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Informist, Tuesday, Apr. 22, 2025

 

NEW DELHI – The Delhi High Court on Tuesday issued a notice to the Centre on petitions by LG Electronics India Ltd. and Samsung India Electronics Pvt. Ltd. against the electronic waste management rules which increased payouts to electronic-waste recyclers. The high court will hear the case next on May 16, along with similar pending cases.

 

The petitioners have challenged rules 15(9) and 15(10) of the EWaste Management Rules, 2022, which were amended in 2024. These rules establish a mechanism for producers to fulfil their extended producer responsibility obligations through the purchase and sale of certificates, with the Central Pollution Control Board ensuring that the value of these certificates reflects the environmental impact of e-waste management. The petitioners have also challenged some clauses of the Plastic Waste Management Rules, 2016, Battery Waste Management Rules, 2022, and the Environmental Compensation Guidelines.

 

The new rules mandate a minimum payment of INR 22 per kilogram to recycle consumer electronics. The petitioners have said that this will roughly triple their costs and benefit recyclers at their expense, as the new prices were 5-15 times the price currently paid by them.

 

According to the petition, the government, through amendments, introduced a floor price and a ceiling price for the exchange of extended producer responsibility certificates and erroneously linked the exchange price of these certificates to the environmental compensation to be levied only in the event of a default by a producer. The rules "fail to take into consideration that merely by fleecing companies and taxing them in the name of the 'polluter pays principle', the (government) objectives sought to be achieved cannot be achieved," the petitioners said.

 

These rules and guidelines were in violation of articles 14 and 19 of the Constitution of India, the petitioners said. The rules were manifestly arbitrary, irrational, and unreasonable and tainted by excessive delegation, they added.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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