I.

INTRODUCTION

The responsibility of the producer to manage the environmental impact of a

product and its produce throughout the lifecycle of production and consumption is referred to
as Extended Producer Responsibility (EPR). 1 The primary objective of EPR is to facilitate a
robust reverse collection mechanism and to promote the recycling of post-consumer waste,
thereby enabling the recovery of valuable resources embedded within these materials. 2 By
internalizing the costs associated with waste management, EPR aims to enhance the
environmental accountability of producers, brand owners, and importers (PIBOs) across the
spectrum of their product lifecycles.3
The adoption of EPR in India proposes to transfer the conventional burden of
waste management from local authorities to producers themselves, thus fostering a system
that favors resource efficiency and the use of sustainable practices. There are increasing fears
about environmental degradation in India. Due to the absence of infrastructure, the landfills
in the country are perpetually full, destroying the soil, polluting the air, and making people ill.
The relatively low recycling rate in the country, brought about by the absence of appropriate
waste management infrastructure coupled with the absence of overall coverage of waste
segregation methods at the source, only adds to the problem. While the informal sector
contributes significantly to the processing of a high amount of waste in India, it intermittently
experiences several issues and functions without official recognition and adequate support.
This context highlights the necessity of adopting effective EPR measures to combat the
increasing environmental and public health issues associated with waste management in
India.
Part II of the Paper will analyse the current legal framework that allows for the
sustenance of a circular economy through the application of EPR. Subsequently, in Part III,
an empirical analysis of the current case laws and judgements of EPR adaptations are devled
into, which are used in Part IV to create and identify the loopholes in the current legal field
for the implementation of EPR. In Part V, a case-study of State wise implementational
policies for EPR is undertaken to realise and adopt a self-curated policy in Part VI, before
concluding in Part VII.

II. LEGAL PLAYFIELD FOR EPR

Extended Producer Responsibility (EPR) in India has seen massive growth as

evidence of a forthcoming need to manage the several forms of waste. 4 The Plastic Waste
Management Rules of 2016 was an important step by outlining Extended Producer
Responsibility (EPR) as a key policy tool to tackle the escalating problem of plastic waste.
The E-Waste (Management) Rules of 2011 were the first to embrace the principle of
Extended Producer Responsibility (EPR) in the Indian legal system. As technology developed
at a fast pace and electronic waste was generated in turn, the law was subsequently amended
in 2016 and again in 2022 to widen its scope and ambit. The 2022 Battery Waste
Management Rules are a wide extension of the Extended Producer Responsibility (EPR)
1
Registration of PIBO /PWP as per EPR Guidelines Notified by MoEF&CC, CPCB, available at
https://eprplastic.cpcb.gov.in/plastic/downloads/FAQs.pdf (Last visited on March 16, 2025).
2
Extended Producer Responsibility in India, SAAHAS ZERO WASTE, available at
https://saahaszerowaste.com/extended-producer-responsibility-3/ (Last visited on March 16, 2025).
3
Id.
4
Understanding EPR in Plastic Waste Management, BANYAN NATION, available at
https://www.banyannation.com/blog/what-is-epr-plastic-waste-management/ (Last visited on March 16, 2025).
policy, moving beyond the 2001 rules and embracing an integrated approach towards the
management of the environmental dimension of various kinds of batteries. The Hazardous
and Other Wastes (Management and Transboundary Movement) Amendment Rules 2022
have merely included Tire Waste Management under the EPR mechanism, a reflection of the
policy's extension to tackle more and more environment-related issues. This step is the
second instance where the Indian government shows an increased willingness to utilize
Extended Producer Responsibility (EPR) as a potent driver to prompt industry sectors to take
environmental responsibility and embrace environmentally sound waste management
practices
There are certain legislative measures in support of the Extended Producer
Responsibility (EPR) framework in India. The Plastic Waste Management Rules, 2016
(amended), bind producers, importers, and brand owners (PIBOs) to recover and recycle
plastic waste from their products. The rules mandate some collection targets on an annual
basis along with recycling and registration with the Pollution Control Boards (PCBs) as well
as the corresponding EPR portal.5 The regulations categorize plastic packaging into four
types – Rigid, Flexible, Multilayered, and Compostable – each subject to EPR, 6 with targets
set on a weight basis.7 Recent amendments have further strengthened the rules by introducing
mandated recycled content requirements for certain plastic products and establishing targets
for the reuse of product packaging.8
The E-waste (Management) Rules, 2022, place the responsibility of
managing electronic products at the end of their life cycle on the producers. The rules
mandate producers to establish collection systems and educate consumers about the process
of returning their used electronic devices.9 Forced registration of EPR is applicable to
all the actors in the e-waste value chain, i.e., producers, manufacturers, importers,
refurbishers, and recyclers.10 In addition, the legislation sets specific
recycling goals to be met by producer.11
The 2022 Battery Waste Management Rules also include collection, recycling,
and refurbishment of different types of batteries in the producers' tasks, except for some
applications in military and security devices.12 These regulations mandate producers to
achieve collection and recycling targets and permit the creation of Producer Responsibility
Organizations (PROs) or other organizations to oversee these responsibilities under the EPR
regime.13

III. AN EMPIRICAL ANALYSIS OF CASE LAWS ON EPR IN INDIA

5
Id.
6
Registration of PIBO /PWP as per EPR Guidelines Notified by MoEF&CC, CPCB, available at
https://eprplastic.cpcb.gov.in/plastic/downloads/FAQs.pdf (Last visited on March 16, 2025).
7
Understanding EPR in Plastic Waste Management, BANYAN NATION, available at
https://www.banyannation.com/blog/what-is-epr-plastic-waste-management/ (Last visited on March 16, 2025).
8
Incorporating EPR Principles in India's E-Waste Management, INSTITUT H21, available at
https://www.ih21.org/aktuality/incorporating-epr-principles-in-indias-e-waste-management (Last visited on
March 16, 2025).
9
Id.
10
Knowledge | India E-Waste and EPR, TECEX, available at https://tecex.com/epr-and-e-waste-india/ (Last
visited on March 16, 2025).
11
FAQ under E-Waste (Management) Rules, 2022 (Q - CPCB, available at
https://cpcb.nic.in/uploads/Projects/E-Waste/FAQ_ewaste_23012024.pdf (Last visited on March 16, 2025).
12
Battery Waste Management Rules, 2022, NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, available at
https://ceerapub.nls.ac.in/battery-waste-management-rules-2022/ (Last visited on March 16, 2025).
13
Id.
 In the realm of plastic waste management, the landmark case of Almitra H.
Patel v. Union of India stands out.14 Though primarily concerned with the dire state of solid
waste management in Delhi and the failure of municipal authorities, this Public Interest
Litigation (PIL) underscored the fundamental right of citizens to a clean environment under
Article 21 of the Constitution. The Supreme Court's eventual mandate for the implementation
of the 2016 Solid Waste Management Rules, which include EPR provisions for plastic
packaging, demonstrates the judiciary's role in driving policy towards more sustainable waste
management practices. This case, even before the specific formulation of EPR rules for
plastic, established the legal imperative for systematic waste management, a principle that
underpins the philosophy of EPR.
The ecological and environmental damage caused by plastic waste was a
central concern in the case of Karuna Society for Animals and Nature & Others v. Union of
India & Others.15 The Supreme Court, responding to the suffering of animals due to improper
plastic disposal, directed the Central Government to take concrete steps, under the
Environment (Protection) Act, 1986, to prohibit the use, sale, and disposal of plastic bags in
urban areas and to establish proper waste management systems. This judicial intervention
highlights the severe environmental consequences of plastic pollution, directly supporting the
need for robust EPR implementation to mitigate such harm.
Referring to the specific issue of plastic utilization in ecologically sensitive
areas, the Court on its own Motion v. Union of India (Amarnath Yatra)16 case saw the
Supreme Court endorsing recommendations to ban plastic utilization during Amarnath Yatra
and to provide alternatives like water filters. This affirmative action by the judiciary in a
single case reflects its dedication to implementing measures which reduce plastic waste,
which in turn benefits the general objectives of EPR to reduce environmental harm.
Most related to enforcement of existing regulations is Amit Manibhai Panchal v. State of
Gujarat.17 This PIL exposed grave non-compliance by the Junagadh Municipal Corporation
with the Plastic Waste Management Rules, 2016, and ineffectiveness in monitoring on the
part of the Gujarat Pollution Control Board (GPCB). Follow-up actions of the Gujarat High
Court to the GPCB to carry out detailed inspections and initiate disciplinary action against
violators are a reflection of the imperative need for effective regulatory control to ensure that
provisions of EPR and other regulation for solid waste management actually get translated
into action at the grassroots level. The case highlights the issue of policy being turned into
practice and the judiciary's role to ensure accountability of officials with non-compliance.
The necessity of adhering to some provisions of law while dealing with
different types of waste is presented in M. Eswari Petitioner v. The Regional Manager.18
The Madras High Court affirmed the requirement for an e-waste certificate and e-waste
disposal license, upholding the legal requirements of parties dealing with e-waste under
relevant rules, which draw their strength from principles of EPR.
The environmental consequences of improper e-waste management were
addressed in Shailesh Singh v. State of Uttar Pradesh.19 The National Green Tribunal (NGT)
took up the issue of unscientific disposal of e-waste leading to environmental contamination
and directed remedial action in line with the E-waste (Management) Rules, 2016. This case

14
Almitra H. Patel v. Union of India, AIR 2000 SC 1256.
15
Karuna Society for Animals and Nature & Others v. Union of India & Others, Writ Petition No. 154 of 2012.
16
Court on its own Motion v. Union of India (Amarnath Yatra), AIR 2012 SC 649.
17
Amit Manibhai Panchal v. State of Gujarat, Writ Petition No. 110 of 2021.
18
M. Eswari Petitioner v. The Regional Manager, AIR 2014 MADRAS 182.
19
Shailesh Singh v. State of Uttar Pradesh, M.A. No. 441 of 2017 (NGT).
 emphasizes the legal and environmental accountability for failing to manage e-waste
responsibly, a responsibility that EPR aims to assign to producers.
In the realm of battery waste management, the provided snippets primarily
focused on the regulatory framework itself, with limited explicit references to specific case
laws. This might suggest that the Battery Waste Management Rules, 2022, are relatively new,
and significant legal challenges or judgments have not yet been widely reported in the
available material.

Case Name Relevant Waste Key Issues Supreme Implications for

Stream Court/High EPR
Court/NGT Implementation in
Judgment India

Almitra H. Patel Solid Waste Failure of municipal Mandated Established legal

v. Union of India (including Plastic authorities in waste implementation of basis for systematic
& E-waste) disposal; Right to Solid Waste waste management,
clean environment Management Rules, including principles
2016 later incorporated
into EPR
regulations.

Karuna Society Plastic Waste Suffering of animals Directed Central Highlighted the
for Animals and due to plastic waste Government to environmental and
Nature & Others prohibit use, sale, ecological damage
v. Union of India and disposal of caused by plastic
& Others plastic bags in urban waste, reinforcing
areas the need for
effective EPR.

Court on its own Plastic Waste Excessive use of Agreed with Demonstrated
Motion v. Union plastic by recommendations to judicial willingness
of India pilgrims enforce plastic bans to enforce plastic
(Amarnath and provide waste reduction
Yatra) alternatives measures in
specific
environmental
contexts.

Amit Manibhai Plastic Waste Non-compliance with Directed GPCB to Revealed gaps in
Panchal v. State Plastic Waste inspect and take implementation and
of Gujarat Management Rules, action against enforcement of
2016; Lack of violators plastic waste
oversight by GPCB management rules,
including EPR
provisions, at the
local level.
 M. Eswari E-waste Need for e-waste Upheld the Emphasized the
Petitioner v. The certificates and mandatory legal obligations
Regional disposal licenses requirement for for entities
Manager... obtaining necessary handling e-waste to
certifications from comply with
Pollution Control regulatory
Board framework linked
to EPR.

Shailesh Singh E-waste Unscientific disposal Directed remedial Underscored the

v. State Of Up of e-waste leading to action to ensure environmental
environmental management of e- harm caused by
contamination waste consistent with improper e-waste
E-waste management and
(Management) the NGT's role in
Rules, 2016 enforcing e-waste
rules based on
EPR.

Devidas Khatri E-waste Proliferation of Sought more specific Pointed to the

v. Secretary illegal e-waste instances and challenge of
MOEF CC collection and impleadment of regulating the
recycling centers. concerned parties informal e-waste
sector despite the
EPR framework.

A critical analysis of court rulings indicates that although courts and tribunals
have attempted to enhance EPR compliance, the absence of coercive enforcement has
significantly undermined their efficacy. Following is the table of important case laws which
outline the evolving judicial perspective towards enforcement of EPR:

Case Name Facts Arguments Judgment Judicial Stance

Aditya Dubey E-commerce Petitioners NGT directed CPCB to Lenient enforcement,

(Minor) v. companies failed to argued for strict ensure compliance and reliance on regulatory
Amazon & comply with EPR enforcement take coercive action. bodies.
Flipkart (NGT, obligations under and penalties;
2021) PWM Rules. respondents
claimed
logistical
challenges.

Hindustan Coca- Beverage companies Petitioners Show-cause notices Judicial

Cola Beverages did not submit EPR demanded issued, but enforcement acknowledgment of
& Others (NGT, action plans. immediate remained weak. non-compliance but
2021) action; lack of strict penalties.
respondents
sought more
time.

I-Serve Solutions Import of electronic Authorities Tribunal upheld firm's Recognition of EPR
v. Commissioner products without prior argued for strict compliance but noted importance, but
of Customs EPR authorization. compliance; regulatory gaps. relaxed enforcement.
(CESTAT, 2019) company
claimed
procedural
errors.

Dark Line Importers failed to Government Court mandated bond Stricter stance on EPR
Copier v. provide EPR bond as pushed for execution for but limited penalties.
Commissioner of required. stricter compliance.
Customs (Ker compliance;
HC, 2021) importers
sought
exemptions.

Atul Importers of Petitioners Court ruled EPR Judicial reinforcement

Automations v. multifunction devices argued for obligations must be met of EPR but
Commissioner of challenged EPR-based relaxed import before import clearance. enforcement left to
Customs (SC, restrictions. policies; regulators.
2019) respondents
cited
environmental
concerns.

These cases reveal a pattern where judicial directives are issued, yet follow-
through from statutory regulators is insufficient. Courts have recommended public disclosure
of compliance data, mandatory audits, and stricter penalties, but their directives have often
been met with delayed execution or corporate resistance.

IV. STRENGTHENING EPR IN INDIA BASED ON CASE LAW ANALYSIS

The case of Amit Manibhai Panchal v. State of Gujarat20 clearly demonstrates

the challenges in enforcing the Plastic Waste Management Rules at the local level. To address
these issues, there is a need for more specific and detailed guidelines outlining the precise
roles and responsibilities of Urban Local Bodies (ULBs) and State Pollution Control Boards
(SPCBs) in the implementation, monitoring, and enforcement of EPR schemes. Currently, the
ambiguity in these roles can lead to inconsistent application and a lack of accountability.

20
Amit Manibhai Panchal v. State of Gujarat, Writ Petition No. 110 of 2021.
Furthermore, the uncertainty surrounding the treatment of EPR obligations when producers
face insolvency, as discussed in snippet 28, necessitates the development of explicit legal
provisions or amendments to either the Insolvency and Bankruptcy Code (IBC) or the EPR
regulations themselves. These provisions should clarify how EPR responsibilities are handled
during insolvency proceedings to prevent environmental liabilities from being disregarded.
The case law analysis also points to significant weaknesses in the enforcement
of EPR regulations across various waste streams. The directives issued by the Gujarat High
Court in Amit Manibhai Panchal v. State of Gujarat21 underscore the importance of more
stringent monitoring by SPCBs, including regular and proactive inspections of obligated
entities. Additionally, establishing and consistently applying effective penalty systems for
non-compliance are essential deterrents. The persistent issue of illegal and informal e-waste
activities, as noted in Devidas Khatri v. Secretary Moef cc,22 suggests that the current EPR
framework needs to better engage with the informal sector. Policy recommendations should
focus on developing strategies for formalizing and integrating informal recyclers into the
EPR system, potentially through the provision of incentives, training programs on safe and
environmentally sound recycling practices, and facilitating their access to authorized
recycling channels.
Effective implementation of EPR requires improved coordination and a clear
definition of responsibilities among all stakeholders involved in the product lifecycle. The
complexity of obtaining EPR approval, as indicated in the context of e-waste management, 23
can be a significant barrier, especially for Small and Medium-sized Enterprises (SMEs).
Streamlining the registration and approval processes, providing clearer guidance, and
establishing support mechanisms specifically tailored for SMEs could enhance their
participation and overall compliance with EPR regulations. The policy recommendations
emphasizing the engagement of all stakeholders, including the informal sector, non-
governmental organizations (NGOs), and Producer Responsibility Organizations (PROs) 12,
highlight the importance of fostering collaboration and establishing well-defined cross-sector
relationships. Creating platforms for regular consultations and feedback among these diverse
stakeholders can significantly improve the effectiveness and inclusivity of EPR policies.
Given the vital role that the informal waste sector plays in waste collection
and sorting in India, their exclusion from the formal EPR framework represents a significant
gap.

V. STATE-WISE CASE STUDIES ON EPR IMPLEMENTATION

A. CASE STUDY 1: KERALA - IMPLEMENTATION OF EPR FOR PLASTIC WASTE

MANAGEMENT

Kerala faces a significant challenge in managing its municipal solid waste,

with plastic constituting a substantial portion. The Brahmapuram fire in 2023 served as a
stark reminder of the severe environmental and public health consequences of inadequate
waste management practices. The state exhibits a high per capita generation of plastic waste
compared to the national average.24 While decentralized waste management models in certain
localities like Alappuzha and Thiruvananthapuram have shown promise, audits have
21
Id.
22
Devidas Khatri v. Secretary MOEF CC, Application No. 47 of 2025 (NGT).
23
What are the Challenges in E-Waste Management and How EPR Consultants Solve it?, available at
https://vocal.media/serve/what-are-the-challenges-in-e-waste-management-and-how-epr-consultants-solve-it
(Last visited on March 16, 2025).
identified persistent issues such as insufficient infrastructure and the underutilization of
existing facilities.25 Furthermore, Kerala's practice of transferring its non-biodegradable waste
to neighboring states like Tamil Nadu has drawn criticism for its lack of sustainability and for
merely shifting the environmental burden.26
The Kerala State Pollution Control Board (KSPCB) is actively gearing up to
enforce the mandate requiring beverage manufacturers to use 30% recycled plastic in their
rigid packaging from April 1, 2025, with plans for comprehensive audits of registered entities
to ensure compliance. As of March 2025, approximately 345 brand owners, producers, and
importers in Kerala have registered on the central EPR portal. However, a reported 20% of
manufacturers were yet to register, indicating a potential gap in the state's EPR compliance
framework. The KSPCB has issued Standard Operating Procedures (SOPs) for both Plastic
Waste Processors (PWPs) and Producers, Importers, and Brand Owners (PIBOs) concerning
EPR for plastic waste, and the state also maintains a dedicated online portal to facilitate EPR-
related activities.27 The Kerala High Court has taken a proactive stance by issuing directives
for the strict enforcement of the ban on single-use plastics and mandating EPR registration
for all relevant stakeholders.28 To illustrate the EPR processes in Kerala, a flowchart can be
developed based on the SOPs available on the KSPCB website. 29 This flowchart would detail
the sequential steps involved in registration and compliance for both PIBOs and PWPs under
the Plastic Waste Management Rules as implemented in Kerala. This visual representation
would provide clarity on the regulatory pathways for stakeholders in the state.
While comprehensive empirical data on the actual collection and recycling
rates of plastic waste driven by EPR in Kerala is not explicitly available in the provided
snippets, the anticipation among recyclers for a significant increase in demand for recycled
plastic granules due to the upcoming 30% mandate30suggests a positive expected trend. A
table could be constructed to present the number of registered entities in Kerala, the
mandated recycling targets for beverage makers (30% in 2025, escalating to 60% by 2028-
29), and any obtainable data on the current and projected recycling capacity within the state. 31
Kerala's proactive regulatory environment and the active involvement of both
the SPCB and the High Court indicate a strong commitment to implementing EPR for plastic
waste. However, the reported lag in manufacturer registration and the state's reliance on
transferring waste to other regions raise concerns about the long-term sustainability and
overall effectiveness of the current strategies. A thorough assessment would require more

24
Annual Report 2019-20 on Implementation of Plastic Waste Management Rules, 2016, CENTRAL POLLUTION
CONTROL BOARD, DELHI, available at https://cpcb.nic.in/uploads/plasticwaste/Annual_Report_2019-
20_PWM.pdf (Last visited on March 16, 2025).
25
Kerala's waste strategies not sustainable, shifting environmental harm over addressing crisis: Report, DOWN
TO EARTH, available at https://www.downtoearth.org.in/waste/keralas-waste-strategies-not-sustainable-shifting-
environmental-harm-over-addressing-crisis-report (Last visited on March 16, 2025).
26
Id.
27
Kerala State Pollution Control Board, available at https://keralapcbonline.com/ (Last visited on March 16,
2025).
28
Single-use plastic ban: Kerala HC orders strict action against illegal manufacturers, sellers, available at
https://www.onmanorama.com/news/kerala/2025/03/15/single-use-plastic-ban-kerala-high-court-directions.html
(Last visited on March 16, 2025).
29
Kerala State Pollution Control Board, available at https://keralapcbonline.com/ (Last visited on March 16,
2025).
30
KSPCB to run audits to ensure 30 per cent plastic recycling policy from April 1, available at
https://www.newindianexpress.com/states/kerala/2025/Mar/06/kspcb-to-run-audits-to-ensure-30-per-cent-
plastic-recycling-policy-from-april-1 (Last visited on March 16, 2025).
31
Id.
detailed empirical data on the actual recycling rates achieved through EPR initiatives within
Kerala.

B. CASE STUDY 2: MAHARASHTRA - IMPLEMENTATION OF EPR FOR E-WASTE

MANAGEMENT

Maharashtra, particularly the Mumbai-Pune metropolitan region, stands as a

major generator of electronic waste in India. The state recognizes the significant
environmental and public health risks associated with the improper disposal of e-waste and
the consequent necessity for robust management practices. Extended Producer Responsibility
(EPR) for e-waste is mandatory in Maharashtra for a wide range of entities, including
importers, producers/manufacturers, and brand owners of electronic products.
The EPR registration process for e-waste in Maharashtra is overseen by the
Central Pollution Control Board (CPCB), and the Maharashtra State Pollution Control Board
(MPCB) serves as a key facilitator by providing essential information and resources on its
website. This includes comprehensive lists of authorized e-waste recyclers and dismantlers
operating within the state.32 The registration procedure involves an online application
submitted to the CPCB, accompanied by a detailed array of documents encompassing
business registration details, comprehensive product information, and thorough waste
management plans.33 The E-waste (Management) Rules stipulate progressive collection
targets for producers, with the aim of reaching 70% from the financial year 2022-23
onwards.34 The MPCB also mandates the regular submission of annual reports detailing the e-
waste management activities undertaken by various stakeholders within the state. 35
To visually represent the compliance pathway, a flowchart can be constructed
based on the documented steps for EPR registration in Maharashtra. 36 This flowchart would
illustrate the entire process, from the initial preparation of necessary documentation to the
final issuance of the EPR certificate by the CPCB, offering a clear guide for businesses
seeking to comply with e-waste EPR regulations in Maharashtra.
An empirical study table can be developed to present the e-waste collection
targets that have been set for Maharashtra over the past several years, as outlined in sources 45
and 45. While specific data on the actual e-waste collection and recycling rates achieved
within Maharashtra is not explicitly provided in these snippets, the annual reports published
by the MPCB37 likely contain this crucial information and should be consulted for a more
detailed analysis in the final report. The table could also include relevant data such as the
number of registered producers, recyclers, and dismantlers operating in Maharashtra.
Maharashtra has established a comprehensive regulatory framework for e-
waste EPR, characterized by mandatory registration and clearly defined collection targets.

32
E-Waste, MAHARASHTRA POLLUTION CONTROL BOARD, available at https://mpcb.gov.in/focus-area/reports-
documents/e-waste (Last visited on March 16, 2025).
33
EPR Registration in Maharashtra: Process, Documents and Fees, BIZFOC, available at https://bizfoc.com/epr-
registration/?maharashtra (Last visited on March 16, 2025).
34
E-Waste Compliance in Maharashtra: Challenges and Solutions, PROFESSIONAL UTILITIES, available at
https://www.professionalutilities.com/e-waste-compliance/maharashtra.php (Last visited on March 16, 2025).
35
Electronic Waste, MAHARASHTRA POLLUTION CONTROL BOARD, available at https://mpcb.gov.in/waste-
management/electronic-waste (Last visited on March 16, 2025).
36
EPR Registration in Maharashtra: Process, Documents and Fees, BIZFOC, available at https://bizfoc.com/epr-
registration/?maharashtra (Last visited on March 16, 2025).
37
E-Waste, MAHARASHTRA POLLUTION CONTROL BOARD, available at https://mpcb.gov.in/focus-area/reports-
documents/e-waste (Last visited on March 16, 2025).
The active role of the state-level authority (MPCB) in providing resources and requiring
regular reporting indicates a structured approach to e-waste management. However, a
thorough evaluation of the framework's effectiveness necessitates a closer examination of the
actual collection and recycling rates achieved in the state, as documented in the MPCB's
annual reports and potentially through on-the-ground studies. 38 This will help determine the
extent to which the established framework is translating into tangible environmental benefits.
The SWaCH Cooperative in Pune, India, operates a voluntary Extended
Producer Responsibility (EPR) system in partnership with ITC Ltd., a major producer of
multi-layered plastic (MLP). SWaCH, India’s first waste picker-owned cooperative,
collaborates with ITC to collect and recycle MLP, a low-value, difficult-to-recycle material
that is often excluded from informal waste management systems.39
Under this model, 1,000 waste pickers collect around 130 metric tonnes (MT)
of MLP per month, diverting it from landfills and incineration. Since MLP has low market
value and is financially unviable for waste pickers, ITC provides financial support (gap
funding) to cover operational costs, ensuring waste pickers receive compensation. Unlike
mandatory EPR policies, this initiative is voluntary, highlighting both the potential and
challenges of industry-led waste management systems.
Despite its successes, the system faces several obstacles. There are few
recyclers willing to process MLP, and financial returns are often too low to sustain collection.
ITC’s financial reimbursements are delayed and unpredictable, making operations
challenging for SWaCH. Additionally, the system is transport-intensive, increasing its carbon
footprint. The COVID-19 pandemic further disrupted collection and processing, delaying
payments and limiting recycling opportunities.

The case study emphasizes the importance of integrating waste pickers into
formal EPR frameworks. It warns that corporate-led EPR models may sideline informal
recyclers, concentrating benefits within large organizations rather than those who already
38
Id.
39
Id.
manage most of India’s waste. A more inclusive, mandatory EPR system is needed—one that
ensures stable funding, local recycling infrastructure, and full participation of waste pickers.

C. CASE STUDY 3: TAMIL NADU - IMPLEMENTATION OF EPR FOR BATTERY

WASTE MANAGEMENT

Battery waste, originating from a variety of sources including portable

electronic devices, automobiles, industrial applications, and electric vehicles, presents
significant environmental and health hazards due to its composition of hazardous materials.
Recognizing this, the Battery Waste Management Rules, 2022, were introduced, superseding
earlier regulations to ensure the safe handling and sustainable processing of all categories of
waste batteries.
The Tamil Nadu Pollution Control Board (TNPCB) has taken a proactive step
by publishing a detailed handbook on the EPR guidelines for battery waste management. This
resource is designed to assist producers, recyclers, and refurbishers in thoroughly
understanding and effectively complying with the stipulations of the Battery Waste
Management Rules, 2022.40 The registration process for producers is facilitated through the
Central Pollution Control Board's (CPCB) centralized online portal. In contrast, recyclers and
refurbishers are required to register with the TNPCB via the same national portal 50. The EPR
targets established for producers are specifically tailored to the type of battery they handle,
with progressively increasing collection and recycling/refurbishment targets set for each

40
EPR battery waste v9 copy, TAMIL NADU POLLUTION CONTROL BOARD, available at
https://tnpcb.gov.in/pdf_2024/EPRBatteryWaste6225.pdf (Last visited on March 16, 2025).
financial year, as detailed in. The TNPCB's handbook on EPR for battery waste management
likely includes comprehensive flowcharts that illustrate the step-by-step procedures for
registration of both producers and recyclers/refurbishers in accordance with the Battery Waste
Management Rules, 2022.41 These visual aids are essential for providing stakeholders with a
clear understanding of the compliance pathways within the state.
An empirical study table can be developed to present the national EPR targets
for various battery types across different financial years, as specified in. 42 However, specific
data on the actual collection and recycling/refurbishment rates achieved within Tamil Nadu in
relation to these targets is not readily available in the provided snippets. Consulting the
TNPCB's reports and other relevant state-specific publications would be necessary to obtain
this crucial data for a more comprehensive analysis of the effectiveness of EPR
implementation for battery waste in Tamil Nadu.
Tamil Nadu has established a well-defined regulatory framework for battery
waste management under the Extended Producer Responsibility principle, providing detailed
guidelines and outlining specific targets for producers. The availability of a dedicated
handbook and clear registration processes indicates a structured approach by the state's
pollution control board. However, a thorough evaluation of the actual impact of this
framework on battery waste management within Tamil Nadu requires access to state-specific
empirical data on collection and recycling/refurbishment rates to determine the extent to
which the set targets are being met and the environmental objectives are being achieved.

D. CASE STUDY 4: GUJARAT - A COMPREHENSIVE APPROACH TO EPR FOR

PLASTIC WASTE

Gujarat stands as a significant contributor to the overall plastic waste

generation in India, accounting for a notable percentage of the nation's total plastic waste. 43
The state boasts a robust industrial and manufacturing sector, which includes a substantial
number of Micro, Small, and Medium Enterprises (MSMEs) actively involved in the
production of plastics.44 In terms of waste management infrastructure, Gujarat has achieved
100% door-to-door collection of waste in its major urban centers and possesses a
considerable capacity for processing the collected waste.45
The Gujarat Pollution Control Board (GPCB) plays a proactive role in
overseeing the management of plastic waste and the implementation of Extended Producer
Responsibility (EPR) within the state. The GPCB is actively involved in monitoring the
activities of recyclers and participates in the issuance of certifications for plastic credits under

41
Id.
42
Id.
43
Towards a Circular Plastics Economy: India's Actions to #BeatPlasticPollution, TERI, available at
https://www.teriin.org/article/towards-circular-plastics-economy-indias-actions-beatplasticpollution (Last visited
on March 16, 2025).
44
Summary of Plastic Waste Management Strategy for Gujarat, INOPOL, available at
https://www.niva.no/prosjekter/inopol/fase-1/_/attachment/inline/041c18f8-5050-4839-a834-
4749c34fcc0c:506b8431e0200c68b8df4294c9a4191534e3c877/PWM_Summary.pdf (Last visited on March 16,
2025).
45
Quarterly Report By Gujarat Spcb In Oa No. 606 Of 2018 (Compliance Of Solid Waste Management Rules,
2016), NATIONAL GREEN TRIBUNAL, available at
https://greentribunal.gov.in/sites/default/files/news_updates/QUARTERLY%20REPORT%20BY%20GUJARAT
%20SPCB%20IN%20OA%20NO.%20606%20of%202018%20(COMPLIANCE%20OF%20SOLID
%20WASTE%20MANAGEMENT%20RULES,%202016).pdf (Last visited on March 16, 2025).
the EPR framework.46 Furthermore, extensive research has been conducted in the river basins
of Tapi and Daman Ganga, providing valuable empirical data on the prevalence and types of
plastic pollution affecting the state's riverine ecosystems 54. Notably, Gujarat was among the
early adopters in India of proactive environmental management strategies, having established
common treatment, storage, and disposal facilities (TSDFs) for industrial waste, indicating a
history of addressing environmental challenges 56.
To illustrate the scale of plastic waste generation in Gujarat, data from 2019-
20, indicating approximately 4,08,201.08 tonnes per annum (TPA), can be presented in
graphical form.47 However, while the GPCB's involvement in EPR mechanisms like plastic
credits is noted, specific empirical data detailing the actual impact of EPR on plastic waste
collection and recycling rates within Gujarat is limited in the provided snippets. Obtaining
further information from GPCB reports would be beneficial to include a table that outlines
key EPR compliance metrics for the state.
As a major generator of plastic waste with a significant industrial base,
Gujarat presents a critical case study for understanding the intricacies of implementing EPR
for plastic waste on a large scale.

E. CASE STUDY 5 BANGALORE – A CASE STUDY ON HASIRU DALA

Bangalore, the third most populated city in India, has developed an innovative
approach for the implementation of Extended Producer Responsibility (EPR) system in waste
management. A key player in this initiative is Hasiru Dala, a social enterprise established in
2010 that operates as a member-based cooperative in Bengaluru. 48 Translating to "Green
Force" in Kannada, this organization integrates more than 10,000 informal waste pickers in
Bengaluru into formal waste management systems while providing them with social security
benefits such as occupational ID cards, educational advantages, and sustainable income
opportunities.49 As a result, this organization has created a safety net for the at-risk
community while extending a pioneering strategy for companies to deal with their EPR
obligations.
Hasiru Dala partners with the Bengaluru Municipal Corporation-Bruhat
Bengaluru Mahanagara Palike and other pertinent stakeholders to improve efficiency in waste
management at the source.50 The organization's EPR strategy operates through collaborative
partnerships with enterprises and brands that are legally required to manage their plastic
waste under India's waste management regulations.51
A key component of Hasiru Dala’s model is its emphasis on the importance of
source segregation of waste at the household level. Further, it collaborates with bulk waste
46
Enabling A Circular Economy Framework For The State Of Uttar Pradesh, GIZ, available at
https://www.giz.de/en/downloads_els/Pathways%20for%20Preventing%20Riverine%20and%20Marine
%20Litter.pdf (Last visited on March 16, 2025).
47
Annual Report 2019-20 on Implementation of Plastic Waste Management Rules, 2016, CENTRAL POLLUTION
CONTROL BOARD, DELHI, available at https://cpcb.nic.in/uploads/plasticwaste/Annual_Report_2019-
20_PWM.pdf (Last visited on March 16, 2025).
48
I. Fathima, Waste Pickers: Silent Heroes of Sustainability, BANGALORE MIRROR, October 28, 2023, available
at https://bangaloremirror.indiatimes.com/bangnualore/civic/waste-pickers-silent-heroes-of-sustainability/
articleshow/104764911.cms (Last visited on March 10, 2025).
49
HASIRU DALA, Celebrating a decade of Hasiru Dala, available at: https://hasirudala.in/10-years-of-hasiru-
dala/ (Last visited on March 10, 2025).
50
Fathima, supra note 3.
51
HASIRU DALA, What is the mainstream waste system?, available at: https://hasirudala.in/about/waste-system/
(Last visited on March 10, 2025).
generators such as malls, hotels, IT parks, and housing complexes to manage their plastic
waste footprint and ensure legal compliance. The organization makes these bulk trash
generators undertake a comprehensive assessment of their waste impact, quantifying the
volume and categories of packaging materials they release into the market. 52 Additionally, the
organization establishes strategic collection targets for the companies based on this
assessment in order to fulfill their EPR obligations. In turn, the corporations contribute to
covering operational and administrative expenses and ensuring that waste pickers receive
equitable compensation for the materials gathered, with brands financing both the material
value and the price of collection services.53
The organization's vast and intricate system of garbage pickers utilizes a
dispersed approach to collect and process plastic waste at local Dry Waste Collection Centres
(DWCCs).54 From DWCC, the waste is subsequently transported to Material Recovery
Facilities (MRF), where skilled waste collectors categorize the plastic waste into nearly seven
distinct classifications according to their Resin Identification Code and physical
characteristics, such as Low-Density Polyethylene (plastic bags, food wraps) or High-Density
Polyethylene (shampoo bottles, milk jugs, detergent containers), among others. 55 Moreover,
the organization has pioneered digital traceability as there is a proper data tracking
mechanism in order to ensure that each company can trace its plastic waste recovery starting
from collection points to recycling facilities. 56 The waste is eventually dispatched to recycling
facilities, and the companies receive legal documentation, including Plastic Waste Processing
Certificates and annual reports, for submission to the Central Pollution Control Board
(CPCB) and the Karnataka State Pollution Control Board (KSPCB).57
This system has created a profound impact on the plastic waste management
scenario in Bengaluru as it demonstrates a community tailored system rather than an entirely
new system that may displace established informal operations. Hasiru Dala’s model shares
valuable learnings for implementing inclusive EPR frameworks in India. While erratic
enforcement of regulations and intricate power structures between contractors, municipal
authorities and informal sector workers serve as an impediment to broader implementation,
Hasiru Dala’s model is vital in addressing both environmental and social dimensions of waste
challenges in Bangalore.58

VI. POLICY FRAMEWORK FOR EPR: CHALLENGES, GAPS, AND WAY

FORWARD

The synthesis of findings from the analysis of case laws and the state-wise
studies reveals several overarching themes concerning the implementation of Extended
Producer Responsibility (EPR) in India. Case laws highlight persistent issues with the
enforcement of regulations at the local level, the need for better integration of the informal
52
Id.
53
Adithya Kumar, Solid Waste Management: Insights From Bangalore And National Extrapolation, INDIA
FELLOW, available at: https://indiafellow.org/blog/all-posts/solid-waste-management-insights-from-bangalore-
and-national-extrapolation/ (Last visited on March 10, 2025).
54
HASIRU DALA, Extended Producer Responsibility, available at: https://hasirudalainnovations.com/epr (Last
visited on March 10, 2025).
55
Id.
56
Id.
57
Id.
58
Nalini Shekar, Empowering Bengaluru's waste pickers, SAAMUHIKA SHAKTI, June 2024, available at:
https://www.saamuhikashakti.org/post/empowering-bengalurus-waste-pickers (Last visited on March 10, 2025).
sector, and a lack of clarity regarding the responsibilities of various stakeholders.
Furthermore, the legal framework appears to have gaps in addressing specific scenarios such
as producer insolvency. The state-wise studies indicate a varied landscape of EPR
implementation across different states and waste streams, with some states demonstrating
proactive engagement while others face significant challenges in meeting targets and ensuring
comprehensive compliance.
Several key challenges and gaps in the national EPR framework have been
identified. A significant hurdle is the lack of sufficient awareness among businesses,
particularly Small and Medium-sized Enterprises (SMEs), regarding their obligations and the
processes involved in EPR compliance.59 This is compounded by inadequate infrastructure
for the effective collection, sorting, treatment, and recycling of diverse waste streams across
the country, which hinders the practical implementation of EPR schemes. The complexity of
the EPR approval process itself can be a major deterrent, especially for smaller enterprises
lacking dedicated resources or expertise to navigate the regulatory requirements. 60
Additionally, the high costs associated with establishing and operating comprehensive
recycling systems pose a financial challenge for many businesses, potentially leading to non-
compliance.61 The difficulty in establishing robust traceability systems to monitor the
lifecycle of products and the flow of waste also undermines the effectiveness of EPR by
making it challenging to track compliance and prevent fraudulent activities. 62 The current
regulatory framework also exhibits several gaps. Notably, there is a lack of mandatory reuse
and refill targets, especially for materials like glass, which could significantly contribute to
waste reduction. Drawing lessons from international best practices in EPR policy offers
valuable insights for strengthening the Indian framework. Successful EPR systems globally
often feature clearly defined and ambitious recycling targets that are regularly reviewed
and updated to drive continuous improvement.63 The establishment of industry-owned and
operated Producer Responsibility Organizations (PROs) with a strong public service
mission can enhance the efficiency, transparency, and accountability of EPR programs. 64
Implementing eco-modulation of fees, where producers of more sustainable and easily
recyclable products pay lower EPR fees, provides a direct economic incentive for better
product design. Many effective EPR schemes also include mandatory take-back systems
and ensure convenient and free collection opportunities for consumers, making it easier for
them to participate in recycling efforts. In developing countries, the formal recognition and
integration of the informal waste sector, with clearly defined rights and obligations, has
been a key factor in the success of EPR programs. 65 The use of deposit-refund systems for
59
What are the Challenges in E-Waste Management and How EPR Consultants Solve it?, available at
https://vocal.media/serve/what-are-the-challenges-in-e-waste-management-and-how-epr-consultants-solve-it
(Last visited on March 16, 2025).
60
Gujarat HC calls report on non-compliance of Plastic Waste, SCCONLINE, available at
https://www.scconline.com/blog/post/2024/09/26/gujarat-hc-call-report-non-compliance-plastic-waste-
management-rules-legal-news/ (Last visited on March 16, 2025).
61
What are the Challenges in E-Waste Management and How EPR Consultants Solve it?, available at
https://vocal.media/serve/what-are-the-challenges-in-e-waste-management-and-how-epr-consultants-solve-it
(Last visited on March 16, 2025).
62
Id.
63
Extended Producer Responsibility: A Critical Component for the Global Plastics Pollution Treaty, UNSW
CENTRE FOR SUSTAINABLE DEVELOPMENT REFORM, available at
https://www.sustainabledevelopmentreform.org/extended-producer-responsibility-a-critical-component-for-the-
global-plastics-pollution-treaty/ (Last visited on March 16, 2025).
64
Extended Producer Responsibility, SPC'S GUIDE, available at https://epr.sustainablepackaging.org/ (Last
visited on March 16, 2025).
65
Extended Producer Responsibility in India, SAAHAS ZERO WASTE, available at
https://saahaszerowaste.com/extended-producer-responsibility-3/ (Last visited on March 16, 2025).
specific high-volume or frequently littered items, such as beverage containers, has proven
highly effective in increasing collection and recycling rates 53. Ensuring transparency and
public accountability through regular reporting of performance metrics and independent
third-party audits is crucial for building trust among stakeholders and guaranteeing the
effectiveness of EPR programs.66 Finally, harmonization of EPR policies across different
jurisdictions can significantly reduce the compliance burden for businesses operating in
multiple regions, fostering a more level playing field and encouraging broader participation. 67
To drive behavioral change and promote sustainable practices, the framework
should implement financial incentives and disincentives for compliance, such as a well-
designed eco-modulation system for EPR fees that rewards producers for environmentally
friendly product design and penalizes those who do not meet the required standards. Stricter
penalties for non-compliance should also be enforced, and financial incentives could be
explored for companies that exceed their recycling targets. Finally, the policy framework
should actively promote circular economy principles through EPR by incorporating
mandatory reuse and refill targets for appropriate product categories, encouraging the
development of necessary infrastructure for reuse systems, and supporting business models
that prioritize product durability, repairability, and remanufacturing, moving beyond a
primary focus on just recycling.

VII. CONCLUSION

The research offered in this study highlights the crucial significance of

Extended Producer Responsibility (EPR) as a policy tool in tackling India's expanding waste
management concerns and in supporting a transition towards a circular economy. The legal
and regulatory framework for EPR in India has expanded dramatically, currently embracing
key waste streams such as plastic, e-waste, and battery trash. However, the empirical research
of case legislation indicates persisting challenges linked to enforcement, stakeholder
coordination, and the incorporation of the informal sector. State-wise case studies further
show the diverse degrees of implementation and the particular problems encountered by
different states in accomplishing the goals of EPR.
To develop a more effective EPR system in India, it is important to address the
highlighted gaps and problems via focused policy actions. Drawing lessons from international
best practices, a strengthened policy framework should prioritize clearer definitions, robust
monitoring, effective stakeholder integration, financial incentives for sustainable practices,
and a strong emphasis on circular economy principles that go beyond just recycling to include
reuse and reduction.
By establishing a comprehensive and well-enforced EPR framework, India
may drastically minimize its environmental impact, preserve important resources, and get
closer to fulfilling the Sustainable Development Goals relating to responsible consumption
and production and the management of waste. This demands a coordinated effort by
politicians, regulatory authorities, producers, consumers, and the informal sector, working
jointly towards a more sustainable and ecologically responsible future for India.

66
Extended Producer Responsibility: A Critical Component for the Global Plastics Pollution Treaty, UNSW
CENTRE FOR SUSTAINABLE DEVELOPMENT REFORM, available at
https://www.sustainabledevelopmentreform.org/extended-producer-responsibility-a-critical-component-for-the-
global-plastics-pollution-treaty/ (Last visited on March 16, 2025).
67
Adam Hoffer & Jacob Rosin, Extended Producer Responsibility (EPR) Policies, TAX FOUNDATION, available
at https://taxfoundation.org/research/all/state/extended-producer-responsibility-epr/ (Last visited on March 16,
2025).