MEMBERS' REFERENCE SERVICE

LARRDIS
LOK SABHA SECRETARIAT, NEW DELHI

REFERENCE NOTE
No.27/RN/Ref./JULY/2017
1
For the use of Members of Parliament NOT FOR PUBLICATION

ELECTRONIC WASTE IN INDIA

Prepared by Smt. Rachna Sharma, Additional Director (23034591) and Shri Pradeep Kumar, R.A.
of Lok Sabha Secretariat under the supervision of Shri Atul Kaushik, Additional Secretary,
Smt. Kalpana Sharma, Joint Secretary and Smt. Anita Khanna, Director.

The Reference Note is for personal use of the Members in the discharge of their Parliamentary duties, and is
not for publication. This Service is not to be quoted as the source of information as it is based on the
sources indicated at the end/in the text.
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ELECTRONIC WASTE IN INDIA

Introduction

Electronic waste (e-waste) is creating a global crisis due to the problem of

environmental degradation. The major concern of e-waste management is recycling
of e-waste in non-formal units by unscientific, unhealthy and non-environmental
friendly methods. Like other parts of the world, India is also facing serious challenge
due to growing generation of e-waste; lack of environmental awareness among the
public, consumers, producers and the social and economic aspects associated with it;
effective role of policy makers and legislators to address these challenges.

What is e-waste?
E-waste is end of life electronic and electrical gadgets. In simpler words,
they are the broken, surplus or obsolete gadgets run by electricity. It includes
discarded equipments like computers, printers, phones, TVs, fridges, toaster,
electronic toys, etc. Some of the major sources of e-waste are:

 IT and Telecom Equipment

 Large Household Appliances
 Small Household Appliances
 Consumer and Lighting Equipment
 Electrical and Electronic Tools
 Toys, Leisure and Sports Equipment
 Medical Devices
 Monitoring and Control Instruments

E-waste in India
Economic growth, rise in per capita income, and technological innovations
coupled with high obsolescence rate of electronic and electrical equipment are
leading to an increase in the rate of generation of e-waste. As per the United Nations
University report, “The Global E-Waste Monitor 2014”, 17 lakh tonnes of e-waste
generation was reported in India in 2014. The report notes that the per capita
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generation of e-waste in 2014 in India was 1.3 kg/inhabitant1, which was much less
than that in the USA (22.1 kg), Japan (17.3 kg), China (4.4 kg) and many other
countries.
India is going through a rapid phase of development and economic
transformation. Information Technology has given India formidable brand equity in
the global market. Electronics industry in India, however, depends heavily on
imports of electronic goods to meet its domestic demand. In order to absorb this
growth, the country would generate enormous electronic waste.

Management of e-waste in India

More than 95% of the e-waste generated in India is handled by the informal
recyclers of e-waste thereby posing a serious threat to the environment and health
risks to the workers on account of absence of any kind of professional skills and
technology for safe handling of e-waste. The total capacity of
178 dismantling/recycling units located in 14 States is 4,41,085 metric tonnes per
annum. State-wise details of installed recycling/dismantling facilities operating in the
country is given in Annexure.

There are 10 States that contribute to 70 per cent of the total e-waste generated
in the country, while 65 cities generate more than 60 percent of the total e-waste in
India2. Among the 10 largest e-waste generating States, Maharashtra ranks first
followed by Tamil Nadu, Andhra Pradesh, Uttar Pradesh, West Bengal, Delhi,
Karnataka, Gujarat, Madhya Pradesh and Punjab. Among the top ten cities
generating e-waste, Mumbai ranks first followed by Delhi, Bengaluru, Chennai,
Kolkata, Ahmedabad, Hyderabad, Pune, Surat and Nagpur.
1
While the estimated quantity of e-waste generated is about 1.70 million tonnes per annum (TPA),
the quantity of E-Waste that is recycled is about 4.63 lakh TPA.
2
Though no comprehensive inventorization of e-waste generation in the country has been done,
five states - Jammu & Kashmir, Himachal Pradesh, Goa, Madhya Pradesh and Punjab have
completed e-waste inventory.
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The main sources of e-waste in India are the government, public and private
(industrial) sectors, which account for almost 70% of total e-waste generation. An
Indian Market Research Bureau (IMRB) survey of “e-waste generation at source” in
2009 found that out of the total e-waste volume in India, televisions and desktops
including servers comprised 68% and 27% respectively. Imports and mobile phones
comprised of 2% and 1% respectively.
The Ministry of Environment, Forests and Climate Change is the nodal agency
for policy, planning, promoting and coordinating the environmental programmes and
is involved in enacting laws, guidelines referring to e-waste. The Ministry of
Electronics and IT is involved in developing technology to recycle e-waste in an
environment friendly manner.
Impact of e-waste
Toxic constituents such as Lead, Mercury, Cadmium, Hexavalent Chromium,
Polybrominated biphenyls and Polybrominated diphenyl ethers are used in the
manufacturing of electronic devices. Disposal of e-waste from such electronic
devices, without processing it in an environmentally sound manner, may affect the
human health and environment including soil and ground water. E-waste generated
due to smart phones, tablets and e-readers is known to contain various heavy metals
like Arsenic, Lead, Copper, Chromium etc., which can pose health hazards.
Commonly observed effects of such heavy metals on human health can predispose
various diseases of the skin, nervous system, kidney and respiratory system.

Legislative/Regulatory Framework to deal with e-waste

 Factories Act 1948 (amended till present): Several contaminants arising out
from manufacturing or recycling of electronic components are listed in this
Act.

 Environmental Protection Rules 1986 (amended till present): There is no

direct standard, which can address pollutants from an electronics
manufacturing or recycling industries. However certain Pollution Control
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Board (PCB) units fall in electroplating category and are therefore required to
be abide by the effluent disposal norms as given in schedule 1 of this rules.

 Hazardous Waste (Management and Handling) Rules 1989 (Amended in

2003):Schedule 2 of this act can be applied for the disposal of e-waste;
Schedule 3 entry at SI. No. A1180: Regulated waste electrical and electronic
assemblies (For EXIM i.e. Export Import); and Schedule 3 entry at SI. No.
B1110: Electrical and electronic assemblies not valid for direct re-use but for
recycling (For EXIM)

 E-waste (Management and Handling) Rule 2011: These rules apply to every
producer, consumers or bulk consumers involved in the manufacture, sale, and
purchase and processing of electrical and electronic equipment or component
as specified in the schedule. The producer will be responsible for entire life
cycle of e-waste. The principle adopted in this rule is based on “Extended
Producer Responsibility”. Extended Producer Responsibility can be
considered as strategy to control and manage e-waste. The above rule is not
clear with respect to liability of informal/un-organized sector people. The rule
has also not restricted import and export of e-waste.

 Hazardous Waste (Management, Handling and Trans-boundary Movement)

Rules 2008 (Amended in 2016): Part-A of Schedule III (Basal No. 1180)
consists of list of e-waste applicable for import with prior informed consent.
Part B of schedule III (Basal No. 1110) deals with list of e-waste applicable for
import and export not requiring prior informed consent.

E-Waste (Management) Rules 2016

Taking cognizance of the unsatisfactory compliance of various
provisions of e-waste Rules, 2011, specially the implementation of provision
on Extended Producer Responsibility (EPR) by producers, setting up of
collection centres and the capacity of recyclers, it was decided by the Ministry
of Environment, Forests and Climate Change to amend the rules to address the
issue of poor compliance of the Rules.
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Accordingly, the draft E-Waste (Management) Rules 2015 were notified

and have come into force w.e.f. 16 October 2016. The salient provisions of
these Rules include the following:

 The definition of Stakeholders to be covered under the rules is being expanded

to manufacturer, dealer, refurbisher, e-retailer and Producer Responsibility
Organization (PRO) and e-waste exchange to address leakage of e-waste to
informal sector at any stage of the chain;

 Applicability of the Rules is now being extended to components, consumables

and spare parts of Electrical and Electronic Equipment (EEE) which makes the
product operational;

 Bulk Consumer is being redefined in terms of turnover and the number of

employees and they need to file annual returns now;

 The target-based approach with the introduction of more flexibility for

implementation of Extended Producer Responsibly (EPR) and phase-wise
target has also been fixed for ease of Producers and compliance of the EPR ;

 Option has been given for setting up of PRO, e-waste exchange, e-retailer,
Deposit Refund, as additional channel for implementation of EPR by
Producers to ensure efficient channelization of e-waste;

 Authorization not required for Collection Centres which shall now be

Producers responsibility with collection mechanism approach:

 EPR Authorization for Producers is being CPCB's responsibility to ensure pan

India implementation;

 Simplification in registration/ authorization for dismantling and recycling

through one system i.e. Authorization instead of both registration and
authorisation;

 Mandatory obligation is being introduced for dismantlers to supply non

e-waste components to relevant registered recyclers of the product;

 Provision on Reduction of Hazardous Substances (RoHS) and related

Schedule II has been revised in line with existing EU regulatory framework
which forms the basis of the provision;
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 In case the product does not comply with the RoHS provision, provision has
been introduced to withdraw or recall the product from market and take
corrective measures to bring the product into compliance;

 The role of the State Governments have been also introduced in the Rules in
order to ensure safety, health and skill development of the workers involved in
the dismantling and recycling operations including earmarking or allocation of
e-waste dismantling/recycling by the respective departments or government
agency;

 Liability for damages caused to the environment or third party due to improper
management of e-waste including provision for levying financial penalty for
violation of provisions of the Rules has also been introduced;

 Urban Local Bodies (Municipal Committee/Council/Corporation) have been

assigned the duty to collect and channelize the orphan products to authorized
dismantler or recycler;

 Provision to file an appeal in case aggrieved by an order of suspension or

cancellation or refusal of authorisation or its renewal passed by the Central
Pollution Control Board or State Pollution Control Board.

Parliamentary Committee Report on "Rules on E-waste Management"

The Committee on Subordinate Legislation presented a report on "Rules on E-
waste Management" to the Lok Sabha on 10 August 2016. The Committee were of
the considered view that '...merely notifying the Rules is not enough until and unless
there is strong and effective implementation and monitoring mechanism couples with
the availability of the necessary infrastructural facilities for ensuring compliance of
the Rules.' The Committee recommended that '...the Government must evolve a
robust mechanism and creation of adequate infrastructural facilities in the country so
that the Rules could be implemented in an effective, efficient manner and within the
given time line.' The Committee in its recommendations suggested following
Measures to tackle the menace of e-waste in the country :
 Strict implementation of rules governing e-waste

 Need for Prevention of illegal trade in Electrical and Electronic Equipment

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 Need for fiscal incentives to the e-waste processing industry

 Need for e-waste collection in organized manner

 Need for implementation of penal provision

 Funds for training and capacity building programme

 Awareness programme

 Research and Development

 Need for effective role of central pollution control board and state pollution
control board

 Need for a separate legislation

SOURCES CONSULTED:

1. Lok Sabha, Committee on Subordinate Legislation, 15th Report on "Rules on

E-waste Management", August 2016
2. “E-Waste Management Rules 2016”, Ministry of Environment, Forests and
Climate change, March 2016
3. Rajya Sabha, DRSC on Science & Technology, Environment and Forests,
266th Report on "E-waste and E-radiation", July 2015
4. Rajya Sabha Unstarred Question No. 2761, dated 27.03.2017.
5. Lok Sabha Starred Question No.77, dated 07.02.2017.
6. Electronic Waste Management In India: Issues And Concerns
by Dr. T.K.Bandyopadhyay, Gargi Rajvanshi, Ishan Kanungo, International
Journal of Law and Legal Jurisprudence studies, 2012
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Annexure

Sl. No. State Number of Registered Capacity in

Registered Dismantler tonne per Annum
and Recycler
1. Chhattisgarh 2 1650
2. Gujarat 12 37262
3. Haryana 16 49981
4. Karnataka 57 44620
5. Madhya Pradesh 3 8985
6. Maharashtra 32 47810
7. Odisha 1 3000
8. Punjab 1 150
9. Rajasthan 10 68670
10. Tamil Nadu 14 52427
11. Telangana 4 11800
12. Uttar Pradesh 22 86130
13. Uttarakhand 3 28000
14. West Bengal 1 600
Total 178 441085