Noticing The Unnoticed: E-Waste Menace

Law Firm - Anand & Anand
By: :  Priya Singh
By :  Legal Era
Update: 2023-03-16 03:30 GMT
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Noticing The Unnoticed: E-Waste Menace We must realise that the technology of today will eventually be e-waste, and that properly disposed of e-waste cannot only protect the environment but also turn around the economics of recycling and reuse The mountains of potentially dangerous electronic garbage are expanding along with humankind's yearning for new technologies. The youth of...


Noticing The Unnoticed: E-Waste Menace

We must realise that the technology of today will eventually be e-waste, and that properly disposed of e-waste cannot only protect the environment but also turn around the economics of recycling and reuse

The mountains of potentially dangerous electronic garbage are expanding along with humankind's yearning for new technologies. The youth of today is constantly on the lookout for the newest, coolest electronic devices to amuse or educate them. The world's fastest-growing waste stream is being produced because of humanity's insatiable desire for technological devices.


Where does India stand in the world?

The Basel Convention was one of the first provisions to address the environmental risks of e-waste. The Environment (Protection) Act of 1986 in India deals with problems pertaining to the environment, including its protection and improvement. The focal agency for policy, planning, promoting, and coordination of the environmental programme, including electronics waste, is the Ministry of Environment and Forests (MoEF), Government of India.

Business Today reports that with an annual production of 3.23 million tonnes, India is the third-largest producer of e-waste in the world, behind the United States and China. India handled 3.4 lakh tonnes of e-waste in 2020–2021. Plastic waste production is increasing annually by 3%, and e-waste production is even greater, with waste production totalling 7.1 lakh tonnes in 2018–19 and 10.14 lakh tonnes in 2019–20, according to CPCB. There is an annual growth of 31%.In the World Bank's assessment for environmental protection in 2022, India ranks fifth out of 180 nations, with a dismal rating of 18.9. This was connected to low performance in environmental health policies and air pollution-related mortality.

Mumbai is first of the top 10 cities in India in terms of e-waste generation, followed by Delhi, Bangalore, Chennai, Kolkata, Ahmadabad, Hyderabad, Pune, Surat, and Nagpur. The 65 cities contribute more than 60% of total e-waste generated, whereas 10 states generate 70% of total e-waste generated.



In India, 95% of e-waste is sent to the non-formal sector, while 5% is treated in official units. Non-formal units often gather e-waste from rag pickers and dismantle goods for usable parts, components, and modules with resale value. The remaining material is chemically processed to extract valuable metals. When broken or undesired electronics are discarded in a landfill, toxic substances such as lead and mercury leach into the soil and water. This recycling procedure is inefficient, and recovery is often restricted to only precious metals such as gold, silver, aluminium, and copper. Other materials, such as tantalum, cadmium, zinc, and palladium, are not recovered.

The use of intelligent e-Waste monitoring systems, such as the Internet of Things (IoT), Artificial Intelligence (AI), or Machine Learning (ML) technology, can undoubtedly bring muchneeded automation, allowing waste management organisations to track step-by-step procedures, making them more convenient and efficient. Second, utilising the producer-operated buy-back method, special initiatives may be employed to incentivize customers to enter a formal recycling channel.

Adoption Of The First Single Charger Rule In The Globe

The United Kingdom is presently one of the world's leading manufacturers of domestic e-waste. To address this, the European Parliament has taken a significant move that might be considered a watershed moment in the fight against e-waste. The European Parliament has passed a new regulation that would see the introduction of a single charging outlet for electronic devices in the EU by 2024. The new rule aims to reduce e-waste and enable customers to make more environmentally friendly choices. It has the potential to save at least 200 million euros per year while also drastically reducing electronic trash.

Intellectual Property Rights (IPR) Role

In response to the e-waste problem, the Basel Convention, in partnership with the World Intellectual Property Organization (WIPO), has created a patenting process for e-waste recycling technology. According to the research, most e-waste patents were submitted by nations such as Germany, the United States, and Japan, with China leading the list of emerging countries in terms of patents.

The majority of E-Waste recycling patents submitted fall under the categories of waste battery or cell recycling, PCB recycling, plastic recycling, waste glass recycling, or chips and other WEEE (Waste Electronic and Electrical Equipment) recycling.

Some Of the Examples Of IN patents Filed For e-waste Recycling Technologyinclude 2997/CHE/2013 that relates to the recovery of cobalt from the spent lithium-ion battery, 3289/KOLNP/2012 discloses a process for recycling printed wire boards, 1137/MUMNP/2009 discloses the method for reprocessing and recycling all types of EEE waste plastic, 1540/MUMNP/2007 relates to a procedure for cleaning compacted material produced from film scraps, 01842/KOLNP/2004 discloses a device for handling thermoplastic synthetic plastic components, 204/KOL/2014 discloses a process for preparing recycled plastic materials from waste electrical and electronic equipment, and the list goes on.

E-waste may be recycled in a variety of creative ways. The use of intelligent e-Waste monitoring systems, such as the Internet of Things (IoT), Artificial Intelligence (AI), or Machine Learning (ML) technology, can undoubtedly bring much-needed automation, allowing waste management organisations to track step-by-step procedures, making them more convenient and efficient. Second, utilising the producer-operated buy-back method, special initiatives may be employed to incentivize customers to enter a formal recycling channel. E-waste may also be utilised to create electricity.

Patenting E-Waste Recycling Technology has been highly advantageous in pushing firms to employ innovative ecologically friendly and cost-effective solutions. However, to take use of these technology and other benefits, recyclers must first get corporate authorization and comply with environmental regulations.

Prime Minister’s 97th Edition of ‘Mann ki Baat’

On January 29, 2023, the Honourable Prime Minister of India, Mr. Narendra Modi, cautioned the nation during his "Mann ki Baat" broadcast about the rise of e-waste. The Prime Minister stated in his monthly radio show that there is a need to educate people about the appropriate and safe methods for disposing e-waste as only 15% -17% of e-waste is estimated to be recycled annually.

He continued by pointing out that a United Nations studies showed that almost 50,000,000 tonnes of e-waste are generated yearly. "Each second, 800 laptops are discarded. You'll be shocked to learn that nearly 17 different types of precious metals, including gold, silver, copper, and nickel, can be recovered from garbage using various techniques, the PM added.

Need Of The Hour & Way Forward

There are policy frameworks in place to protect vulnerable groups, but they are not properly applied, according to the leaders in the business for managing e-waste. In the fiscal year 2019–2020, India produced 10 lakh tonnes of e-waste, according to a study by the Central Pollution Control Board (CPCB). Furthermore, in 22 states, there are only 468 authorised recyclers and 2,808 pickup stations. The combined capacity of India's 468 recyclers is 13 lakh tonnes, which is insufficient to match the country's e-waste output.

To address the issue, the MoEF included appropriate terms in the Hazardous Wastes (Management, Handling, and Transboundary) Rules, 2008 and had informed all Government Offices to dispose e-waste in an ecologically sound manner, in compliance with these Rules. It was also urged that units handling and engaging in activities such as collection, segregation, disassembly, and recycling of e-waste must register with the CPCB.

Attero is the first firm in the world to receive carbon credits for recycling e-waste and the largest e-waste recycling company in India. The government currently lacks appropriate methods and technology for extracting valuable metals from e-waste in a sustainable manner. To fulfil the need of an overcrowded and competitive industry, India could begin licencing the technology to other recyclers or create new technologies.

To ensure that electronic trash is recycled, cooperation is needed from the government, the regulatory body, producers, and recyclers. BARC is receiving active assistance from the AGNIi Mission, a key project of the Prime Minister's Science, Technology, and Innovation Advisory Council (PM-STIAC). The E-Waste Management Rules were published by the Union Ministry of Environment, Forest, and Climate Change in 2022 and are anticipated to take effect this year.

It is necessary to develop an appropriate system to integrate big, organised sector units and small, unorganised sector units into a single value chain. India unquestionably needs a robust e-waste management law that can impose fines and guarantee effective e-waste management.

To reduce the burden on the ecosystem and designated disposal services, communities throughout the world are turning to smart waste management technology and solutions. Instead of making further adaptations to a lifestyle that benefits everyone, many people are stuck in the same traditional linear economic cycle. We must realise that the technology of today will eventually be e-waste, and that properly disposed of e-waste cannot only protect the environment but also turn the economics of recycling and reuse around. To live a waste-free lifestyle, we still have a long way to go.

Disclaimer – The views expressed in this article are the personal views of the author and are purely informative in nature.

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By: - Priya Singh

Priya handles patent prosecution and contentious matters in the Information and Communications Technology (ICT) domain. She has 13 years of extensive experience in patentability and (In) validity searches, infringement analysis, FTO search, technology landscape, patent-to-standard mapping and 3GPP standard analysis, Expert Patent Assessment, Evidence-of-Use claim charts, IP vetting projects and portfolio analysis. Ranging from preparing R&D reports for litigation cases to providing market research, her monumental work deliveries include one-on-one complex wireless projects for some major players and her sales and marketing strategies for Europe, the Middle East and Africa (EMEA) region and Asia-Pacific Countries (APAC).
From attending international conferences to contributing her views on IP related issues through various articles that are featured in leading IP journals including ASIA IP LAW and C.T.L.R., she assists clients in reaching a solution that best fits their needs. A gold medallist in Electronics and Communication Engineering, she is currently with Anand and Anand in the Patents and Designs practice.

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