BEFORE THE HON’BLE SUPREME COURT OF ASHIYANA
CASE 1
PINEAPPLE INC.CO &OTHERS
VS
UNION OF ASHIYANA & OTHER
W.P NO………../2017
CASE 2
JACK AND JUDY BING RECYCLING CO. (JJB)
VS
CENTRAL POLLUTION CONTROL BOARD(CPCB) & OTHERS.
APPEAL NO……./2017
Facts
Constitution of Ashiyana & judiciary
Aashiyana is currently world’s largest democracy. The Constitution of Aashiyana is the
Grundnorm which governs the entire nation.The Hon’ble SC of Aashiyana has widened the
Right to Life to include Right to Health and Right to live in Healthy environment.
Increasing use of electronic and its results
Aashiyana has emerged one of the biggest markets for mobile phones in world. Boski, the
national capital territory of Aashiyana, has long been suffering from the issue of waste
disposal so much so that one of the dumping grounds in the Charag area had by now become
a complete mountain of garbage.According to Newspaper reports, about 2,200 metric tonnes
of garbage coming from east Boski is dumped at the landfill every day.
In a survey conducted by the Ministry of Environment and Forest and Climate Change of
Aashiyana, it was found out that one of the major contributors in the waste generated every
year is that of electronic waste. Of the total e-waste generated in Aashiyana, approximately
5% is recycled while 10% is useless and goes to landfills 85% is handled by the informal or
unorganised sector. As per a Study conducted by a NGO ‘HUMANS FOR LIFE’ the
traditional methods and unsafe disposal of e-waste led to increased levels of Lead in Blood
of workers.
Pineapple india inc, JJB Recycling Co, their practices and it’s results
Pineapple India Inc. was duly incorporated company having its holding company in USA. It
manufactures PinePhones. Pineapple has released eleven generations of PinePhone models.
Some scholars have pointed out that with the release of PinePhone and subsequent market
strategy of launching ‘improved versions’ every couple of years has led to increase in
e-waste as other players also follow the same techniques.The Government of Aashiyana
enacted E-Waste Rules in 2016. It introduced certain new concepts in existing 2011 rules
mainly Extended Producer Responsibility (EPR), Restriction of Hazardous Substances
(RoHS) and it included Fluorescent bulbs and tubes in definition of E-waste.
Jack and Judy Bing Recycling Co. in Boski took authorisation under 2016 Rules and
accepted the EPR scheme. JJB Company had a contract with Pineapple Inc. wherein it agreed
to recycle phones of Pineapple Inc. which it gathers under its ‘end of life take back scheme.’
Meanwhile, on July 14, 2017, a big part of the landfill collapsed in afternoon Official reports
confirmed death of 5 people, and 8 people injured. A PIL was filed in the SC. SC directed
the government to take stringent steps immediately to tackle with the waste disposal issue in
the country. SC also formed a committee to advise on reduction of e-waste and to find out
latest recycling systems.
The committee found that ‘PLANNED OBSOLESCENCE’ is prevalent in electronic
industry. The rationale behind the strategy is to generate long-term sales volume by reducing
the time between repeat purchases. Planned obsolescence is a serious environmental problem
for the planet. Many blogs instilled on PineApple users’ minds that PineApple was purposely
slowing down their phones to make users upgrade their phones. the committee found that the
companies selling Mobile Phones, Laptops and Computers have certain ‘warranty void’
clauses. After a so called new version is launched, the repairs of older versions is reduced
and ultimately stopped. This forces consumers to buy latest versions which leads to more
electronic waste.
The SC sought views of Law Commission and commission agreed to the views of
committee and enacted a Bill to counter planned obsolescence that would force vendors to
design products for longer life and easier maintenance. The Govt. passed the bill and enacted
Right to Fair Repair Act, 2018 which mandates that each and every device should also have a
mention of its minimal life expectancy. It also wants longer warranty periods and criteria to
measure a product's strength.
PineApple India Inc. along with other companies has challenged the constitutional validity of
this Act on the ground of violation of Part III rights. It also contends that third party repair
may lead to leakage of trade secrets and there is also a threat of reverse engineering. Govt. on
the other hand cites concerns of E-waste and its ill impacts and argues that recent incidents in
technology industry demand such restrictions. The SC has accepted the appeal and is listed
for final hearing.
INTERVENTION OF CENTERAL POLLUTION CONTROL
BOARD(CPCB)
A complaint was filed to CPCB which sent a team to take sample from the plant and nearby
area. The Commission found that the levels of lead, cadmium and mercury due to burning of
batteries and Cathode Ray Tubes have increased the level of these chemicals in Road Dust.
The Air Control Equipment was faulty and the water facility was in bad condition.
The CPCB took samples from the Main Stream and found that notwithstanding the fact that
pollutants from other sources reach the water bodies. The water has become
poisonous. The local aquatic environment is at a potential high risk, because the piles of e-
waste components stored outside are routinely drenched or flooded by rainfall, producing
run-off from storage sites to local waterways. Both water and sediment samples show that
e-waste-related contaminants have entered Aashiyana's water. A species of Fish named
MATASAYA had died in Main Stream. The death of fish raised huge controversies as this
Fish was worshipped as vehicle of a local Water Goddess. The people became furious and
protested against the company.
ACTIONS OF CPCB &NGT
The Board took emergency measures and prohibited the JJB Company from discharging any
waste or noxious substance into the canal. It ordered closure of the recycling plant. An
appeal was filed by Company against Board to NGT and it was argued that Board has not
sent notices before collecting samples and that Principles of Natural Justice have been
violated. It also argued that proper Authority to take action was Central Govt. under EPA as
the 2016 rules are framed under EPA. The CPCB on the other hand argued that it ordered
closure on the basis of sample collected from Main Stream and hence, no notice was
necessary. The NGT upheld the order of the Board and also imposed a fine of Rs. 10.5 Crore
on JJB Company by applying PPP Principle. It ordered compensation of Rs. 450 Crore on
account of loss of Biodiversity and restoration of ecology. It fixed all costs of cleaning Main
Stream on JJB Company. The company has appealed to SC against this.
