ORDER

1. The issue for consideration is the remedial action to address the gaps in compliance of the BMW Rules, 2016, as applicable to the disposal of bio-medical waste arising out of handling of COVID-19 disease.

2. Scientific management of such waste is necessary for protection of environment and public health in view of potential of such infectious waste affecting public health generally and the concerned workers and professionals etc. in particular. The matter was earlier considered vide order dated 23.04.2020 in the light of news item dated 19.04.2020, published in the Indian Express titled (cid:145)Biomedical waste facilities, a red flag in coronavirus fight(cid:146). The Tribunal also considered the (cid:145)Guidelines for Handling, Treatment and Disposal of Waste Generated during Treatment/ Diagnosis/ Quarantine of COVID-19 Patients(cid:146). It was observed:-

(cid:147)We had interaction broadly on the need for revision of the laid down guidelines to address all concerns in the light of best practices and experience from time to time so that all aspects of scientific disposal of liquid and solid waste management are taken care of not only at institution level but also at individual levels (such as manner of disposal of used PPEs, used bags, gloves, goggles, etc., without the same getting straightaway mixed with other municipal solid waste causing contamination etc.), dealing with situations where adequate facilities (like incinerators) are not available, distinct colour guidelines for the bins etc., reviewing effectiveness of the monitoring mechanism, including securing information by way of electronic manifest system from the handlers of such waste and its online reporting by the State PCBs/PCCs on daily basis by developing necessary software, creating awareness by special awareness programmers, organizing trainings in concerned Local Bodies, Health Departments, etc., providing workers handling COVID-19 waste with adequate protective gear, adequate coordination with media and other concerned regulatory authorities in the States and the Central Government. We have also observed that out of 2.7 lakh HCFs identified, only 1.1 lakh HCFs are authorized under the BMW Management Rules, 2016 so far. The State PCBs/PCCs have to make serious efforts to bridge this gap to mitigate possible risk in terms of unscientific disposal of bio-

medical waste and to enforce rule of law.(cid:148)

3. The Tribunal referred to pending proceedings in O.A. No. 710/2017, Shailesh Singh v. Sheela Hospital & Trauma Center, Shahjahanpur & Ors. to remedy gaps in compliance of Bio- Medical Waste Management Rules, 2016 generally. In the said matter, vide order dated 22.01.2020, the Tribunal observed:-

(cid:147)2. (cid:133)...unscientific disposal of bio-medical waste had potential of serious diseases such as Gastrointestinal infection, Respiratory infection, Eye infection, Genital infection, Skin infection, Anthrax, Meningitis, AIDS, Haemorrhagic fevers, Septicaemia, Viral Hepatitis type A, Viral Hepatitis type B and C, etc. Such unscientific disposal also causes environmental pollution leading to unpleasant smell, growth and multiplication of vectors like insects, rodents and worms and may lead to the transmission of diseases like typhoid, cholera, hepatitis and AIDS through injuries from syringes and needles contaminated with various communicable diseases ..(cid:133)

3. Reference was also made to the report of the CAG placed on its website in May, 2017 as follows:

(cid:147)Inadequate facility of bio-medical waste (BMW) treatment. As per the report paragraph 2.1.9.5 there were 8,366 Health Care Establishments (HCEs) out of which 3,362 HCEs were operating without authorization. Total BMW generated in the State was 37,498 kg/day out of which only 35,816 kg/day was treated and disposed of. BMW of 1,682 kg/day was being disposed of untreated due to inadequate treatment facility. But UPPCB failed to monitor unauthorised operation and untreated disposal of BMW an