New Delhi: Noting that the private hospitals were not following the barcode system, the Supreme Court has recently pulled up 3 private hospitals for violating the biomedical waste management rules and dumping bio-medical waste in open grounds.
The bench ordered three prominent hospitals to ensure that bio-medical waste is not dumped in the open area as well as properly segregated and disposed off. The court directed them to submit a concrete action plan in this regard.
Making its decision, the bench took note of the unsystematic and random disposing off the Biomedical Waste near open forest spaces by 3 hospitals- Chhatrapati Shivaji Subharti Hospital, Subhartipuram, Paras Hospital, Ghaziabad and Lyf Hospital, Ghaziabad. It noticed that the hospitals have not adopted the bar code system as per the EPCA Report.
Hence, the Supreme Court of India issued the order expressing concern on the matter; especially considering the current COVID pandemic when biomedical waste can be contagious if not disposed of properly by the hospitals.
This came after the court decided to consider the application for intervention by one DU law student. The intervention application was moved in a writ petition of 1985, titled MC Mehta v. Union of India & Ors.
A bench of Justice Arun Mishra Vineet Saran and Shah while considering the application observed;
"The tracking of biomedical waste generated; collected; processed and recycled needs to be improved urgently by adopting the bar-code system, as specified in the [Bio-Medical Waste (Management and Handling)] 2016 Rules which has not yet been implemented completely."
The court found that three of the private hospitals were not operating with the Barcode system, thereby instructing the respective hospitals, and the concerned authorities to hold a meeting and take immediate actions in order to clear the biomedical waste. The court noted;
"Let a meeting of the Central Pollution Control Board, Delhi Pollution Control Board and EPCA and the requisite stakeholders of the concerned Departments of the Central Government and Delhi Government and National Capital Region, including the representatives of the Corporations, be called for urgently within three days from today and steps be taken with respect to clearing bio-medical waste of various hospitals and that of Corona patients."
After finding out that the disposal of the garbage has not been done following the protocols, the apex court instructed the railway department as well as the municipal corporation to comply with the order and to submit an action plan on the next date of hearing that has been listed as the first week of August, adding that if the action plan is not submitted within the stipulated time appropriate action will be taken against the concerned individuals.
The court finally held;
"Let notice be issued to the hospitals and they are directed to ensure that bio-medical waste is not dumped in the open area and properly segregated and disposed of. Let a concrete action plan be prepared in this regard with respect to bio-medical waste and be submitted to this Court before the next date of hearing."
The court also expressed disappointment as the Delhi government has not yet installed the smog Tower which was to be installed long before in selective places according to the order issued on the 30th of January. The court observed;
"We are literally shocked at the attitude of the respondent with respect to installation of smog towers which was supposed to be installed within three months and for which an agreement was to be entered into and order was passed on 13th January 2020 after obtaining the requisite reports. Places were also chosen and stated on affidavit by the central government and the Government of NCT of Delhi. It was directed that the smoke Towers be installed within three months but unfortunately neither the agreement has been entered into not the requisite drawing has been obtained."Following the complete disregard for the court's order, the court has instructed the Ministry of Environment, Forest and Climate Change, and the Delhi Government to enter into an agreement, "positively within seven days" and prepare a report before July 29th. "In case the aforesaid directions are not complied with, we direct the personal appearance of the Secretary to the Government, MoEF and the concerned Secretary to the Govt. of NCT of Delhi on the next date of hearing, to explain as to why they have not complied with the order passed by this Court so far, " the court further added.
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