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Disposal of Medical Waste - The Role of Citizens - The Legal Issues

1. Introduction

The Bio-Medical Waste (BMW), is defined as any waste generated during diagnosis, treatment

or immunization, of human beings or animals or in research activities pertaining thereto or in the

production or testing of biological or in health camps. The health care facilities generate wide

range of wastes including infectious or biomedical waste during diagnosis, treatment or

immunization. The Bio-Medical Waste must be properly segregated at source of its generation

and colour coded for transportation, storage, appropriate treatment and disposal. Disposal of Bio-

Medical Waste includes shredding, deep burial and mutilation.

In order to rationalize the waste collection, processing and disposal practices in the country,

the Government of India in 1998 notified rules identified as the Biomedical Waste

(Management and Handling) Rules, 1998 (Gazette of India, 1998). These Rules were further

amended in 2016 to further improve the collection, segregation, processing, treatment and

disposal of the biomedical wastes in an environmentally sound manner. The existing waste

treatment and disposal facilities are required to meet the new standards and stipulations in 1 to 2

years.

2. Disposal of Bio-Medical Waste (BMW)

Bio-Medical Waste shall be treated & disposed of in accordance with Schedule I & II of

Biomedical Waste (Management and Handling) Rules, 2016. The authorities for

implementation of the provisions of the BMW Rules, 2016 are the State Pollution Control

Boards in respect of States and the Pollution Control Committees in the Union territories.

Disposal containers must have bio-hazard & cytotoxic hazard symbol and infectious waste not to

be stored beyond 48 hrs. Occupier shall handover the segregated Bio-Medical Waste colour

coded bags yellow, red, white and blue to Common Bio-medical Waste Treatment and Disposal

Facility (CBWTF) including pretreated lab and highly infectious waste. No occupier shall

establish captive treatment facility if CBWTF is located at 75 Km. If services of CBWTF not

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available, occupier shall setup captive treatment facility as per authorization from State Pollution

Control Board (SPCB). The handling and disposal of mercury and lead waste must be in

accordance with the respective rules / guidelines of BMW 2016.

The deep burial is permitted only in rural or remote areas where there is no access to a

common biomedical waste. The recommended treatment and disposal options follow different

methods and treatment technologies like (a) Incineration, (b) Autoclave treatment, (c)

Hydroclave treatment, (d) Microwave treatment, (e) Mechanical / Chemical Disinfecting, (f)

Sanitary and secured Land filling and (g) General Waste.

3. Role of Citizens in Bio-Medical Waste (BMW) Management

Swachh Bharat Abhiyaan, Prime Minister Narendra Modi’s grand project to make India a clean

country, aims to sensitize citizens to reduce and even clean their own waste. Improper practices

such as dumping of bio-medical waste in municipal dustbins, open spaces, water bodies etc.,

leads to the spread of diseases and citizen’s health can be adversely affected by bio-medical

waste. Hence citizen participation is necessary for a proper waste management system. Citizen

outreach creates informal opportunities for citizen’s input and dialogue in disposal of Bio-

Medical waste.

Citizen participation informs the citizen of the types of wastes and management methods that a

third party operator intends to employ and allow the public an opportunity to voice its concerns

about these risks. Citizen participation in Bio-Medical Waste management also benefits the

hospital owners and operators because it fosters community relations and can help to avoid

delays and future litigation by addressing public concerns up front.

4. Legal issues in Disposal of Bio-Medical Waste

Whoever fails to comply with or contravenes Bio-Medical Waste act, be punishable with the

imprisonment for a term which may extend to 5years or with fine which may extend to one lakh

rupees, or with both, and in case of failure or contravention continues, with additional fine which

may extend to five thousand rupees for every day during which such failure or contravention

continues after the conviction for the first such failure or contravention If the failure or contravention

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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.

5. Conclusion

Bio-Medical Waste Management solicits intensive multi-disciplinary endeavors’ requires

Achieving and complying Bio-Medical Waste management rules needs the co-operation of

medical professionals and Citizens, Hence citizens must be empowered with potential health

hazards of Bio-Medical Waste. It is the ethical and social responsibility of State, legislators,

management of health care institutions, and citizens to make sure that environmentally

acceptable Bio-Medical Waste disposal is introduced and implemented effectively.

6. References

CPCB. Biomedical waste management - An overview, News Letter, Central Pollution

Control Board, Delhi, India. 2014, 16-18.

Gazette of India. SO. 630(E) dated 20 July 1998, Biomedical Waste (Management and

Handling) Rules, 1998, Ministry of Environment and Forests, Government of India, New Delhi,

India. 1998, 1-13.

Gazette of India. GSR. 343(E) dated 28 March 2016, Biomedical Waste Management Rules,

2016, Ministry of Environment and Forests, Government of India, New Delhi, India. 2016, 1-37.

Radha KV, Kalaivani K, Lavanya R. A case study of biomedical waste management in

hospitals, Global J. Health Sci. 2009; 1(1):82-87.

{Content Writer: Dr. Shoeb Ahmed, PhD Student at Centre for Economic and Social Studies,

Begumpet, Hyderabad-500016. Email: shoebilyas@gmail.com}