CFL manufacturers ought not to be forced to collect discarded bulbs: HC

The Delhi High Court on Monday said popular compact fluorescent lamp (CFL) manufacturers should be allowed to go ahead with their production and not be forced to collect the discarded bulbs as mandated under the Centre's e-waste management rules of 2016.

A bench of Chief Justice D N Patel and Justice C Hari Shankar said instead of forcing the manufacturers like Philips Lighting, Havells and Surya, to collect the e-waste, the government should take money from these companies under their corporate social responsibility (CSR) and use it for collection of the discarded bulbs.

"Why are you asking the (CFL) manufacturers to collect e-waste? Then why not ask plastic bottle manufacturers to collect the bottles? Why not collect money from manufacturers under their CSR initiative and use that for collecting e-waste? If manufacturer will collect waste, their production will go waste. Let the manufacturer continue with the production of quality products," the court said and listed the matter for further hearing in March next year.

The court was hearing a plea by CFL producers -- Philips Lighting, Havells and Surya -- and the Electric Lamp and Component Manufacturers Association challenging the e-waste rules, notified on March 23, 2016, which makes them responsible for collection of fluorescent and mercury containing bulbs at their 'end-of-life'.

Under the rules, the CFL manufacturers have to apply for the Extended Producer Responsibility (EPR) - Authorisation, to place their products in the market, and to do so they have to show their plan for collecting the discarded bulbs.

The high court had in September 2017 directed the manufacturers to apply to the Central Pollution Control Board (CPCB) for authorisation, but said participation in the process would not prejudice them.

It had asked the CPCB not to reject any of the applications seeking authorisation.