Delhi HC refuses to stay e-waste management rules for CFL manufacturers

The Delhi High Court on Wednesday refused to stay the applicability of the E-Waste (Management) Rules-2016 on manufacturers of compact fluorescent lamps (CFLs).

A Bench passed the order on an application filed by the Electric Lamp & Component Manufacturers Association of India, seeking exemption from the applicability of the 2016 rules, expected to come into force on October 1.

Wednesday’s order refused the association’s plea and, instead, directed the CFL manufacturers to file appropriate requests with the Central Pollution Control Board for processing of their extended producer responsibility plans, as laid down by the 2016 Rules, within three months.

The court also ordered the authorities concerned not to take any coercive action, including the cancellation or refusal to grant renewal of licences of lamp manufacturers, during the time-period as allowed.

The 2016 Rules require CFL manufacturers to dispose of fluorescent and other mercury containing lamps at their end-of-life period, after collecting these from consumers.

Senior advocate P Chidambaram, representing the lamp manufacturers association (comprised of companies such as Surya, Philips, Havells India and Bajaj Electricals), had earlier submitted that the 2016 Rules were arbitrary in nature and impossible to comply with, as these would require the manufacturers to go door-to-door to collect the lamps.
 

The Centre had opposed the association’s arguments by highlighting the fact that the manufacturers were complying with similar provisions in Europe and other countries, but were unwilling to comply with these requirements in India.