J.UMARANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present writ petition has been filed as a Public Interest Litigation for a Writ of Mandamus, directing the respondents herein to take appropriate steps towards effective implementation of Bio-Medical Waste Management Rules, 1998 and as amended in GSR 343(E) dated 28.03.2016, issued by Union of India, represented by its secretary, Ministry of Environment, Forest & Climate Change, New Delhi/third respondent herein, including issuance of licence to any person or the concerned authorizing to treat the category, bio-medical Waste viz., soiled linen, beddings and items contaminated with blood or body fluid.

(2.) Petitioner is a doctor and has put in 32 years of practice in the field of Medicine. She has worked as a Professor in Madras Medical College and Kilpauk Medical College, Chennai and holder of a Post Graduate Degree in Micro-Biology. The petitioner states that, Union of India has framed rules with respect to treatment of Bio-Medical Waste, wherein, each and every occupier is mandated to maintain the standards as mentioned therein, in treating Bio-Medical Waste. Tamil Nadu Pollution Control Board, Guindy, Chennai/second respondent herein, being the prescribed statutory authority, has not issued license to any one or any concerned to treat Bio- Medical Waste and the State of Tamil Nadu, represented by its Secretary, Health & Family Welfare Department, Chennai/first respondent herein, being the Chairman of the Advisory Committee is bound to see whether the rules are implemented. Since there is no authorised person to handle Bio- Medical waste in the State of Tamil Nadu, the same are not treated, as per the provisions of Bio-Medical Waste Rules. According to the petitioner, impact of the same is posing a serious threat to the environment as well as health hazardous to the public. There is no separate provision made in any hospital for collection of Bio-Medical Waste. In most of the hospitals, the infectious wastes are not transported as per the provisions.

(3.) According to the petitioner, in view of the undisputed fact that the second respondent, Tamil Nadu Pollution Control Board, Chennai, has not issued any licence to any hospital or any individual to treat Bio-Medical Waste, it is obvious that Bio-Medical Waste are treated against the provisions, causing serious threat to the environment and health of the public at large. In view of non-usage of authorised persons, who have licence to treat soiled linens, there is so much of health hazards. Unauthorised washing of these linens/clothes is exposed to danger, as washing is done in public water bodies and that the water gets contaminated with the untreated Bio-Medical Waste. The water so contaminated can very well categorised as chemical liquid waste and all these contamination stand in contravention of the Water Act, but also invites health hazards to humans.