NEW DELHI: Pointing out “uneven” compliance with solid waste management rules across India, the Supreme Court said the current generation cannot afford to wait for further legislative improvement while existing implementation gaps persist.
Observing that the right to a clean and healthy environment is an “inseparable part” of the right to life, the court issued a slew of pan-India directions to ensure that the executive has the requisite mechanism needed to enforce the Solid Waste Management Rules, 2026, which will be effective from April 1.
A bench of Justices Pankaj Mithal and S V N Bhatti said that neglecting municipal solid waste will impact health as much as the economy and India must be fully compliant with the 2026 rules when the world looks at the country for technology-related activities.
“Compliance with MSWM rules aimed at controlling waste management remains uneven across India. Although segregation at source into wet, dry and hazardous streams is still not fully achieved in many urban and rural areas,” the board said in its February 19 order.
She said huge landfills remain active in urban areas, even though biological remediation efforts have begun under the latest mandates.
The court passed the order while hearing two appeals arising out of two separate orders of the National Green Tribunal on environmental compliance by the Bhopal Municipal Corporation under the Solid Waste Management Rules, 2016.
“It is now or never. Expecting high results without the basic work of source separation and infrastructure would be unreasonable. Every stakeholder has an obligation to ensure that we achieve zero waste India,” the bench said.
She said the increase in economic waste is also linked to the country’s evolving economic landscape.
The court said that the courts have repeatedly reminded that the state has a duty to protect the environment and ensure the well-being of citizens.
“The councillors/mayors and their chairpersons, corporation members or ward members, being the primary elected representatives of the people, are hereby appointed as the chief facilitators of source segregation education. It is their statutory duty to register every citizen within their ward in implementing the 2026 Rules,” the bench said.
She said audits of solid waste management infrastructure should be done through district collectors.
The district collectors must communicate the identified issues and steps taken by stakeholders to the chief secretary in a time-bound manner, the judges said.
They directed that each local body must establish and announce an external time limit within which 100 per cent compliance will be achieved.
“The District Collectors are directed and empowered to supervise the generation, implementation and treatment of municipal solid waste by corporations/municipalities/panchayats within their jurisdictions and the report of non-compliance by any of the local bodies/districts shall be sent to the parent administration at the state and central levels,” the court said.
The local bodies were directed to email photographic evidence along with their compliance reports to the offices of district collectors to verify the actual progress in waste removal and infrastructure readiness.
It directed the Pollution Control Boards to identify and expedite the commissioning of infrastructure facilities required for four-stream separation, including bulk materials.
The LGUs must immediately communicate the 2026 Rules and a copy of the Supreme Court order to all identified bulk waste generators, all of which must be fully compliant with the law by March 31, the bench said.
The court said that the Ministry of Environment, Forest and Climate Change, with regard to Rule 33 of the 2026 Rules, should issue appropriate directions to ensure that solid waste management practices are properly included even in school curricula.
“To bridge awareness gaps, the Summary of Solid Waste Management Rules, 2026, specifically the parts covering households/individual citizens, should be translated into the local languages of the states/union territories concerned.”
The court said non-compliance with these rules will not be treated as a mere administrative error and there will be three levels of enforcement, including imposition of spot fines for initial non-compliance by generators or local authorities.
She said continued neglect would lead to criminal prosecution under environmental laws and would extend to all persons responsible for contributing, instigating or neglecting their legal obligations, including officials who fail to exercise their oversight duties.
“Under environmental laws, crimes related to mismanagement of solid waste are criminal in nature and punishable. Deployment of mobile courts to address violations in real time is also being considered,” he added.
The directives were issued as part of ensuring preparatory work before the effective date of April 1, 2026, the Supreme Court said.
“We treat our courts as responsible institutions and request the Chief Justices of High Courts and Chief Justices to ensure compliance of the Solid Waste Management Rules 2026 by all courts and tribunals within their jurisdictions with effect from April 1, 2026,” the statement read.
The authority assigned local bodies to launch public awareness campaigns to educate waste generators and said that they must be educated about reducing waste, practicing home composting, safely packaging sanitary waste, and delivering separate waste.
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