‘Throwing trash on Bharat Mata deshdroh’: Madras High Court slams ‘import’ of waste
The Madras High Court has ordered the re-export of municipal waste which was wrongly imported as paper waste, observing that such dumping from other countries harms the ecosystem and challenges our sovereignty.
If a person throws trash on Bharath Matha, it is a direct challenge to her sovereignty and there
cannot be a more aggravated form of deshdroh, the court said. (AI-generated image) Observing that throwing trash on Bharat Mata is not merely an environmental offence but a direct challenge to India’s sovereignty, the Madras High Court has directed the re-export of a consignment imported as waste paper but found to contain municipal waste.
Justice D Bharatha Chakravarthy observed that any act threatening the right to life, self-esteem of every citizen, living organisms and ecosystems can be considered an act that endangers sovereignty.
“If any person knowingly designs, imports, or aids in importing and throws trash on Bharath Matha, it is not just an offence under the Environment Protection Act, 1985 alone, but it is a direct challenge to her sovereignty. There cannot be a more aggravated form of deshdroh,” the June 19 order said.
The order noted that the dumping of solid municipal waste by developed countries into developing nations, which environmentalists have described as ‘waste colonialism’, “not only violates international treaty obligations but also results in serious environmental degradation”.
The court highlighted that such practices impose unequal environmental burdens on developing countries and undermine the principles underlying international environmental governance.
Justice D Bharatha Chakravarthy pronounced the order in the matter on June 19.
Not just ‘waste paper’
Sripathi Paper and Board Pvt Ltd, manufacturer of paper and paperboard, imports waste paper from other countries as part of its business. In March 2022, it placed an order with a Canadian supplier for importing waste paper.
The consignment, containing 121.970 metric tons of material in five containers, was declared as ‘Waste Paper – News & Pams’. However, the Directorate of Revenue Intelligence (DRI), after examining the containers, found that they contained municipal waste.
The Tamil Nadu Pollution Control Board inspected the consignment and submitted a report confirming that the cargo consisted of municipal solid waste, including used PET bottles, street sweepings, waste food paper, plastic parcels, broken glass bottles, waste plastic, paper containers, and used soft-drink cans. Since the import of municipal solid waste is prohibited under the Customs Act, 1962, read with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, the consignment was detained and later seized.
The customs authority held that the company had failed to exercise due diligence while importing the consignment and directed to resend it to the exporting country at the importer’s cost, and a penalty was imposed.
The company later requested the authorities to waive container detention and storage charges, claiming that delays in the proceedings had increased its financial burden. The firm, however, failed to re-export the consignment within the permitted period, and requested the authorities to permit it to either send the waste to Dubai or dispose it through recycling/incinceration in India.
The company also challenged the customs order and sought directions regarding the payment of container detention charges through petitions before the Madras High Court.
Advocate Hari Radhakrishnan sought permission to re-export the goods to Dubai on the ground that the cost would be substantially lower. He contended that though the authorities had advised re-export, neither did the customs department grant the necessary permission nor did the shipping liner act upon the department’s directions regarding waiver of detention charges.
Court’s directions: Pay Rs 4 crore to shipping line
- The petitioners should take all necessary steps to re-export the goods and ensure that it is done within 60 days from the date of this order, the court directed.
- In the event of failure, from the next day onwards, the petitioners will be liable to pay environmental compensation at the rate of Rs 50,000 each per day, applying the ‘polluter pays’ principle, until the waste is re-exported.
- The said compensation shall be recovered by the Tamil Nadu Pollution Control Board.
- Container freight stations should be entitled to raise invoices and demand detention/demurrage charges from the respective petitioners, and the petitioners remain liable to pay it.
- The petitioners are jointly responsible for paying Rs 4 crore and additional freight charges to the shipping line.
- The court directed each petitioner to pay Rs 10,000 as costs to the customs authority.
‘1.70 lakh tonnes of solid waste generated daily’
The court noted that India generates a substantial amount of solid waste every day, reportedly exceeding 1.70 lakh tonnes. Keeping in mind the nation’s international treaty obligations, instances involving exporters from foreign jurisdictions who repeatedly carry out such practices must also be taken up through appropriate diplomatic channels, it stated.
Holding that citizens have a duty to segregate solid waste, the court pointed out that if proper waste segregation and recycling systems are developed to ensure sufficient waste paper is available for recycling industries, such import could be avoided.
Accordingly, the court ordered the Ministry of Environment, Forest and Climate Change, the Director General of Foreign Trade and the ministry concerned to consider reframing the policy, improve the segregation output of waste paper and prevent its burning, besides increasing its availability for recycling.
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