Order of the National Green Tribunal regarding enforcement of SWM Rules, 2016 for disposal of sanitary napkins and diapers, 12/03/2021

  • 12/03/2021

Order of the National Green Tribunal in the matter of Purva Pravin Bora & Others Vs MoEFCC & Others dated 12/03/2021.

The matter related to enforcement of Rule 17(3) of the Solid Waste Management (SWM) Rules, 2016, requiring the manufacturers and brand owners of sanitary napkins and diapers to provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

The NGT in its previous order June 18, 2020 took note of the Swachh Bharat Mission Guidelines (SBM-G) and Menstrual Hygiene Management (MHM), giving details of various options in handling the situation for control of pollution.

Stand of the Respondents:

The NGT noted that the MoEF&CC in its affidavit merely referred to the scheme of the SWM Rules, 2016. While the stand of the Pune Municipal Corporation (PMC) was that it was collecting the waste from door-to-door and educating the users  It has given contract for collection of waste. Similar was the stand of the Municipal Corporation of Greater Mumbai (MCGM) and Nagpur Municipal Corporation (NMC).

The stand of the Procter and Gamble India has said that it was complying with Rule 17 (3) of the SWM Rules, 2016 and has taken steps to bring patented technology. It is trying to conduct a pilot run by creating recycling facility in the city of Pune. Further, 95% of the material contained in the sanitary napkins is recyclable.

Final Order:

The NGT said that the matter was governed by  Rule 17 of the SWM Rules, 2016. The court directed the statutory authorities to enforce the compliance of the SWM Rules alongwith the CPCB Guidelines for Management of sanitary waste issued in May 2018.

The NGT order would be subject to further order as may be passed by the Supreme Court in the matter pending before it. A copy of this order should be be forwarded to the MoEF&CC, CPCB, State PCBs/PCCs and the Secretaries, Urban Development and Environment of all the States/UTs, who may forward the order to all the local bodies also, the NGT said in its order of March 12, 2021.