economics and School of Medical Sciences.
b. Osmania University: Osmania University was established in 1918 and is situated in Amberpet, Hyderabad, Telangana. This university was named after its founder, Nawab Osman Ali Khan, the seventh Nizam of Hyderabad. It is the seventh oldest in India and the third largest in South India. The university offers Undergraduate courses, Bachelor of Education, Bachelor of Physical Education, PG courses, Master of Education, Master of Business Administration, Master of Computer Application, Technology Management Courses, Pharmacy courses, Engineering courses and Post Graduate Diploma courses. The university has 12 schools and 53 departments. Nearly 560 faculties are working in the university and nearly 4000 students are pursuing their education in this university. The different schools of the university are School of Arts, Business Management, Commerce, Education, Engineering, Informatics, Law, Oriental Languages, Pharmacy, Science, Social Sciences and Technology.
c. The National Academy of Legal Studies & Research (NALSAR): The National Academy of Legal Studies & Research (NALSAR), is a National Law University established by an Act of the Andhra Pradesh State Legislature in 1998. The university is located at Shameerpet, Medchal District, Hyderabad, Telangana. The university provides comprehensive legal education and offers law courses at undergraduate, postgraduate and doctoral levels. Nearly 90 faculties are working for the university and nearly 1000 students are pursuing their education in this university.
d. The ICFAI Foundation for Higher Education: The ICFAI Foundation for Higher Education is a deemed-to-be-University established under Section 3 of the UGC Act, 1956 which is located at Donthanapally, Shankarapally Road, Hyderabad, Telangana. The university has four Schools namely ICFAI Business School, ICFAI Tech (Faculty of Science & Technology), ICFAI Law School and ICFAI School of Architecture. The university offers Master of Business Administration, Bachelor of Business Administration, Bachelor of Commerce, Bachelor of Arts in Economics, Master of Arts in Economics, Bachelor of Computer Applications, Bachelor of Technology, Bachelor of Science, Bachelor of Business Administration and Bachelor of Legislative Law Honors, Bachelor of Arts and Bachelor of Legislative Law Honors, Latin Legum Magister, Bachelor of Architecture and Doctor of Philosophy Programs. Nearly 350 faculties are working for this university and nearly 7000 students are pursuing their education in the university.
Methodology
A combination of doctrinal and non-doctrinal methods is adopted for the study. As far as doctrinal part is concerned, relevant data is collected from various sources: primary, secondary, vertical and horizontal namely textbooks on law, research articles from national and international law journals, case laws, e-waste reports and other related books and journals other than law. Primary sources are the international conventions, reports, the provisions laid down in the Constitution of India, various legislative enactments like, The Environment (Protection) Act, 1986, The Hazardous Waste (Management and Handling) Rules, 1989, E-Waste (Management & Handling) Rules, 2011, E-Waste (Management) Rules, 2016, Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, E-Waste (Management) Amendment Rules, 2018, Implementation Guidelines on E-waste (Management) Rules, 2016 and E-waste (Management) Rules 2022 are referred for the completion of research work. The relevant parts of judgments pronounced by the Supreme Court, High Court and National Green Tribunal are collected from Supreme Court Cases, All India Reporter.
The secondary sources from which the data has been collected include the Text Books on the subject under study, research articles from reputed International and National Journals, records maintained by Pollution Control Boards and other organizations, periodicals, cases and websites.
Regarding the non-doctrinal or empirical part of the study the researcher has selected four universities of different status out of 29 universities situated at Hyderabad in State of Telangana. A sample of four universities under different categories namely Central University, State University, Deemed University and National Law University are selected and a respective sample of respondents is selected through a simple random sampling method. The respondent group consists of the personnel who manage the electrical and electronic devices in the universities. The individual persons are appointed by the university to manage and handle the e-waste. Personal interviews were conducted by operating an interview schedule, which is structured in nature. The interview schedule consists of open-ended questions where the responses are mostly narrative in nature. The collected data is analyzed qualitatively and interpreted. The questions can be categorized into four kinds, namely- Knowledge about e-waste and its generation, knowledge about laws and rules relating to the disposal of e-waste, prevalence of relation between producers and bulk consumers and implementation of e-waste management practices in their institution. The interview schedule comprises of 24 questions and question numbers 1 and 2 come under the first category (Knowledge about e-waste and its generation). Question numbers 3,5,6,10,12 come under the second category (knowledge about laws and rules relating to the disposal of e-waste). Question numbers 11, 16,17,18,19 come under the third category (prevalence of relation between producers and bulk consumers). Question numbers 4,7,8,9,13,14,15,20,21,22,23,24 come under the fourth category (implementation of e-waste management practices in their institution). A copy of the interview schedule is annexed.
ANALYSIS & INTERPRETATION OF DATA
The questions framed in the interview schedule were grouped into four categories basing on different aspects of e-waste and its management.
• Knowledge about E-waste and its generation
• Knowledge about Laws and Rules relating to the disposal of e-waste
• Prevalence of relation between producers and bulk consumers
• Implementation of e-waste management practices in their institutions
Knowledge about E-waste and its generation
The first category of questions covers the usage of electronic appliances in the respective universities and knowledge about the generation of e-waste. As all the universities are higher educational institutions, all the personnel of four universities informed that they are using many electronic appliances like computers, laptops, televisions, refrigerators, fans, Xerox machines, air coolers, equipment in labs, etc. The number of departments, faculties and students are more in number in University of Hyderabad and Osmania University relatively.
Table 1.3: Number of departments, faculties and students in Universities under study
| S.No | Name of the University | Number of Departments | Number of Faculties | Number of Students |
|---|---|---|---|---|
| 1 | University of Hyderabad | 12 schools 41 departments | 400 | 5000 |
| 2 | Osmania University | 12 schools 53 departments | 560 | 4000 |
| 3 | NALSAR | One department | 90 | 1000 |
| 4 | IFHE | 4 departments | 350 | 7000 |
The usage of electronic appliances in University of Hyderabad and Osmania University is more compared to NALSAR and IFHE. The persons managing the E-waste appliances in all the four universities under study are aware about the electronic waste. They additionally opined that unused electronic appliances are also considered as electronic waste. The responses given by the respondents show that, they are having knowledge about the generation of e-waste.
Knowledge about Laws and Rules relating to the disposal of e-waste
The second category of questions consists about the knowledge on various laws and rules available for E-waste Management. Regarding the maintenance of records of e-waste generated in Form-2 the University of Hyderabad and Osmania University personnel have expressed that till 2021 they did not maintain the records, but now they are in the process of maintaining the records from 2022. NALSAR and IFHE personnel stated that they are not maintaining any records. Regarding the placing of the records for scrutiny to the SPCB, the personnel of all the four universities informed that they did not place the records for scrutiny to the SPCB till date.
Table 1.4: The maintenance of records of e-waste generated in Form-2 and placing before SPCB for scrutiny
| S.No | Name of the University | Maintenance of records in Form-2 | Placing before SPCB for scrutiny |
|---|---|---|---|
| 1 | University of Hyderabad | No (till 2021) afterwards they are in the process | No |
| 2 | Osmania University | No (till 2021) afterwards they are in the process | No |
| 3 | NALSAR | No (till today) | No |
| 4 | IFHE | No (till today) | No |
Regarding knowledge about the E-waste Management Rules 2018, all the personnel of the four universities who are in charge of managing e-waste informed that they have knowledge about e-waste. However, regarding any policy or procedure for e-waste management in their institution, they expressed that the institution does not have any policy framework of its own.
Regarding awareness on the take back policy, the personnel of the University of Hyderabad, Osmania University and IFHE informed that they are not aware. However, personnel of NALSAR informed that they know about the take back policy. The personnel of NALSAR informed that the take back policy is very poor in implementation as the pricing is very low.
Table 1.5: Indicating awareness about take back policy
| S.No | Name of the University | Awareness |
|---|---|---|
| 1 | University of Hyderabad | Not Aware |
| 2 | Osmania University | Not Aware |
| 3 | NALSAR | Aware |
| 4 | IFHE | Not Aware |
Regarding the filing of annual returns in form-3 by the institutions to the concerned SPCB, the personnel of all the four universities informed that they did not file until today.
The responses to the awareness of laws and rules relating to disposal of e-waste clearly show that the personnel of all the four universities do not know in detail about the laws and rules regarding e-waste management. Not even a single university has maintained e-waste generated in Form-2 till 2021. Only University of Hyderabad and Osmania University started the process after 2021 and SPCB is not scrutinizing these bulk consumers. Annual returns in Form-3 are not filed by any university to SPCB and this clearly shows the non-performance of bulk consumers and also the authorities of SPCB.
Prevalence of relation between producers and bulk consumers
The third category of questions consists of the prevalence of relation between producers and bulk consumers. Regarding interaction with the producers, personnel of all the four universities expressed that the wholesale dealers on behalf of the producers interact with them only about new products and new technology in those products, but do not discuss about the take back policy. Moreover, the personnel of all the universities expressed that the institution is purchasing electrical and electronic appliances from wholesale dealers but not directly from the producers. Normally, the agents of the producers who visit these universities include Cisco, HP, Lenovo, Dell, Panasonic, Sony, and Philips.
When enquired about the supply of information by the producers regarding collection points and collection centers, the personnel of all the four universities under study expressed that they had not been supplied with the said information. When enquired about whether the producer informed about deposit refund or e-waste exchange, the personnel of all the four universities informed that the producer did not inform about the deposit refund scheme.
Regarding the incentives by the producer for returning e-waste, the personnel of the University of Hyderabad, Osmania University and IFHE expressed that the producers are not giving anything. The personnel of NALSAR said that take back itself is an incentive and expressed that producers themselves discourage take back policy. Producers themselves say that if e-waste is handled to the scrap buyers they will get more money. For the question whether producers have provided any details of authorized dismantlers and recyclers the personnel of all the four universities stated that the producers did not provide any details.
Table 1.6: Indicating prevalence of relation between producers and bulk consumers
| S.No | Name of the University | Institutions have direct connections with the Producers. Yes/No | Awareness of Take Back Policy Yes/No | Supply of information by the producers regarding collection points and collection centers | producers have provided any details of authorized dismantlers and recyclers |
|---|---|---|---|---|---|
| 1 | University of Hyderabad | No | No | No | No |
| 2 | Osmania University | No | No | No | No |
| 3 | NALSAR | No | YES | No | No |
| 4 | ICFAI Foundation for Higher Education (IFHE) | No | No | No | No |
The responses to the prevalence of relation between producers and bulk consumers clearly show that the universities are purchasing the electrical and electronic items from wholesale dealers but not from producers directly. Out of four universities, University of Hyderabad, Osmania University and IFHE do not have awareness about take back policy and deposit refund scheme. This clearly indicates that the producers are only informing them about new products and technology but not informing about the take back policy or deposit refund scheme. The producers did not inform bulk consumers about collection points, collection centers, authorized dismantlers and recyclers. This clearly reflects that the producers are not performing their duties properly and they are not having any direct contact with the bulk consumers.
Implementation of e-waste management practices in institutions under study
The fourth category of questions, which covers implementation or practice, followed in their institutions, regarding managing of e-waste University of Hyderabad personnel informed that they hand over the e-waste to Metal Scrap Trade Corporation Limited (hereafter referred as MSTC Limited) which is a Central Public Sector undertaking under the Ministry of Steel, Government of India. The MSTC Limited has an online platform, where they dispose the e-waste through auction to the registered recyclers. Only those e-waste recyclers who have license can participate in the auction held by MSTC Limited. Osmania University personnel informed that they are having a Memorandum of Understanding (hereafter referred as MOU) with Center for Materials for Electronics Technology (hereafter referred as CMET) from 2021. The e-waste in their university is handed over to CMET and it gives training to their students in waste management and takes the students to industrial visit. The CMET functions as an autonomous scientific society under Ministry of Electronics & Information Technology (MeitY), Government of India. NALSAR and IFHE universities personnel informed that through tender notice in newspaper they dispose it to the persons who pay the highest amount.
Regarding checking of status of e-waste in the hands of recyclers, the personnel of all four universities informed that they only dispose and later they do not have any check or monitoring the recyclers. With regard to the question whether they face any problem or difficulty in disposing e-waste, Osmania University personnel informed that they are facing problem in disposing e-waste. Even though they inform the CMET authorities to collect the e-waste, they are not responding quickly, hence they are facing problem in storage of e-waste. Personnel of University of Hyderabad have informed that they are not facing any problem in disposing e-waste as they handover it to MSTC Limited. Personnel of NALSAR, IFHE have informed that they are not facing any problem in disposing e-waste because they give tender notice and dispose to those whoever gives the highest bid.
Table 1.7: Implementation of e-waste management practices in Universities under study
| S.No | Name of the University | How E- Wasteis Disposed | Check on the status of e-waste in the hands of recyclers | Problem or difficulty in disposing e-waste | Maintenance of records for collection, sale, transfer and storage of e-waste | inspection of records by concerned SPCB authorities |
|---|---|---|---|---|---|---|
| 1 | University of Hyderabad | Metal Scrap Trade Corporation Limited (MSTC Ltd) which is a Central Public Sector undertaking under the Ministry of Steel, Government of India. | No | No | No | No |
| 2 | Osmania University | Center for Materials for Electronics Technology (CMET). It is an autonomous scientific society under Ministry of Electronics & Information Technology (MeitY), Government of India | No | Yes | No | No |
| 3 | NALSAR | Through tender notice given to the highest bidder | No | No | No | No |
| 4 | ICFAI Foundation for Higher Education (IFHE) | Through tender notice given to the highest bidder | No | No | No | No |
Regarding the interval of disposing of e-waste, University of Hyderabad had expressed that from 2017 they are disposing once or twice in a year basing on the substantial quantity of e-waste generated. Osmania University personnel informed that from 2021 they are having MOU with CMET and in this year three times they have disposed because number of departments is more accordingly usage is more resulting in generation of more e-waste. Then after, only once in a year. NALSAR personnel informed that they did not dispose until now, as the electronic goods are still in usage. Mostly the computers, laptops, printers etc., are procured in 2016. If any old ones are still working, they are donating to schools. Nearly, seventy laptops are given to faculties in 2014 and now these laptops are given to the students. Classrooms are upgraded to digital classrooms in 2015 and still the equipment is in working condition. IFHE personnel have informed that they have not disposed any motherboards and other essential parts as they have mechanics, who repair and keep them in reuse. Only the plastic waste from these electronics is disposed.
Table 1.8: Showing university-wise disposal of e-waste
| S.No | Name of the University | Interval of disposal | Reason for Non-disposal |
|---|---|---|---|
| 1 | University of Hyderabad | Disposing once or twice in a year from 2017 onwards to MSTC Limited. | — |
| 2 | Osmania University | Disposing. In 2021 disposed for three times as the institution has MoU with CMET. Then onwards yearly once. | — |
| 3 | NALSAR | Not disposed till now as they are still in usage. | Procured in 2014 and 2016 and many are not that old. Old ones are repaired and provided to students and donated to schools. |
| 4 | IFHE | Electrical and electronic waste is not disposed till now. Only the plastic waste from these electronics is disposed. | Institution has an appointed mechanic who repairs then and there and keep them in use. |
When enquired regarding the maintenance of records for collection, sale, transfer and storage of e-waste the personnel of all the four universities have informed that they are maintaining only the purchase records but no other records. Regarding inspection of records by concerned authorities, the personnel of all the four universities informed that no one from SPCB or any authority is inspecting the records.
Certain individuals or institutions, in the name of protecting and preserving the data in cellphone or laptop or computers are retaining them instead of deleting or copying the data and disposing off. Regarding the question whether the data in the mobiles, computers and laptops erased during the selling of e-waste, personnel of University of Hyderabad and Osmania University have informed that they are not erasing the data. NALSAR personnel have informed that when they give it to the students or donate them, they are erasing the data and do factory resetting. Personnel of IFHE have informed that till now they did not dispose any e-waste and the question of erasing did not arise.
When enquired about whether there are any instances, which resulted in injury or health hazards to the users of electronic devices or persons handling the e-waste, the personnel of all the four universities said that, no injury has occurred to any person so far. For the question whether any cases are filed against the institution for payment of compensation with a plea of damage to health, the personnel of all four universities informed that no case has been filed so far.
When questioned about the transporting of the e-waste and precautions they are taking, University of Hyderabad personnel informed that the personnel of MSTC Limited once informed by them will come and receive the e-waste. Osmania University personnel informed that CMET persons only receive the e-waste and university does not transport. The NALSAR and IFHE personnel expressed that the highest bidders responded to the newspaper tender will arrange their own transportation to receive the e-waste. Hence the question of transportation does not arise for the universities. When questioned about whether they are burning any PVC pipes, the personnel of all the four universities informed that they are not burning any PVC pipes.
Table 1.9: indicating the practices followed while disposing the e-waste
| S.No | Name of the University | data in the mobiles, computers and laptops erased during the selling of e-waste | Instances of injury to the users of electronic devices or persons handling the e-waste | any cases are filed against the institution for payment of compensation with a plea of damage to health | transporting of the e-waste and precautions taking | burning any PVC pipes |
|---|---|---|---|---|---|---|
| 1 | University of Hyderabad | No | No | No | MSTC Limited will only transport | No |
| 2 | Osmania University | No | No | No | CMET persons will only transport | No |
| 3 | NALSAR | when they give it to the students or donate them, they are erasing the data and do factory resetting | No | No | The highest bidder will arrange their transport to receive the e-waste | No |
| 4 | ICFAI Foundation for Higher Education (IFHE) | till now they did not dispose any e-waste and the question of erasing did not arise | No | No | The highest bidder will arrange their transport to receive the e-waste | No |
The fourth category of questions regarding implementation or practice, they are following in their institutions it clearly shows that out of four universities only University of Hyderabad and Osmania University are giving e-waste to authorized recyclers while NALSAR and IFHE are disposing the e-waste as scrap through auction or tender. The universities do not have any check on the recyclers once they give the e-waste to them. Universities are not maintaining any records of collection, sale, transfer and storage of e-waste. SPCB are not inspecting the records of the universities and it clearly shows SPCB is not performing its functions effectively.
FINDINGS
After the analysis of the data collected from the personnel who are handling or managing the e-waste in the four universities under study, the researcher has drawn the following findings.
The personnel of all the four universities have knowledge of e-waste and how it is generated. The personnel of all the four universities know about the existence of laws and rules for e-waste management but do not know in detail. The University of Hyderabad and Osmania University till 2021 did not maintain records of e-waste generated in Form-2. However, from 2022 they are in the process of maintaining the records. NALSAR and IFHE are not maintaining the records. All the four universities under study are not filing annual returns in Form-3 to the concerned SPCB. According to Rule 9 of E-Waste (Management) Rules, 2016, bulk consumers should maintain record of e-waste generated in Form-2 and file annual returns in Form-3.
The study reveals that educational institutions who come under the category of bulk consumers are not maintaining the records as per Rule 9 and SPCB authorities are not monitoring effectively. All the four universities under study do not have any policy framework of its own for e-waste management. The producers should implement the take back and deposit refund scheme, however the study reveals that only the personnel of NALSAR is aware of take back policy and the personnel of the University of Hyderabad, Osmania University and IFHE are not aware of take back and deposit refund scheme. All the universities are purchasing the electrical and electronic appliances from wholesale dealers but not directly from the producers. The wholesale dealers on behalf of the producers interact only about new products and new technology but do not discuss about take back and deposit refund scheme. That is the reason why personnel of NALSAR though knew about take back policy is not able to implement it and also due to low price in take back policy. According to Rule 4 and 5 of E-Waste (Management) Rules, 2016, the manufacturers and producers should collect and channelize the e-waste to authorized recyclers. The producers are not collecting any e-waste from bulk consumers or providing any information regarding collection points and collection centers. This reveals that manufacturers and producers are not performing their duty effectively properly and they are not having any direct contact with the bulk consumers.
The personnel of University of Hyderabad, Osmania University and IFHE do not know about any incentives for returning e-waste whereas NALSAR personnel felt that take back itself is an incentive but it is very low. The producers did not provide any details of authorized dismantlers or recyclers to the personnel of all the four universities. According to Rule 5(e) and (f) of E-Waste (Management) Rules, 2016, producers are having a duty to create awareness through media, advertisements or publication regarding hazardous substances present in e-goods and provide information about dismantlers, recyclers and also toll-free telephone numbers or helpline numbers. The results of this study clearly indicate that they are not performing their duty effectively.
Regarding the implementation of e-waste management practices in their institutions, University of Hyderabad is handing over their e-waste to MSTC Limited. Osmania University is having a MoU with CMET and they are handing over the e-waste generated to CMET. NALSAR and IFHE are repairing the motherboards and reusing them and disposing only the plastic waste from these electrical goods to the highest bidder through tender notice in newspapers. Once the e-waste is handed to the recyclers or scrap buyers, any of the four universities under study have no check on them. University of Hyderabad is not facing any problem in disposing e-waste as they handover to MSTC Limited. Osmania University is facing the problem in storage of e-waste as CMET authorities do not respond quickly for collecting the e-waste. NALSAR, IFHE as they give tender notice and dispose them are not facing any problem in disposal. Due to this they are also not having any transportation problem. University of Hyderabad started disposing the e-waste from 2017 and Osmania University has disposed e-waste after 2021 as both the universities are having many departments, faculty, student and employees. But NALSAR and IFHE are repairing and reusing them. NALSAR is also donating old computers and laptops to schools and students. Therefore, only plastic waste from these electronics is disposed till date. All the universities are maintaining only purchase records but not any information of e-waste collected and channelized. Thus, the result of the study clearly shows that producers and bulk consumers are not performing their duty effectively. The SPCB authorities have a duty to monitor and comply with EPR as authorized by CPCB under Schedule IV of E-Waste (Management) Rules, 2016 but this study shows that they are not functioning properly.
Preventing the generation of e-waste is a proactive approach that addresses the root cause of electronic waste issues. Effective prevention strategies can significantly reduce the environmental and health impacts associated with e-waste, promote sustainability, and conserve valuable resources. Mostly the persons who are using the e-gadgets are youth and technical people. Therefore, the government should focus on these persons and gather the e-waste from them. The government should set up e-waste drop boxes in educational institutions and multinational companies, enlighten them about the hazards of improper disposal of e-waste, and encourage them to drop the e-waste in those boxes.
SUGGESTIONS
• Rule 15(i) of the Solid Waste Management Rules 2016 emphasizes the government to establish waste deposition centers for disposing of domestic hazardous waste. This rule should be implemented strictly.
• Government should take initiative for training and capacity building of individuals, stakeholders on sustainable e-waste management.
• Environmental Information System (ENVIS) centers should play a significant role in bringing about awareness of e-waste and its effects on the environment and human health.
• The consumers should reduce throwaway culture and use the product to the maximum of its life. They should be educated about the benefits of purchasing high-quality, durable electronics and reduce the frequency of replacements.
• Consumers should prefer Electronic Product Environmental Assessment Tool (EPEAT) registered products, as they are less harmful to the environment.
• In every Institutions of Higher Education e-waste cell should be started and bring awareness about the e-waste and its effects on faculties, students and other employees. The cell should see that the e-waste is deposited in the cell and this should be sent to the authorized recycler.
• All the bulk consumers should take the collection and disposal of e-waste as a Corporate Social Responsibility (CSR) and bring awareness among public about e-waste and its effects on human health and the environment.
• From the primary education stage, the children’s should be taught about the protection of the environment and, in particular, about solid waste management and more so E-waste management.
• Wastes should be treated at their source, as it will reduce costs as well as informal recycling.
• Tax benefits should be given to manufacturers and producers who produce long life products.
• Transformation to miniature modules results in lesser quantities of e-waste as the weight will be reduced and also the use of metals will be reduced resulting in conservation of natural resources and protection of the environment.
• Designers and manufacturers should be concentrating on developing long-lasting, regenerative, restorative and zero-waste materials and products.
• Erasing all data with software applications such as data erasure, which qualifies the IT asset to be reused by the same firm for its commercial operations or secondary use.
• Latest machinery should be imported for the recycling of e-waste. Because of non-availability of special machinery to extract precious metals like gold, silver, platinum, etc., which is not visible to naked eye, they are sending the motherboards to companies of other countries like Germany and those companies are paying only meagre amount, which is less value than the metals.
• Repeated awareness programs through print and electronic media regarding how to use technology responsibly and the disposal of e-waste are very much needed. Government, manufacturers and producers should work for this.
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Footnotes
1. Armin Rosencranz, Shyam Divan, ‘Environmental Law and Policy in India-Cases, Material and Statutes’, 2nd Edition, Oxford University Press, 2001.
2. Sec 2(a), Environment Protection Act, 1986.
3. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
4. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
5. It shall be the duty of every citizen of India-to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.
6. Municipal Council, Ratlam vs Shri Vardhichand & Ors 1980 AIR 1622, 1981 SCR (1) 97.
7. AIR 1988 Raj 2, 1987 (1) WLN 134.
8. Rural Litigation & Entitlement Kendra Dehradun & Others vs State of U.P 1989 AIR 594, 1989 SCC Supl. (1) 537.
9. https://www.ugc.gov.in/oldpdf/consolidated%20list%20of%20all%20universities.pdf accessed on 28-05-2023, page 1, 37,38.