Comprehensive directions issued to enforce the upcoming SWM Rules 2026 (will come into effect on April 1, 2026).
- SC reiterated that the right to a clean and healthy environment is an intrinsic part of Article 21 of the Constitution.
- The Court noted that despite having 2000-year-old heritage sites, poor waste management and a lack of civic cleanliness severely discourage tourism in India.
Key Directions
- Four-Stream Segregation: Pollution Control Boards to expedite infrastructure for four-stream segregation – Wet, Dry, Sanitary and Special Care waste and immediate communication of rules to Bulk Waste Generators (BWGs).
- Role of Elected Representatives: Councillors, Mayors, Corporators, or Ward Members are designated as the lead facilitators for source-segregation education and have a statutory duty to enrol every citizen in the implementation of SWM Rules, 2026.
- Strict Enforcement and Penalties: Failure to comply with the rules will no longer be treated as a mere administrative lapse. The Court established three tiers of enforcement:
- Tier 1: Immediate imposition of fines for initial non-compliance by generators or local authorities.
- Tier 2: Continued disregard will result in criminal prosecution under environmental laws.
- Tier 3: Prosecution will extend to all responsible persons, including officials who neglect their oversight duties.
- Legacy Waste: A separate, time-bound action plan must be activated to address, treat, and remedy legacy waste dumpsites.
- Directions to be issued by MoEFCC under EP Act (1986):
- Through District Collectors, conduct infrastructure audits of solid waste management.
- Every local body must declare an outer time limit for 100% compliance.
