Cleanliness Drive: Madras HC Issues Guidelines For Biomedical Waste Movement Even After Villagers Restriction

The Madras High Court has issued a set of guidelines regarding the movement of biomedical waste in five districts of Tamil Nadu.

A single bench of Justice GR Swaminathan was hearing a petition filed by Re Sustainability Health Care Solutions Ltd, a company that collected and disposed of bio medical waste in five districts: Madurai, Virudhunagar, Theni, Dindigul, and Ramanathapuram.

The company had moved the court when a group of villagers barred the company’s vehicles from entering after a plastic pocket containing amputated limb had fallen on the road in transit. 

Following that, a peace committee meeting was called, which included revenue and police officials. The company was told to adopt an alternative path, and its licence was to be renewed only after villagers’ opinions were gathered.

The bench, on the other hand, criticised the villagers for restricting the company. The bench stated that the right to conduct business was guaranteed by Article 19(1)(g) of the constitution, and that the mob could not keep someone hostage.

It also stated that the peace committee’s conclusions lacked statutory significance or force and lacked the character of a binding decision.

Whilst the tax officials and police were responsible for preserving peace and order, if the procedure outlined in the CrPC was followed, the same would be binding.

As a result, there was no need for directives forbearing the respondents to carry out the decisions made at the peace meeting because they had no legal force.

About the company’s request for free access via the public road, the court emphasised that a balance had to be struck between the company’s right to operate and the villagers’ right to a clean environment.

The residents had earlier protested that the unit’s operation was endangering their health. Because these risks could not be ignored, the court ruled that the corporation must follow particular guidelines while transporting biomedical waste.

To begin, the bench stated that healthcare facilities must be registered online, and each healthcare facility must be assigned a login id in order to accept online payments. To ensure timely service from the trash management supplier, fee collection must be transparent.

The single bench also requested that the State Pollution Control Board establish a Grievance Cell to guarantee that complaints from the general public are addressed as soon as possible.

It further stated that the polluter pays concept would be applied in this case, and the company would be held accountable if a similar occurrence occurred in the future.