The Hindu Editorial Analysis- 30th April 2025 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

A Sri Lankan anti-terror law needing repeal

Why in News?

 The editorial criticizes Sri Lanka for continuing to use the Prevention of Terrorism Act (PTA) despite global concerns over human rights abuses. It calls on the Sri Lankan government to honor its democratic commitments and repeal this law. 

Background

The Prevention of Terrorism Act (PTA) was introduced in 1979 as a temporary measure.

• However, it has been applied disproportionately against the Tamil and Muslim communities, particularly during and after the civil conflict that lasted from 1983 to 2009.
• Although a new law, the Anti-Terrorism Act (ATA) 2023, has been proposed to replace the PTA, the older law remains in effect.

Key Issues with the PTA

• Extended Detentions: The PTA permits detaining individuals without trial for extended periods, potentially up to one year.
• Admissibility of Coerced Confessions: Confessions obtained under duress or torture can be used as evidence in court, raising serious ethical and legal concerns.
• Police and Military Powers: The law grants extensive powers to police and military personnel, with minimal judicial oversight, increasing the potential for abuse.
• Suppression of Dissent: The PTA has been widely used to suppress dissent, targeting journalists, students, and activists who voice opposition.

International & Domestic Criticism

• The United Nations Human Rights Council (UNHRC) and various human rights organizations have called for the repeal of the PTA, deeming it incompatible with international human rights standards.
• In 2022, widespread protests contributed to the ousting of President Gotabaya Rajapaksa, partly due to the authoritarian misuse of laws like the PTA.
• The current government under President Ranil Wickremesinghe had pledged to reform such laws but has continued to enforce the PTA.

India–Sri Lanka Relevance

• India has a diplomatic interest in the well-being of the Tamil population in Sri Lanka.
• Ongoing ethnic tensions and repression in Sri Lanka could threaten regional stability and strain India-Sri Lanka relations.
• A democratic and inclusive Sri Lanka is in line with India’s Neighborhood First and SAGAR (Security and Growth for All in the Region) policies.

Way Forward

Sri Lanka needs to take the following steps:

• Full Repeal of the PTA: The Prevention of Terrorism Act should be completely repealed rather than just diluted.
• Enactment of ATA 2023: The Anti-Terrorism Act 2023 should be implemented with necessary safeguards, including judicial oversight and time-bound trials.
• Upholding Rights: Freedom of expression and minority rights should be upheld to restore confidence both domestically and internationally.
• International Collaboration: Sri Lanka should work with international human rights institutions and civil society to improve its human rights record.

 A powerful judicial remedy for waste management

Why in News?

 Continuing mandamus could be the solution to address India's massive waste management problem. 

Introduction

According to a recent study published in Nature, India is the world's largest plastic polluter, contributing 9.3 million tonnes of plastic annually, which is about 20% of global plastic emissions. This study defines plastic emissions as the movement of plastic material, including debris and open burning, from managed or mismanaged systems to unmanaged systems, where waste is uncontrolled and enters the environment.

Plastic Waste in India: Current Challenges and Solutions

State of Waste Management in India

• Dumpsites vs. Landfills: India has a significantly higher number of dumpsites (uncontrolled land disposal) compared to sanitary landfills, with a ratio of 10:1.
• National Collection Coverage: While India claims a national collection coverage of 95%, this figure is misleading because it excludes:
• Rural areas where waste collection is poor.
• Open burning of uncollected waste.
• Waste recycled by the informal sector, which plays a crucial role in waste management.
• Underestimated Waste Generation: The official plastic waste generation rate of 0.12 kg per capita per day is likely underestimated, and waste collection is overestimated due to these exclusions.
• Actual Plastic Waste Generation: The study suggests that the actual plastic waste generation rate in India is 0.54 kg per capita per day, indicating a far more severe plastic waste problem.

Plastic Waste in the Indian Himalayan Region

• Data Gaps: There is a lack of data regarding both the quantity and quality of plastic waste in the Indian Himalayan region, making it difficult to assess the scale of the problem.
• Management Capacity: The region has limited capacity to manage plastic waste effectively due to various factors such as infrastructure, resources, and technical expertise.

Waste Data Reporting and Transparency

• Reporting Mechanism: Waste generation data is reported by the Central Pollution Control Board (CPCB) through annual reports, which are based on information from State Pollution Control Boards (SPCBs) and municipal bodies.
• Key Issues: There are several key issues with the current reporting mechanism:
• Methodology Clarity: There is no clarity on the methodology used by SPCBs, PCCs, or municipal bodies to collect and report waste data.
• Absence of Waste Audits: There are no waste audits explaining how the reported figures are derived, leading to questions about their accuracy.
• Transparency and Scrutiny: The methodology used for data collection should be publicly disclosed and subjected to third-party scrutiny to ensure transparency and accuracy.

Data Gaps and Rural Waste Management

• Rural Waste Accounting: There is no proper accounting of waste generated in rural India, particularly in areas that fall under Panchayati Raj institutions.
• Local Governance: Many areas outside local self-governance institutions lack basic waste management systems, exacerbating the waste problem.

Legal and Constitutional Perspective

• Supreme Court Ruling: The Supreme Court of India has ruled that environmental protection is a constitutional obligation. This obligation is aimed at safeguarding individual rights and maintaining ecological balance, highlighting the importance of effective waste management as part of environmental protection.

 Operationalizing Extended Producer Responsibility (EPR) 

• Formation of Kiosks: Producers, importers, and brand owners (PIBOs) should set up kiosks for collecting EPR-covered waste.
• Strategic Placement: Kiosks need to be located based on factors like waste volume, geographic considerations, and accessibility.
• Accessibility for Local Bodies: Both urban and rural local bodies should have convenient access to these kiosks.
• Waste Segregation at Kiosks: PIBOs can hire personnel to manage waste segregation at kiosks, ensuring compliance with legal requirements.
• Feasibility of the System: While the system is complex, it is achievable with proper planning and infrastructure.
• Leveraging Technology for Waste Management: India can utilize innovative technological solutions to track and manage waste generation and disposal effectively.
• Global Example: By integrating technology with waste management systems, India has the potential to set a global standard in addressing plastic waste issues.

 Supreme Court Verdict on Vellore Tanneries Pollution 

 Court’s Directive 

• A continuing mandamus was issued to implement remediation programs to reverse the pollution.

 Committee Formation 

• A committee was formed to report in four months on compliance.

 Court’s Justification 

• The Court stressed that violations occur when directives and environmental norms are ignored, and the government plans fail.
• It vowed to protect the fundamental rights of the affected individuals.

 Principle for Waste Management 

• The same approach should apply to waste management cases, ensuring time-bound compliance.

 Focus on the polluter 

 Court’s Stand on Polluter Pays Principle: 

• The Court affirmed that the polluter pays principle imposes absolute liability for environmental harm, covering both victim compensation and the cost of restoring the environment.

 Remediation as Sustainable Development: 

• Environmental remediation is part of sustainable development, with polluters liable for restoring damaged ecology and compensating individuals.

 Environmental Law Violations: 

• Violations of environmental laws or failure to control pollution trigger the polluter’s liability, including:
• Non-compliance with pollution control measures.
• License violations or actions harmful to the environment.

 Polluter’s Liability: 

• Polluters must compensate victims and restore the environment.

 Challenges in Compensation: 

• Determining fair compensation is complex, considering both tangible and intangible damages.

 Government Pay Principle: 

• The Court applied the Government Pay Principle, directing the government to compensate affected individuals and recover costs from polluters until the damage is reversed.

 Conclusion 

• The waste management system in the country should be held accountable for the health of millions affected by pollution of land, water, and air due to unmanaged and mismanaged waste.
• Continuing a mandamus could be an effective way to address urgent environmental issues and ensure compliance.