The Madras High Court has strongly condemned the import of municipal and hazardous waste into India, observing that knowingly bringing trash into the country is not merely an environmental violation but also an affront to the nation’s sovereignty.
The Bench of Justice D Bharatha Chakravarthy made the observations while hearing petitions filed by two paper manufacturing companies challenging orders passed by Customs authorities against them over the illegal import of waste consignments.
In a sharply worded judgment, the Court remarked that dumping waste on the country amounted to a grave betrayal of national interest. The Court noted that any individual who intentionally designs, imports, or facilitates the dumping of foreign waste in India is not merely violating the Environment Protection Act, 1985. Rather, such actions directly threaten the country’s sovereignty, constituting an egregious act of treason against the nation.
The judge also spoke about the global problem of “waste colonialism,” where developed nations shift the burden of hazardous and unwanted waste to developing countries. The Court said such practices undermine environmental justice and seriously threaten ecological security and public health.
The case arose after the companies imported consignments described as waste paper from a Canadian supplier. However, upon inspection by the Directorate of Revenue Intelligence, the containers were found to contain municipal waste, including PET bottles, street sweepings, food waste, broken glass, used cans and plastic waste, in violation of Indian law.
Authorities subsequently detained the consignments and directed the companies to re-export them. The companies sought permission either to send the cargo to Dubai or to recycle the waste within India.
Rejecting the plea, the High Court held that the law specifically requires “re-export” to the country of origin and does not permit diversion to a third country. The Court directed the companies to re-export the waste within 60 days and also held them liable to pay detention and demurrage charges imposed by container freight stations.
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