NEW DELHI: The Supreme Court expressed serious concern over the Solid Waste Management (SWM) Rules across India, flagging ‘uneven’ compliance, and said the present generation cannot afford to wait for further legislative refinement while implementation gaps persist.
“Compliance with SWM/MSW (Municipal Solid Waste) rules meant to govern waste management remains uneven across India. While mandated at source, the segregation at source into wet, dry and hazardous streams is still not fully realised in many urban and rural areas,” said a bench of Justices Pankaj Mithal and S V N Bhatti in its recent order.
Highlighting that the right to a clean and healthy environment is an “inseparable part” of the right to life, the court issued a slew of pan-India directions to ensure that the executive has the requisite mechanism required to enforce the SWM Rules, 2026, which will be effective from April 1.
Delving into the issue of SWM and its proper disposal, the court stated that neglecting MSW will affect health as much as the economy, and India must be fully compliant with the 2026 Rules when the world looks at the country in technology-related activities.
The apex court passed the order after hearing two appeals arising from two separate National Green Tribunal (NGT) orders concerning environmental compliance by the Bhopal Municipal Corporation under the SWM Rules, 2016.
The court questioned that massive dumpsites remain active in metropolitan areas, though bio-remediation efforts have been initiated under the latest mandates.
“It is now or never. Expecting high results without the fundamental spadework of source segregation and infrastructure would be unreasonable. Every stakeholder is duty-bound to ensure the realisation of a waste-free India,” said the apex court and clarified that the surge in such waste is also linked to the country’s evolving economic landscape.
Observing that courts have consistently emphasised the state’s obligation to safeguard the environment and protect citizens’ well-being, the court stated that councillors, mayors, and corporators, along with the officials concerned, have a statutory responsibility to ensure that every resident enrols under the implementation of the 2026 Rules.
The court further pointed out that infrastructure audits relating to solid waste management must be conducted. The bench further ordered that the district collectors be directed and given power to oversee the establishment, execution and handling of municipal solid waste.
Observations & directives
Segregation at source still not fully realised
Right to a clean & healthy environment ‘inseparable part’ of right to life
District collectors to oversee and communicate identified problems
Infra audits relating to SWM must be conducted
Local bodies to establish outer time-limit for 100% compliance with 2026 Rules