Legal Impediments and Pathways for Mainstreaming Extended Producer Responsibility in India's Waste Regime

Mridula Thakur; Unanza Gulzar

Abstract

Extended Producer Responsibility has become central to India's transition to a circular economy and now covers eight mandatory waste streams, which include plastic packaging, e-waste and end-of-life vehicles. But there are important legal and institutional obstacles that prevent EPR from being effectively mainstreamed over the long term. This research paper examines the existing regulatory framework, primarily based on the Environment Act, 1986, and identifies aggravating bottlenecks in terms of fragmented constitutional jurisdiction provided by the Seventh Schedule and the lack of a national EPR. Using a comparative approach, this study elucidates the necessity to move away from a reactive, prescriptive regime into more proactive paradigms by contextualising successful instruments and policies drawn upon European Union harmonized directives, Japan’s Design for Environment platform and South Korea’s Eco-Assurance System with digitalization. Findings highlight the “moral conundrum” of the informal sector, where workers come into contact with dangerous waste streams without legal recognition or safety training. We suggest the establishment of a National EPR Act, establishing a National Authority, blockchain-based digital traceability, federal-state harmonization and inclusion of informal waste collectors within the formal spectrum. While these reforms must be strongly institutionalised to encourage greater producer responsibility and comply with the graduated collection targets capped at 70% for priority sectors by late 2025 in line with India’s sustainable development goals.

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