Navigating the Plastic Predicament: Evaluation the Government’s Role in Plastic Waste Management in India

Paper Details 

Paper Code: RP-VBCL-25-2025

Category: Research Paper

Date of Publication: April 20, 2025

Citation: Mr. Pawan Yadav & Dr. Sanya Yadav, “Navigating the Plastic Predicament: Evaluation the Government’s Role in Plastic Waste Management in India", 2, AIJVBCL, 354, 354-367 (2025).

Author Details: Mr. Pawan Yadav, Ph.D. Scholar, School of Law, Bennett University, Greater Noida

Dr. Sanya Yadav, Assistant Professor, School of Law, Bennett University, Greater Noida.

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ABSTRACT

Plastic waste management poses a grave threat to the environment and society at large. This research article is an attempt to present a holistic review of the plastic waste scenario in India, with a primary focus on finding out what the government has been doing in this complex task. Therefore, legal regime is currently found, as rules and regulation available such as the Plastic Waste Management Rules, 2016 as well as Plastic Waste (Management and Handling) Amendment Rules, 2021. Accordingly, the relevant details would now depict which all could act as regulatory framework towards handling plastic wastes in the current setup. This article makes use of best international practices in measuring successful strategies and approaches taken by other nations in addressing plastic waste issues. Few good case studies on India and around the globe include Kerala's "Clean Kerala" campaign and Taiwan's recycling program, as such cases help one understand achievement and failure with the same scale of information. Economic and social perspectives of the study on waste management are incorporated by this, showing economic avenues through recycling or waste-to-energy options and more on community's welfare and general public awareness measures. These eventually culminate in a set of policy recommendations that range from community engagement, better extended producer responsibility, better recycling infrastructure, wide-scale bans on single-use plastics, and effective enforcement of rules. This article will thus contribute to the global discourse on plastic waste management by providing a focused analysis of the potential and problems that India itself faces. It guides India towards a more sustainable, responsible, and cleaner future through a critical review of the role played by the government, coupled with practical policy recommendations in which plastic waste management benefits the environment, public health, and society to a large extent.

Keywords– Environment, Navigating, Management, Pollution, Plastic

INTRODUCTION

It’s one of the biggest threats mankind has ever encountered worldwide. This came to an alarming level threatening the very environs, public health, and sustainable development. India being one of the most populous countries on earth finds itself right at the forefront of this environmental crisis. The fast pace of the single-use plastic, inefficient systems of waste management, and little public awareness have made the plastic problem in the country worse. Given this context, the role of the Indian government has to be analyzed while dealing with this severe situation and laying a future direction toward sustainable and responsible plastic waste management. [1]

This highly omnipresent, flexible material-the most versatile-in the modern world has become essential to modern living. From novel packaging of consumer items to health care and transport, the range of applications seems endless. Nonetheless, this utility and convenience from plastics have a tremendous cost that is paid dearly. Persistent characters do not break down easily because plastics do not degrade easily and hence build-up plastic waste in landfills and oceans and through various ecosystems. This is not only a threat to biodiversity but also poses long-term risks to human health, since micro-plastics end up in the food chain.[2]

The government will come into a primary role of reducing plastic waste because it formulates policies, rules, and undertakes schemes which help the plastic menace get a curb. It is proposed by this paper that the study for the research questions would involve critiquing how effective Indian governmental interventions in curbing plastic wastes are. Thus, an emphasis will be on the evaluation of the policy frame, implementation structure, and barriers that plague governmental efforts toward mitigation of plastic maladies. Further, this research is going to explore international best practices, stakeholder involvement, case studies, and the economic and social implications of plastic waste management to draw insights toward better decision-making in the fields of policy.[3]

By showing the gravity of the plastic dilemma in India and the need to conduct multifaceted research spread across various different dimensions, the policy analysis for technological innovations were explored. At the end, we hope a comprehensive understanding emerges about the existence of plastic wastes in India coupled with policy advice that can direct the country forward toward a less polluting, more sustainable, and environmentally harmonious future. Ultimately, this article will contribute to the global discourse on mitigating plastic pollution and creating a cleaner, healthier, more environmentally responsible India.[4]

PLASTIC WASTE IN INDIA

India is no exception. The tough challenge of managing plastic waste casts a shadow over many countries. Increased mass production of single-use plastics along with the lack of advanced waste management has also added to the plastic pollution.[5]

Indian pollution: plastic is turning out to be one environmental threat in this nation. Each year, about 3.5 million tones of plastic are created, mostly through major Indian cities such as Delhi, Mumbai, and Bengaluru. Since regulations have failed to help deal with the same effectively, even the minor parts are recycled but large quantities can be seen thrown to landfills, rivers, and oceans to bring severe kinds of pollution there.

Single-use plastics, such as bags, straws, and packaging materials, are the main contributors to plastic waste. These items take hundreds of years to decompose, causing long-term damage to the environment. The improper disposal of plastic waste leads to clogging drainage systems, killing wildlife, and polluting soil and water bodies.

To counter this problem, the government of India recently initiated the policies of a one-time ban throughout the country, extended producer responsibility, and large-scale awareness through various campaigns and activities. Furthermore, many small-scale startups along with NGOs and companies are making new innovative inventions and developing bio-degradable alternative products like reusables.

INTRODUCTION TO PLASTIC POLLUTION    

There's plastic waste absolutely everywhere in the country of India. It began with packaging in consumer products; it started getting used in diverse industries. What this did generate was an alarming volume of plastics. This leads to an indication of the impact of plastic polluting the cities. Plastic spreads on streets and chokes rainwater drains or water bodies to cause urban floods and a nuisance to both people and the environmental system. The presence of plastic waste inside oceans and rivers causes threats to marine life, whereas the fragmentation of plastics into micro-plastics produces a sorry state for ecosystems and public health.

INDIA'S PLASTICS WASTE

The amount of plastic waste produced in India is just unbelievable. The CPCB, which stands for Central Pollution Control Board, estimated 25,940 tonnes of plastic garbage to have been generated on a daily basis in 2019 and the figure just keeps growing. More plastic is being consumed, and this is a testament to how plastic has become an indispensable part of people's everyday lives in India.[6]

ENVIRONMENTAL AND HEALTH EFFECTS

Plastic waste causes many environmental problems. Plastic garbage makes cities dirty and kills many animals. Plastic waste in seas, rivers, and lakes spoils the water ecosystems and causes danger to water animals. Secondly, plastic cannot decompose. So, plastic remains for centuries, and all these problems add up.[7]

The health aspect has seen the detection of micro-plastics in drinking water, in foodstuffs, and even in the air. This increases the concern of human health risks posed by the ingestion and inhalation of plastics as some studies have hinted at links to health challenges including endocrine disruption and other adverse effects.[8]

APPLICABLE LAWS AND REGULATIONS

To address the crisis of plastic wastes, the government of India enacted various laws and regulations to regulate plastic production, use, and waste management. Some of these key legislations are:

• Plastic Waste Management Rules, 2016: Regulation and management of plastic waste that would include collection, storage, processing, transportation, handling, and disposal. Also, extended producer responsibility has also been prescribed here; hence manufacturers are being made liable for collecting and recycling of a definite percentage of plastic from their productions.[9]

•Single-Use Plastics: Most of the states and union territories in India have now banned single-use plastics. That has checked the use and sale of articles such as plastic bags, cutlery, and straws.

• The Plastic Waste (Management And Handling) Amendment Rules, 2021: These amendments try to make the legislation and rules of plastic waste management somewhat more stringent in its present forms, yet nudging the shift toward alternatives as a replacement for single-use plastics.

ROLE OF GOVERNMENT IN PLASTIC WASTE MANAGEMENT

The government played an important role in trying to tackle the plastic waste crisis witnessed in India. It was taskfully charged with the responsibility of developing policies, regulations, and initiatives toward containing the growth of plastic waste and improving good practices in sustainable waste management.

Regulatory Framework and Policies

The Indian government has devised an all-inclusive policy framework on the issue of plastic waste. These efforts primarily rest on the Plastic Waste Management Rules, 2016. There is a roadmap for collection, segregation, storage, transportation, processing, and disposal of plastic waste as contained within the rules. They also introduce Extended Producer Responsibility, in which the manufacturer, importer, and brand owner are liable to collect and recycle a portion of the plastic that they sell in the country.[10]

Government has also incentivized the states and union territories to prohibit single-use plastics. Single-use plastics bans are implemented with different types of success in different regions. Items targeted include plastic bags, cutlery, and disposable containers. In 2021, the Plastic Waste (Management and Handling) Amendment Rules were notified for strengthening the legal framework and imposing further responsibilities on manufacturers, brand owners, and generators of waste.[11]

Implementation and Enforcement

Although India has a good policy framework, the enforcement and implementation of these regulations is a challenge to the country. Large country size and a big population create hindrances in the enforcement process, and lack of awareness and non-compliance from the stakeholders' side add to the complexity of the country's efforts. Different states have varying capacity and infrastructure in the management of plastic waste which leads to variations in its waste management program.[12]

It is not easy to ban plastic. The affordability of alternatives and the acceptance of people in the given environment determine the feasibility and effectiveness of the banning of single-use plastics. Bans on single-use plastics have been effective in reducing their use in some regions, but they are not easily implementable and meet with resistance in other parts of the world.

Difficulties and Deficiencies

Management of plastics in India by the government did not pass muster without problems or shortcomings in it. Some among them are the following:

• Lack of Proper Infrastructure: India lacks proper infrastructure for waste segregation, collection, and recycling, which is very essential for effective plastic waste management.[13]

• Limited Public Awareness: Public education and awareness and occasional campaigns will be required to promote responsible use of plastics and sensible practices on waste management.

• Informal Plastic Recycling Industry: The informal industry, however, contributes more to plastic recycling, but is working in highly disorganized and environmentally destructive methods. The biggest problem is including these actors within the organized chain of waste management.

• EPR Compliance: The other concern is the observance of the EPR provision by the manufacturing and brand-owning fraternity, which must be monitored and regulated more appropriately by the government.[14]

GLOBAL BEST PRACTICES IN PLASTIC WASTE MANAGEMENT

The issue of plastic waste is not unique to India; a multitude of nations have faced the same problem and devised new approaches to manage plastic waste.

Comparative Analysis

Examining certain strategies implemented in different nations can provide valuable insight into effective international practices for managing plastic waste that could be adapted to local contexts. Some countries have managed to effectively address plastic waste by integrating policy measures and technological developments.[15]

RWANDA: Rwanda, by virtue of having implemented an absolute ban on non-biodegradable plastic bags since 2008, arguably is at the forefront in dealing with plastic wastes around the globe. A strong ban, once imposed, decreased plastic wastes, which kept the environment clean. Imposing complete bans on various plastic items turned out to be successful.[16]

GERMANY: Germany has the most effective system of recycling. The country has a two-stream system of recycling, which allows consumers to source packaging waste. That way, it ensures that the rates of recycling are higher, and the streams of waste have lower levels of contamination, thus being an example for India.[17]

SWEDEN: Sweden, for instance, has achieved waste reduction through using its facilities in what is called "waste-to-energy". For the non-recyclable plastics, such plants have been utilized to generate energy. Similarly, in India, such similar solutions could be considered for turning non-recyclable plastics into waste-to-energy.

CONCLUSIONS  FOR INDIA

The foreign best practices may be very instructional for India for its plastic waste management initiative, as follows

Wide Bans: India can learn and take lessons from Rwanda, because the single use plastics of those items that has been banned was effective to eliminate plastic wastes because effective implementation coupled with public enlightenment is required.

Infrastructure for Recycling: The dual-stream system of recycling in Germany has shown that without an appropriate infrastructure, recycling is just a dream. India should start its segregating, collecting, and recycling mechanisms without delay to raise the rate of recycling, which will in turn be reduced plastic pollution.[18]

Waste to Energy: The waste-to-energy plants could replace the deposit of landfills for plastics that are not recyclable. India should look to technologies that are somewhat akin to waste-to-energy as a better alternative for plastic waste disposal.[19]

EPR or Extended Producer Responsibility: There is effective management of EPR in some countries. India can take further measures in strengthening and implementing its regulations related to EPRs, to make the manufacturer responsible for the recycling and waste management generated through their products.

Public Awareness and Participation: Public education and participation campaigns have been the key to many plastic waste management projects' success. India is likely to have to invest heavily in awareness programs that encourage responsible use of plastics as well as responsible waste management.[20]

LEGAL FRAMEWORK

International laws and regulations do not apply directly to India. The international legal framework can still be taken as inspiration and formed into a context specific to the country. For example:

• The EU has provided ambitious recycling as well as plastics waste reduction goals. The latter can attain equivalent long-term aims and policy infrastructures by ensuring a circular plastic economy.[21]

• Basel Convention relates to trans-boundary movement of hazardous wastes which also include certain kinds of plastic waste. This means that the import and export of plastic waste in India could be controlled through its policy and alignment with international conventions.[22]

• Another example that India could explore is the UK Plastic Tax. This is the tax imposed on plastic packaging with less than 30% recycled content. The move could assist in using more recycled material and less plastic waste.

CASE STUDIES

Studies based on case studies from the Indian context as well as other countries are needed in order to have an idea about the situation with regard to the management of plastic waste and the complexity and dynamics involved.

SUCCESSFUL GOVERNMENT INITIATIVES

A. Kerala, India, Campaign for "Clean Kerala”

The southern Indian state of Kerala ran the "Clean Kerala" campaign. Its achievement had efficient waste segregation at the source, collection of wastes, recycling, and public awareness programs. In that, encouraging segregation of organic and inorganic wastes compelled all citizens to bring mixed wastes into negligible disposal, and the state government was able to show good results in this area.[23]

B. Taiwan Recycling Program

Taiwan touts its recycling program with solid achievements of amounts recycled. The government started the "pay-as-you-throw" system where, based on the volume of wastes produced, residents pay. It rewarded less waste generation and encouraged increased recycling. Indeed, some of Taiwan's successes give some indication that the financial incentive in waste management along with user-based fees may be far superior to minimum requirements.[24]

HIGH-PROFILE FAILURES AND LESSONS LEARNED

A. Italy: Campania Waste Management Crisis

The Campania region in Italy was hit by a crisis in waste management, mainly marked by illegal dumping, health hazards, and failure in the collection of wastes at the beginning of the 2000s. It exposed the disastrous outcome of such ineffective waste management policies and corruption without adequate government oversight. In this respect, it has lessons to be learned in having effective governance and clear waste management practice.[25]

B. The Failure of Plastic Recycling in China

The decision to close its ports in 2018 to incoming imported foreign plastic shocked the whole international recycling business in China. China has already presented an effective scenario where heavy dependency on the recycling business conducted internationally will require many countries to move towards constructing autonomous recycling systems independent of plastics imports into those places.

CASE LAWS ON PLASTIC WASTE IN INDIA

India has implemented a series of legislative measures to manage plastic waste management. These regulations have been the subject of various legal challenges and interpretations in Indian courts.

R.M. Dhariwal 100% EOU vs. Union of India & Ors (2016)

In this case, the petitioner challenged some provisions of the Plastic Waste (Management and Handling) Rules, 2011, specifically Rules 5(d) and 5(g), which dealt with the prohibition on the use of plastic in packaging. The petitioner sought a mandamus to allow their products to be exported in plastic packaging by averring them to be favored by exemptions under Rule 2. The Supreme Court reviewed whether the said rules apply to export activities.

A. Mahendran vs. M. Dwarakanath (2021)

The case was regarding the implementation of the Plastic Waste (Management and Handling) Rules, 2011. The petitioner claimed that the respondent had contravened sub-rule 5 by employing banned polythene/plastic bags. The Madras High Court discussed the roles of individuals and commercial entities in the 2011 Rules and insisted on the need for strict compliance with the rules to prevent environmental damage.

Karuna Society for Animals & Nature & Ors vs. Union of India (2014)

This public interest litigation was on the ill effects of plastic waste on animals and the environment. The petitioners prayed to the Supreme Court to issue directives to the authorities to enforce effective plastic waste management practices, such as a ban on plastic bags and enhancing waste segregation and disposal systems. The Court accepted the environmental damage caused by plastic waste and emphasized the requirement of complete regulatory mechanisms.

Tamil Nadu and Puducherry Paper Cup Manufacturers Association v. State of Tamil Nadu (2023)

The petitioners impugned the state's blanket ban on certain plastic products, alleging disproportionate impact on their businesses. Here, the Supreme Court analyzed Rule 6 of the Plastic Waste Management Rules, 2016, assigning the burden of establishing the mechanism of collection to municipal bodies. It made a crucial observation that, on the one hand, ecological imperatives deserve primacy; yet, the regulatory steps should not forget the economic virtues.

These cases depict the very active role of the judiciary in reading and enforcing plastic waste management regulations within the country. Courts here believe that business, as usual, should be protected along with the environment; hence, it takes care to abide by the formulated rules.

CONCLUSION AND SUGGESTION

Management of plastic waste happens to be a very complex and multifaceted challenge that is associated with serious environmental, economic, and social implications. This article discusses the Indian plastic waste landscape in terms of the government role, international best practices and case studies. It has also delved into the economic opportunities and social impacts of plastic waste management while offering policy recommendations to chart a more sustainable course.

Indian plastic waste is fast emerging as one of the main menaces that, just like most countries of the world, face towards environment and health risks along with affecting people's lifestyles as a whole. Fast increasing the proliferation of single-use plastics combined with inefficient infrastructural framework has heightened this challenge. Thus, there is a desperate call for a high and multi-level response by the government of India.

To win the battle over plastic waste in India, there will be an essential multi-pronged attack. This multi-pronged attack must start with the government's policy-making and enforcement role. Present rules and regulations include the Plastic Waste Management Rules, 2016, and ban on single-use plastic. But, at the same time, sometimes weak enforcement and lack of alternatives weaken these regulations. Hence, an integrated approach by strengthening the role of the government will significantly improve the management of plastic waste.Another such emerging policy alternative includes the Extension of Producer Responsibility (EPR). Although EPR obliges producers to handle plastic waste, its implementation does not occur uniformly. The government must strengthen EPR compliance through the availability of digital tracking systems, tough penalties against non-compliance, and incentives for responsible practices. Furthermore, facilitating integrated relationships between enterprise, recycler, and informal waste workers might expedite the emergence of an effective circular economy.Another key area where the government can intervene is in investment research and development on biodegradable and recyclable alternatives. Eco-friendly packaging may be subsidized while innovation in material science is promoted, and proper standards for biodegradable plastics are set so that the nation can transition rapidly to sustainable alternatives. Public awareness and behavioral change can go a long way. There should be nationwide campaigns, education programs, and incentives for household segregation of waste. It can induce grassroots participation. Government support to waste pickers by integrating them with formal systems for waste management with proper wage and working conditions also is a step.

Equally important is infrastructure development. Waste collection, recycling facilities, and decentralized plastic processing units can be improved in this regard. By implementing the holistic approach on EPR that includes strengthening towards sustainable alternatives and spreading awareness together with infrastructure, the Indian government would take India to a much more effective and sustainable plastic waste management system.

* Ph.D. Scholar, School of Law, Bennett University, Greater Noida.

** Assistant Professor, School of Law, Bennett University, Greater Noida.

[1] Rakesh Kumar et al, ‘Impacts of Plastic Pollution on Ecosystem Services, Sustainable Development Goals, and Need to Focus on Circular Economy and Policy Interventions’ (2021) 13.

[2] Plastics in the Environment (Research Gate) https://www.researchgate.net/publication/335338250_Plastics_in_the_Environment accessed 10 November 2024.

[3] Government of India, ‘Government Notifies the Plastic Waste Management Amendment Rules, 2021 Prohibiting Identified Single Use Plastic Items by 2022’ (Press Information Bureau, 12 August 2021) https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1745433 accessed 11 November 2024.

[4] Hossain R, et al., Plastic Waste Management in India: Challenges, Opportunities, and Roadmap for Circular Economy (2022) 14.

[5] Md Golam Kibria et al, ‘Plastic Waste: Challenges and Opportunities to Mitigate Pollution and Effective Management’ (2023) 17 International Journal of Environmental Research 1-37.

[6]Rashmi Srivastav, ‘India’s Plastic Waste Situation Wasn’t Created Today’, Down To Earth, https://www.downtoearth.org.in/blog/waste/india-s-plastic-waste-situation-wasn-t-created-today-67061 accessed 3 February 2025.

 [7] ‘Public and Environmental Health Effects of Plastic Wastes Disposal: A Review’ (ClinMed Journals)

https://clinmedjournals.org/articles/ijtra/international-journal-of-toxicology-and-risk-assessment-ijtra-5-021.php?jid=ijtra accessed 2 February 2025.

[8] Ibid.

[9] Central Pollution Control Board, 'Rules' https://cpcb.nic.in/rules-4/ accessed 6 November 2024.

[10] Towards A Circular Plastics Economy: India’s Actions To #Beatplasticpollution (Teri) https://www.teriin.org/article/towards-circular-plastics-economy-indias-actions-beatplasticpollution accessed 6 November 2024.

[11] ‘Government policies combating plastic pollution, Current Opinion in Toxicology 28:87–96.

[12] Rama Mohana R Turaga et al, 'E-Waste Management in India: Issues and Strategies' (2019) 44 Vikalpa: The Journal for Decision Makers 127.

[13] Shelby Browning et al., Addressing the Challenges Associated with Plastic Waste Disposal and Management in Developing Countries (2021) 32.

[14] A Guide to EPR Compliance in India (Recykal)

https://recykal.com/blog/a-guide-to-epr-compliance-in-india/ accessed 8 December 2024.

[15] Rumana Hossain et al, Plastic Waste Management in India: Challenges, Opportunities and Roadmap for Circular Economy (Report No 14, 2022).

[16] Janvier Hakuzimana, ‘Longdom Publishing SL’ (n.d.) 9 Journal of Pollution Effects & Control 1–12

[17] 'The German recycling system: THE WORLD’S BEST RECYCLING COUNTRY', Tomorrow, https://tomorrow.city/a/german-recycling-system accessed 6 November 2024.

[18] Jefferson Hopewell et al, 'Plastics recycling: challenges and opportunities' (2009) 364 Philosophical Transactions of the Royal Society B: Biological Sciences 2115–26.

[19] 'TURNING WASTE TO ENERGY: SWEDEN’S RECYCLING REVOLUTION', Blue Ocean Strategy https://www.blueoceanstrategy.com/blog/turning-waste-energy-sweden-recycling-revolution/ accessed 10 December 2024.

[20] FabiulaDanielli Bastos de Sousa, 'Consumer Awareness of Plastic: An Overview of Different Research Areas' (2023) Circular Economy and Sustainability 1–25.

[21] European Commission, 'Press Corner' (European Commission, 5 January 2018) https://europa.eu/rapid/press-release_IP-18-5_en.htm accessed 6 November 2023.

[22] CSIS, 'The Basel Convention: From Hazardous Waste to Plastic Pollution' https://www.csis.org/analysis/basel-convention-hazardous-waste-plastic-pollution (accessed 10 December 2024).

[23] State Planning Board, ‘Economic Review 2017’ (Thiruvananthapuram, Kerala, India 2017) https://spb.kerala.gov.in/economic-review/ER2017/web_e/ch71.php?id=7&ch=71 accessed 6 November 2024

[24] Hsing-Wei Chen and Ming-Chang Lee, 'Economic Incentives and Residential Waste Management in Taiwan: An Empirical Investigation' (2006) Springer Nature. https://www.researchgate.net/publication/5146959_Economic_Incentives_and_Residential_Waste_Management_in_Taiwan_An_Empirical_Investigation accessed 6 November 2024.

[25] Taylor, 'Sorting through the Trash: The Waste Management Crisis in Southern Italy' (2010) https://www.researchgate.net/publication/238397441_Sorting_through_the_Trash_The_Waste_Management_Crisis_in_Southern_Italy accessed 3 February 2025.