Order of the National Green Tribunal in the matter of Shailesh Singh Vs Sheela Hospital & Trauma Centre, Shahjahanpur & Others dated 18/01/2021. The issue raised in these applications was non-compliance of the provisions of Bio-medical Waste Management Rules, 2016 (BMW Rules) by the States and UTs.

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The NGT noted that it is clear from the report submitted by the Oversight Committee that there are huge gaps in compliance - in some states, compliance ranged from 17% to 38% only. There was underutilization of the common bio-medical facilities at many places. Facilities and their siting needed review and such facilities must obtain Environmental Clearance (EC). Recycling of bio-medical waste has to be done through authorised recyclers and the hazardous bio-medical waste must not be mixed with the general waste. The Central Pollution Control Board should review the compliance status from time to time and issue directions based on the observations from the reports received, the NGT order of January 18, 2021 said.

In addition, there should be an adequate number of common bio-medical facilities. The Chief Secretaries of all the States/UTs have to ensure that authorization is secured by every health care facility in their respective jurisdiction and that there is adherence to the norms. Similarly, the District Magistrates may, at their level, take necessary steps in their Districts, in accordance with the District Environmental Plans. As found by the Oversight Committee for Uttar Pradesh, ETPs are either not provided or are not functional in various health care facilities as required under the Rules. Compliance in this regard has to be ensured in all States/UTs. While permitting deep burials, it should be ensured that ground water contamination does not take place, the NGT order said.