Confiscate Kerala vehicles dumping medical waste in Tamil Nadu: Madurai Bench of Madras HC

Madras High Court orders confiscation of vehicles used for illegal dumping of medical waste to deter offenders.

Taking a serious view of medical waste from other States, particularly Kerala, being dumped in Tamil Nadu, the Madurai Bench of the Madras High Court on Monday (February 3, 2025) observed that officials should confiscate vehicles used for the offence to instil fear in the offenders.

Justice B. Pugalendhi impleaded the Tamil Nadu Chief Secretary; Secretaries to Home, Prohibition and Excise Department; Municipal Administration and Water Supply Department; Environment, Climate Change and Forests Department; Rural Development and Panchayat Raj Department; Chairperson of Tamil Nadu Pollution Control Board; and the Director-General of Police of Tamil Nadu.

The court directed the respondents to issue necessary circulars, orders or memorandums to the officers ensuring that the object of Tamil Nadu Urban Local Bodies Act and Rules were implemented stricto sensu, by confiscating vehicles used in the commission of the offence. Launching of prosecution alone would not suffice, the court observed.

The court noted biomedical waste mismanagement was not just an environmental issue. It was a serious threat to human survival. Bio-medical waste must be properly managed and disposed of to protect the environment as well as the general public, who were at the risk of exposure to such waste.

Considering the health hazard posed by the improper management of bio-medical waste, the Bio-Medical Waste Management Rules had been introduced with an objective to segregate, transport, treat and dispose of waste correctly so as to protect the environment and to stop spreading of diseases due to improper management of bio-medical wastes, like dumping it in the open place etc., the court observed.

The Rules prescribed a detailed procedure for disposal and management of bio-medical waste. It prohibited transportation of bio-medical waste beyond 75 km from the Hospital. In fact, untreated bio-medical waste shall not be kept stored beyond 48 hours. While so, transporting the same illegally has to be viewed very seriously, the court observed.

Though the Rule was very much in vogue, there was frequent transportation of medical waste into Tamil Nadu from neighbouring States, particularly Kerala. Though repeated orders were passed by courts, the mismanagement of medical and bio-medical waste and the menace of illegal transportation and dumping of such waste was been curtailed, the court observed and took note of the fact that the National Green Tribunal, Southern Zone, Chennai, had taken suo motu cognisance of the issue and passed directions.