Lack of seriousness despite directions from HC, NGT
Mohinder Verma
JAMMU, Mar 7: Taking serious note of non-compliance to Bio Medical Waste Management Rules despite repeated instructions and reminders, the Jammu and Kashmir State Pollution Control Board is contemplating to launch prosecution against the Principals of Government Medical Colleges of Jammu and Srinagar and both the Directors of Health Services.
Moreover, the Board has conveyed its concern to both the Divisional Commissioners over slackness on the part of the Deputy Commissioners in monitoring the compliance of the provisions of the Bio Medical Waste Management Rules by the health institutions in their respective jurisdiction.
Official sources told EXCELSIOR that in view of directions from the National Green Tribunal (NGT), J&K High Court and Central Pollution Control Board vis-à-vis strict implementation of Bio Medical Waste Management Rules, the State Pollution Control Board vide Letter No. SPCB/LSJ/341/261-62 dated June 12, 2017 had brought to the notice of Commissioner Secretary Health and Medical Education Department the issue of non-adherence to the Rules by the Government run health institutions across the State.
Through this communication it was brought to the notice of Commissioner Secretary Health and Medical Education that individual communications to all the concerned vis-à-vis implementation of Bio Medical Waste Management and Handling Rules could not evoke any satisfactory response.
“During inspections carried out by the Board, most of the health institutions attributed the deficiencies in the bio medical waste handling and treatment to lack of financial support from the Government. The matter has also been taken up with Principals of Government Medical Colleges and Associated Hospitals of the State and Superintendents of other hospitals followed by directions under Section 5 of Environment Protection Act, 1986 vide communication date March 30, 2016 but there is no change in the prevailing situation”, the Member Secretary of the Pollution Control Board had conveyed to the Health Secretary through the communicated dated June 12, 2017 while requesting for his personal intervention to ward off any adverse situation that may arise on account of non-compliance of Rules.
Thereafter, the General Administration Department vide Order No.875 dated July 7, 2017 constituted District Level Monitoring Committees to oversee the implementation of Bio Medical Waste (Management and Handling) Rules, 2016 at the district level with the direction to the Deputy Commissioners to submit report once in six months to the State Advisory Committee with a copy to the State Pollution Control Board.
However, the situation has remained unchanged till date and this can be gauged from the Letter No. SPCB/LSJ/341/ 1241-1246 dated March 2, 2018 written by Member Secretary State Pollution Control Board to Principal Secretary, Health and Medical Education Department.
“No major change has been witnessed even after issuing binding instructions under Section 5 of Environment Protection Act to the Principals of Government Medical Colleges of Jammu and Srinagar”, the Member Secretary PCB said, adding “annual report under Bio Medical Waste Rules is neither submitted nor displayed on websites by the Principals of GMCs, segregation of waste at source, labeling/bar coding and maintenance of record is not being followed, Sewerage Treatment Plant is not functional and Effluent Treatment Plant is not installed and pre-treatment of the waste is not being done”.
“In addition, consent of the Board under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 has not been obtained”, the Member Secretary further said in the communication to the Health Secretary, adding “status of compliance of other Government run hospitals is not different and Directors of Health Services have also shown poor response towards the adherence to the Bio Medical Waste Management Rules”.
Seeking immediate intervention of Principal Secretary Health and Medical Education in bringing Government run hospitals on right side of law in respect of Bio Medical Waste Management Rules, the Member Secretary has explicitly conveyed to the Health Secretary that in case failure persists the Board shall be constrained to opt for prosecution of Principals of Medical Colleges and Directors of Health Services under Environment Protection Act.
Section 15 of the Environment Protection Act states: “Whoever fails to comply with or contravenes any of the provisions of this Act, or the Rules made or orders or directions issued there-under, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to Rs one lakh or with both, and in case the failure or contravention continues, with additional fine which may extend to Rs 5000 for every day during which such failure or contravention continues after the conviction for the first such failure or contravention”.
It further states that if the failure or contravention referred to in Sub-Section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.
The Pollution Control Board has also sent a communication to the Divisional Commissioners mentioning that none of the Deputy Commissioners has submitted six monthly report of the District Level Monitoring Committee to the State Advisory Committee.
All this clearly indicates that despite orders from the State High Court and National Green Tribunal no seriousness has been shown by all the concerned authorities for implementation of the Bio Medical Waste Management Rules so as to check adverse impact on the environment and human health.
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