Need for a Circular Economy to Manage E-Waste: An Analysis of Indian Legal Regime

Abstract

As per the Global E-waste Report 2020, approximately 53.6 million metric tonnes of E-waste were generated globally in 2019, which is expected to exceed 74 Mt by 2030. Asia ranks in first place for the quantity of e-waste generated in 2019, followed by the American, European, and African continents. At the global level, India has moved from fifth to third in generating e-waste. To address this issue India has launched various programs, including policy regulations for environmental protection. The Electronic Waste (Management and Handling) Rules, 2011 was one such great move to manage e-waste scientifically, and the E-Waste (Management) Rules, 2022 replaced the old Rules. In this context, this study tries to examine the importance of scientific e-waste management strategies, basic regulatory standards adopted by other countries, and a critical review of the laws existing in India. The study finds that, though India revised the E-waste Management Rules recently, it failed to incorporate various fundamental concepts like circular economy, reverse logistics, right to repair, and incentives for consumers and producers to properly manage e-waste. The paper also aims to give a comparative analysis of E-Waste (Management) Rules 2016 and 2022. On the basis of the research, the paper recommends adopting a more comprehensive approach where all stakeholders, including the informal sector dealers and dismantlers are identified and responsibilities are assigned to them. A regulatory shift towards upstream e-waste management is also recommended for developing ecologically sustainable EEE electrical or electronic equipment for the future.