RESEARCH FOUNDATION FOR SCIENCE, TECHNOLOGY AND NATURAL RESOURCE POLICY versus UNION OF INDIA & ORS.

Citation: [2012] 6 S.C.R. 489 · Decided: 06-07-2012 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Disposed off
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Judgment (excerpt)

[2012] 6 S.C.R. 489 
RESEARCH FOUNDATION FOR SCIENCE, 
TECHNOLOGY AND NATURAL RESOURCE POLICY 
v. 
UNION OF IN.DIA & ORS. 
(Writ Petition (C} No. 657 of 1995) 
6 JULY, 2012 
[ALTAMAS KABIR AND J. CHELAMESWAR, JJ.] 
A 
B 
Environmental law: Hazardous waste - Import of toxic 
waste - Ban on such imports - Writ petition challenging the 
C 
decision of the Ministry of Environment and Forests permitting 
import of toxic wastes in India under the cover of recycling; 
seeking direction to the Union of India to ban all imports of 
all hazardous/toxic wastes; seeking amendment of the 
Hazardous Wastes (Management & Handling) Rules, 1989 
D 
(H. WM.H. Rules) in conformity with the BASEL Convention 
and Articles 21, 47 and 48A of the Constitution; and for 
declaration that without adequate protection to the workers and 
public and without any provision of sound environment 
management of disposal of hazardous/toxic wastes, H. WM.H. 
E 
Rules are violative of Fundamental Rights and, therefore, 
unconstitutional - Writ petition disposed of by reasserting the 
interim directions given with regard to the handling of 
hazardous wastes and ship breaking in the various orders 
passed in the writ petition from time to time and, in particular, 
F 
the orders dated 13th October, 1997 and 14th October, 2003 
- Central Government also directed to ban import of ali 
hazardous/toxic wastes identified and declared to be so under 
the BASEL Convention and its different protocols - Central 
Government also directed to bring the H. WM. H. Rules, in line 
G 
with the BASEL Convention and Articles 21, 47 and 48A of 
the Constitution - Prayer for declaration that without adequate 
protection to the workers and public, the said Rules are 
violative of the Fundamental Rights of the citizens, however, 
489 
H 
490 
SUPREME COURT REPORTS 
[2012] 6 S.C.R. 
A rejected - Hazardous Wastes (Management & Handling) 
Rules, 1989 - Constitution of India, 1950 - Articles 21, 47 and 
4BA - BASEL Convention. 
International treaties: BASEL Convention and MARPOL 
8 
convention - Objectives of - Discussed. 
In the instant writ petition, the basic grievance of the 
writ petitioner was with regard to the import of toxic 
wastes from industrialized countries to India, despite 
such wastes being hazardous to the environment and life 
C of the people of this country. The writ petitioner sought 
to challenge the decision of the Ministry of Environment 
and Forests permitting import of toxic wastes in India 
under the cover of recycling, which, according to the 
petitioner, made India a dumping ground for toxic wastes. 
D In the writ petition, the petitioner was seeking direction 
to the Union of India to ban all imports of hazardous/toxic 
wastes; amendment of Hazardous Wastes (Management 
& Handling) Rules, 1989 (H.W.M.H. Rules) in conformity 
with the BASEL Convention and Article 21, 47 and 48A 
E of the Constitution; and declaration that without 
adequate protection to the workers and public and 
without any provision of sound environment 
management of disposal of hazardous/toxic wastes, the 
H.W.M.H. Rules are violative of Fundamental Rights and, 
F therefore, unconstitutional. It was the grievance of the 
writ petitioner that since India became a signatory to the 
BASEL Convention on 22nd September, 1992, it should 
have amended the definition of "hazardous wastes", as 
provided in Article 3 read with Articles 4.1 and 13 of the 
said Convention. 
G 
The Supreme Court by its interim order dated 13th 
October, 1997, appointed a High-Powered Committee 
comprising of experts from different fields. The said 
Committee submitted its report after making a thorough 
H examination of all matters relating to hazardous wastes. 
' 
RESEARCH FOUNDATION FOR SCIENCE, TECH.AND NATURAL 491 
RES. POLICY v. UNION OF INDIA 
On 14th October, 2003, the writ petition was taken up 
A 
to consider the report of the High Powered Committee on 
the Terms of Reference which had been made to it. 
Although, initially, the deliberations with regard to the 
contents of the writ petition were confined to different 
toxic materials imported into India, at different stages of B 
the proceedings, a good deal of emphasis was laid on the 
issue relating to imported waste oil lying in the ports and 
docks, as well as on ship breaking. The Supreme Court 
observed that the ship breaking operations could not be 
allowed to continue, without strictly adhering to all c 
precautionary principles, CPCB guidelines
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