If you are stuck in such a situation, here is what to do.

In the city of Navgarh, residents of the Anand Vihar locality were facing a severe health crisis. The “Navgarh General Hospital,” a prominent government-run facility, had been irresponsibly dumping its unsegregated waste, including hazardous bio-medical materials like used gloves, syringes, and contaminated cotton, in an open plot of land bordering their community. Mr. Rohan Mehra, a local school teacher, noticed the mounting garbage and the unbearable stench, which posed a significant risk to the children playing in the area. Concerned for the well-being of his community, he sought to understand who could be held accountable for this blatant violation of environmental and public health norms.

Advice in such cases

When a government entity is responsible for such negligence, it can seem daunting to take action. However, the law provides several avenues for citizens to hold such institutions accountable. The key is to act systematically and gather proper evidence.

• Document everything meticulously with dates, times, and specific details.
• Approach the relevant regulatory bodies before directly moving to court.
• Unite with other affected residents to strengthen your case and share resources.
• Understand the specific laws that are being violated to frame your complaint effectively.

Applicable Sections of Law

Several laws can be invoked in a situation involving the improper disposal of waste by a hospital:

• The Environment (Protection) Act, 1986: This is the primary legislation for environmental protection in India. The act empowers the central government to take all necessary measures to protect and improve the environment.
• The Bio-Medical Waste Management Rules, 2016: These rules, framed under the Environment (Protection) Act, lay down specific duties for healthcare facilities regarding the segregation, collection, treatment, and disposal of bio-medical waste. Non-compliance is a punishable offence.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 290 of the BNS deals with public nuisance. Dumping hazardous waste in a public area, which causes danger or annoyance to the public, squarely falls under this provision.
• The Constitution of India: A writ petition can be filed in the High Court under Article 226 or the Supreme Court under Article 32. The right to a clean and healthy environment is considered an integral part of the Right to Life under Article 21. A Public Interest Litigation (PIL) is a powerful tool in such cases.

If you are the complainant

As a complainant, you are initiating the legal process to stop the illegal activity. The case should be filed against the administrative head of the hospital (e.g., the Medical Superintendent or Chief Medical Officer) and potentially the State’s Department of Health and Family Welfare, as it is the overseeing body.

• Gather Evidence: Take clear photographs and videos of the waste dumping. Record dates and times. If possible, get statements from other residents who have witnessed this.
• File a Complaint with the State Pollution Control Board (SPCB): The SPCB is the designated authority to enforce environmental laws. Submit a written complaint with all your evidence.
• Approach the Municipal Corporation: The local civic body is also responsible for sanitation and public health. File a complaint with the Health Officer or the Municipal Commissioner.
• File a Police Complaint: You can file a complaint at the local police station under Section 290 of the BNS for causing a public nuisance.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• File a PIL: If administrative authorities fail to act, a lawyer can help you file a Public Interest Litigation (PIL) in the High Court, seeking directions to the hospital and the government to cease the illegal dumping and take remedial action.

If you are the victim

If you or your family members have suffered directly due to the waste dumping, such as contracting infections or if your property value has been affected, your position is that of a victim.

• Document Harm: Keep records of any medical treatments required due to illnesses that can be linked to the hazardous waste. Note any expenses incurred.
• Join Forces: Collaborate with other affected residents. A collective complaint or legal action carries more weight and demonstrates the widespread impact of the nuisance.
• Seek Compensation: Apart from stopping the dumping, you can also seek compensation for the damages suffered. This can be pursued through a civil suit or as part of the directions sought in a writ petition.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Initially, the police may be hesitant to register a First Information Report (FIR), especially against a government hospital. They might direct you to the State Pollution Control Board or the Municipal Corporation, stating that it is a matter for the civic or environmental authorities. However, you should insist on filing a complaint under the BNS for public nuisance, as it is a cognizable offence. If they refuse, you can send a written complaint to the Superintendent of Police (SP) and, if no action is taken, file an application before the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking a direction for the police to register the FIR.

FAQs people normally have

Against whom exactly should the case be filed?
The case should name the hospital, represented by its highest-ranking official on-site (e.g., Medical Superintendent), the State Department of Health, and the State Pollution Control Board as respondents for failing in their respective duties.

Can I remain anonymous?
While you can report the matter to authorities anonymously, filing a formal court case requires you to be a petitioner. However, in a PIL, the court’s focus is on the public issue rather than the individual petitioner.

Will I have to pay for the cleanup?
No. The legal action would seek a court order directing the responsible parties (the hospital and the government) to clean up the site at their own expense under the “polluter pays” principle.

What evidence is required?

Strong evidence is crucial for a successful outcome. You should collect:

• Dated photographs and videos showing the waste, the location, and, if possible, the act of dumping.
• Testimonies from multiple residents or witnesses.
• Copies of all written complaints filed with the SPCB, Municipal Corporation, and the police.
• Any medical reports of people who fell ill due to the unsanitary conditions.
• Water or soil test reports from a private lab, if you can afford them, to show contamination.

How long will the investigation take?

The duration of the investigation and legal process can vary significantly. An investigation by the SPCB might take a few weeks to a few months. A police investigation also has a similar timeline. However, a court case, especially a PIL, can sometimes yield quick interim orders from the High Court, directing the authorities to stop the dumping immediately while the case proceeds. The final resolution of the case can take a longer time, often spanning several months or even years.

Advocate Sudhir Rao, Supreme Court of India