Delhi
High Court bench of Chief Justice and Justice V K Jain came to the
rescue of residents of Okhla’s Sukhdev Vihar who made representations
against operation of the biomedical waste incinerator due to adverse
effect on their health. The judgment was pronounced on 15.01.2013.
The
Court held that “We, therefore, direct respondent No. 2 Government of
NCT of Delhi and respondent No. 7 M/s. Synergy Waste Management Pvt.
Ltd. to shift the bio-medical waste disposal facility, being operated
near Sukhdev Vihar, to a suitable site. The site suitable for
shifting of the said facility in terms of this order would be identified
by the Chief Secretary, Government of NCT of Delhi, within three months
from today in consultation with DDA and DPCC and the facility in
question would be shifted within three months thereafter, i.e., within
06 months from today. M/s Synergy is permitted to continue to
operate the facility at the present site till it is shifted to a new
site in terms of this order, or 06 months from today, whichever is
earlier. If necessary, any further direction with respect to the
shifting of the said facility, in terms of this order, will be sought
from this Court. Both the petitions stand disposed of in terms of this
order.”
The
Court has ordered shifting of the biomedical waste incinerator which
located in the vicinity of the residential colonies and the
controversial municipal waste incinerator to an alternative site.
The
writ petition filed by the residents of Sukhdev Vihar and adjoining
area had sought closure of the biomedical waste incinerator facility
primarily on the ground that being very close to densely populated
residential colonies, it was creating poisonous and hazardous
environment for the residents of those colonies, thereby adversely
affecting their health and degrading environment for all times to come.
The
judgment records, “As per the guidelines of Central Pollution Control
Board (CPCB), the Common Bio-Medical Waste Treatment Facility (CBWTF)
should be located at a place reasonably far away from residential and
sensitive areas so that it has minimal impact on these areas. It was
noted in the guidelines that such a facility will require minimum of one
acre area and, therefore, preferably should be set up on a plot size of
not less than one acre.”
The
order observes, “10. In Master Plan for Delhi, 2021, notified on
07.02.2007, hazardous waste processing viz. hospital/medical/industrial
waste is amongst the industries, manufacturing of which shall be
prohibited within National Capital Territory of Delhi.”
It
further holds that “It is not in dispute that bio-medical waste is a
hazardous waste which can be highly injurious to human life. That
precisely appears to be the reason for its being included in the list of
prohibited/negative list of industries. Admittedly, incinerators are
used in the facility meant for disposal bio-medical waste. This has also
been noted in the guidelines issued by Central Pollution Control Board
(CPCB) on treatment of common bio-medical waste and installation of
incinerator is a mandatory requirement for such plants. Incineration is a
controlled combustion from where waste is completely oxidized and
harmful microorganisms present in it are destroyed/denatured under high
temperature.”
The
judgment refers to ‘The summary of “Epidemiological Studies on Adverse
Health Effects Associated with Incineration” would show that medical
waste incinerators are a leading source of dioxins and mercury in the
environment and there is link between incinerator emissions and adverse
health impacts on incinerator workers and residents living around the
incinerators.’
The
observations made in the judgment will have far reaching implications.
It reads: “Both older and more modern incinerators can contribute to the
contamination of local soil and vegetation with dioxins and heavy
metals. In several European countries, cow‟s milk from farms located in
the vicinity of incinerators has been found to contain elevated levels
of dioxin, in some cases above regulatory limits. Increased levels of
dioxins have been found in the tissues of residents near to incinerators
in the UK, Spain and Japan. At an incinerator in Finland, mercury was
increased in hair of residents living in the vicinity. Children living
near a modern incinerator in Spain were found to have elevated levels of
urinary thioethers, a biomarker of toxic exposure. “ It notes that
“After 2 years of operation of incinerator, dioxins levels were found
increased by about 25% in both groups living between 0.5 to 1.5 and 3.5
to 4.0 km away (201 people) of people. In the repeat analysis, the
increase was in the range of 10-15%”.
It
records that “Mothers living close to incinerators and crematoria from
1956 to 1993” showed “ncreased risk of lethal congenital abnormalities,
in particular, spinal bifida and heart defects, near incinerators:
increased risk of stillbirths and anacephalus near crematoria”.
With
regard to “Residents from 7 to 64 years old living within 5 km of an
incinerator and the incinerator workers” the judgment observes, “Levels
of mercury in hair increased with closer proximity to the incinerator
during a 10 year period”.
The
judgment found that “Residents living within 10 km of an incinerator,
refinery, and waste disposal site” showed “Significant increase in
laryngeal cancer in men living with closer proximity to the incinerator
and other pollution sources”. The “Residents living around an
incinerator and other pollution sources” showed “Significant increase in
lung cancer related specifically to the incinerator”. The “People
living within 7.5 km of 72 incinerators” displayed “Risks of all cancers
and specifically of stomach, colorectal, liver and lung cancer
increased with closer proximity to incinerators”.
The
High Court dismissed the contention of M/s Synergy Pvt Ltd is far away
from residential localities such as Sukhdev Vihar. On inquiry it was
found that the distance between the said facility and their colony is
less than 30 metres.
The
bench observed that “This is a mandatory requirement of the guidelines
issued by CPCB, that such facility should be far away from residential
and sensitive areas. This requirement needs to be strictly complied
while identifying a suitable site for shifting the facility of M/s
Synergy.”
The
judgment is quite relevant for the upcoming hearing in the National
Green Tribunal of the case filed by the resident’s welfare association
(RWA) of Sukhdev Vihar, Okhla against the municipal waste incineration
power plant is being operated by Delhi's Timarpur-Okhla Waste Management
Co Pvt Ltd (TOWMCL) of M/s Jindal Urban Infrastructure Limited (JUIL), a
company of M/s Jindal Saw Group Limited.
For Details:
Gopal Krishna, Convener, ToxicsWatch Alliance (TWA), Mb:08002263335,
09818089660, Email: gopalkrishna1715@gmail.com, Web:www.toxicswatch.org
Vimal Monga, former President, Sukhdev Vihar RWA, 9711408421
Asha Arora, Okhla Anti-incinerator Committee - 9810499277
Okhla Anti-incinerator Committee, http://www.facebook.com/home.php#!/ghoslaokhla
+ comments + 2 comments
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Hello,
Nice post. Biomedical waste must be properly managed to protect the general public, specifically healthcare and sanitation workers who are regularly exposed to biomedical waste as an occupational hazard. In hospitals, medical waste, otherwise known as clinical waste from healthcare premises, such as hospitals, clinics. Thanks for sharing it..
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