E-WASTE AND ITS MANAGEMENT: A LEGAL AND ENVIRONMENTAL PERSPECTIVE

This article was authored by Ishan Mishra, during the internship with Le-Droit who’s a final year B.A. L.L.B (H) student at K.R. MANGALAM UNIVERSITY.

INTRODUCTION

E-waste precisely known as Electronic Waste, is a term referring to the discarding of electrical or electronic devices. With the rapid advancement of technology, shorter product lifecycles, and the increasing demand of consumers, the E-Waste generation has surged at a global level, which raises concerns about its impact on the environment as well as health. It’s essential to properly manage E-Waste just to mitigate hazardous waste disposal & promote sustainability. The E-Waste contains hazardous substances like Lead, Mercury, Cadmium & Brominated Flame retardants, which in case aren’t disposed of properly, can leach into the soil, air & water, causing severe environmental degradation. Prolonged exposure to such toxic substances could lead to neurological disorders, respiratory issues, along with other health hazards. Thus it’s essential to manage E-Waste to mitigate these risks, ensuring a sustainable future through responsibly recycling, re-using & disposing practices.

Keywords: E-Waste, Sustainability, Hazardous Waste Disposal, Environmental Impact, E-Waste Management, Recycling & Re-use

Understanding E-Waste

• Definition and Scope of E-Waste: E-waste which is also known as WEEE or EEE (Waste Electrical and Electronic Equipment) & (electrical and electronic equipment) respectively, more technically, shortly, can be defined as “any discarded product having a battery and or plug containing hazardous substances, and can pose a severe risk to human health and the environment”. Straightforwardly denoting the devices that are no longer functioning or desired, encompassing a broad range of products from household appliances to industrial machinery. Given the toxic materials present in the e-waste, these improperly being disposed of can cause severe hazards relating to the health & environment. Recognizing this growing concern, some international regulations were introduced to control the movement and the disposal of hazardous waste with one of them being:
• Basil Convention: E-waste has been hazardous or non-hazardous waste under this convention which is a convention of Transboundary Movements of Hazardous Wastes and their disposal as an international treaty adopted in 1989 under the United Nations Environment Program (UNEP). It aims to regulate the cross-border movement of hazardous waste, including e-waste, to prevent environmental harm, particularly in developing nations. This convention plays a crucial role in addressing such an issue by restricting the export of hazardous waste from developed to developing countries, further ensuring environmentally sound waste management & promoting global cooperation on the recycling of E-waste. This convention was adopted in the year 1989 & came into force in 1992, signed by over 180 countries. This convention intends to:
• Recognize e-waste as hazardous waste due to its toxic components like lead, mercury, and cadmium.
• Restrict the export of hazardous e-waste from developed to developing nations without proper consent.
• Promote environmentally sound waste management by encouraging recycling, safe disposal, and reduction of hazardous substances in electronics.

• Common Sources of E-Waste have been broadly categorized as:
• Household Electronics:  Comprising cellular Phones, laptops, refrigerators, smart watches, washing machines, air conditioners, headphones, televisions, printers, etc.
• Industrial Equipment: Consisting of robotics, control panels, and sensors.
• Commercial IT Infrastructure: These comprise servers, hard drives, SSD, modems, etc.
• Composition of E-Waste: Valuable vs. Hazardous Materials
• Valuable Materials in E-Waste: Certain metals and components in electronic devices hold economic value and can be recovered through recycling:
• Precious Metals – Gold, silver, platinum, and palladium are used in circuit boards and connectors.
• Copper & Aluminum – Found in wiring, heat sinks, and electronic casings.
• Rare Earth Elements (REEs) – Used in smartphones, LED screens, and batteries (e.g., neodymium, yttrium, and terbium).
• Plastic & Glass – Used in screens, casings, and insulation; some can be recycled into new products.
• Hazardous Materials in E-Waste: Many electronic components contain toxic substances that pose environmental and health risks:
• Heavy Metals – Lead (in CRT monitors), cadmium (in batteries), mercury (in switches and lamps), and arsenic (in microchips).
• Flame Retardants – Brominated flame retardants (BFRs) used in plastic casings and circuit boards are harmful if burned.
• Battery Chemicals – Lithium-ion batteries contain lithium, cobalt, and nickel, which can cause soil and water contamination if disposed of improperly
• Chlorinated Compounds – Found in PCBs (polychlorinated biphenyls), which are carcinogenic and persist in the environment.

The Global Scenario of E-Waste

• Statistics on Global E-Waste Generation: The generation of E-waste globally is rising at an alarming rate. As per the Global E-waste Monitor 2024, the rise was five times faster than the documented E-waste recycling which approximately means 53.6 million metric tons of E-waste were generated in 2019-20 along with the expectation that this no. is set to surpass 75 million metric tons by 2030 due to the increased digitalization and the demand of the consumer for new gadgets.
• Countries Producing the Most E-Waste: As of 2024 the countries are:
• China – 10.1 million metric tons (16% recycling rate)
• United States – 6.9 million metric tons (15% recycling rate)
• India – 3.2 million metric tons (1% recycling rate)
• Japan – 2.5 million metric tons (22% recycling rate)
• Brazil – 2.1 million metric tons (almost no official recycling)
• Russia – 1.6 million metric tons (6% recycling rate)
• Indonesia – 1.6 million metric tons (unknown recycling rate)
• Germany – 1.6 million metric tons (52% recycling rate)
• United Kingdom – 1.5 million metric tons (57% recycling rate)
• France – 1.3 million metric tons (56% recycling rate)
• The Role of Developing vs. Developed Nations in E-Waste Generation
• Developed Countries (Global North): These nations generate bulks of e-waste due to high consumerism and rapid technological turnover. However, they also have better recycling infrastructure. For example, Germany, the UK, and France have strong e-waste recycling policies, with recycling rates exceeding 50%. The European Union (EU) further enforces strict e-waste management laws to ensure safe disposal and material recovery.
• Developing Countries (Global South): While these are nations producing less e-waste per capita, thus they suffer the worst consequences. Countries like India, Brazil, and Indonesia have low recycling rates, and much of their e-waste is processed informally, leading to severe environmental pollution and health risks. Additionally, many developed countries illegally export e-waste to developing nations under the guise of “used electronics,” exacerbating the crisis.

Environmental & Health Impacts of E-Waste

• Environmental Contamination Due to E-Waste:
• Air Pollution: Many of the e-waste components, including plastic casings, circuit boards, and wires, are often burned in informal recycling sites, releasing toxic fumes such as:
• Dioxins and furans – Persistent organic pollutants (POPs) that cause respiratory and immune system damage.
• Heavy metals (lead, mercury, cadmium, and arsenic) – Released into the air when devices are dismantled or burned, leading to long-term air pollution.
• Brominated flame retardants (BFRs) – Common in circuit boards and plastics, affecting air quality and causing neurotoxic effects when inhaled.
• Water Contamination: When e-waste is dumped in landfills, rainwater leaches heavy metals and toxic chemicals into groundwater and nearby water bodies. Key pollutants include:
• Lead (Pb) – This is found in CRT monitors and batteries, affecting brain development and kidney function.
• Mercury (Hg) – This is used in fluorescent lamps and LCD screens, contaminating rivers and oceans, where it bio-accumulates in fish and marine life.
• Polychlorinated biphenyls (PCBs) – Toxic chemicals found in capacitors that persist in water and affect aquatic ecosystems.
• Soil Contamination: E-waste landfills lead to long-term soil degradation due to the leaching of arsenic, cadmium, and lithium. These toxic elements:
• Reduce soil fertility, making land unsuitable for agriculture.
• Enter the food chain through crops grown in contaminated soil, leading to toxic metal accumulation in humans.
• Persist for decades, affecting biodiversity and reducing soil microorganism populations.
• Human Health Risks Due to Toxic Exposure: People living near e-waste dumps or working in informal recycling sectors face severe health hazards due to direct contact with toxic substances which are:
• Neurological Damage – Lead, mercury, and cadmium impair brain development, especially in children, causing learning disabilities and memory loss.
• Respiratory Issues – Inhalation of toxic e-waste fumes leads to chronic bronchitis, asthma, and lung cancer.
• Cancer Risks – BFRs and dioxins, present in plastics and circuit boards, are known carcinogens. Long-term exposure increases the risk of leukemia, lung, and liver cancer.
• Reproductive Disorders – Cadmium and lead exposure disrupts hormonal balance, leading to infertility, birth defects, and miscarriage.
• Impact on Wildlife and Ecosystems
• Marine Life – Heavy metal contamination from e-waste affects fish, shellfish, and aquatic birds, leading to bioaccumulation of toxins in the food chain. Mercury poisoning in marine life can result in neurological disorders in predators such as dolphins and seabirds.
• Terrestrial Animals – Cattle and other grazing animals often consume plants grown in contaminated soil, leading to toxic accumulation in milk and meat products, which then impact humans.
• Deforestation & Habitat Loss – E-waste dumping contributes to land degradation and deforestation, reducing habitats for native species and disrupting local ecosystems.

Methods of E-Waste Management

Efficient waste management is very crucial to minimize the hazards to health as well as the environment. The R’s approach helps in managing electronic waste sustainably.

Ø  Reduce: Promoting Sustainable Consumption & Extending Product Life

• Designing durable products – Encouraging manufacturers to create modular, repairable, and upgradable electronics reduces frequent disposal.
• Consumer awareness – Educating users about sustainable consumption habits, such as buying energy-efficient devices and avoiding unnecessary upgrades.
• Extended producer responsibility (EPR) – Policies that hold manufacturers accountable for the entire life cycle of their products, promoting eco-friendly designs.
• Right to repair – Supporting legislation that allows consumers to repair their devices instead of replacing them, reducing e-waste.

Ø  Reuse: Refurbishing & Second-Hand Markets

• Refurbishing old devices – Many electronic gadgets can be repaired and resold, especially laptops, smartphones, and tablets.
• Second-hand electronics market – Encouraging the resale of working electronics through official refurbishing programs and certified vendors.
• Donation programs – Working electronic devices can be donated to schools, NGOs, and low-income communitiesinstead of being discarded.

Ø  Recycle: E-Waste Collection Centers & Urban Mining

• E-waste collection centers – Dedicated centers where consumers can drop off old electronics for safe recycling. Many governments and private organizations operate such facilities.
• Urban mining – The process of extracting precious metals like gold, silver, and palladium from discarded electronics, reducing the need for raw material mining.
• Eco-friendly recycling methods – Advanced technologies such as hydrometallurgical and bioleaching techniques are used to recover valuable materials with minimal environmental impact.

Ø  Responsible Disposal: Safe Methods of Disposing of Non-Recyclable E-Waste

• Landfill restrictions – Hazardous e-waste should not be dumped in regular landfills; instead, it should be sent to designated hazardous waste disposal sites.
• E-waste incineration with emission controls – Some non-recyclable e-waste is burned in waste-to-energy plants with proper pollution control measures.
• Manufacturers’ take-back programs – Companies like Samsung, Apple, and Sony have taken-back policies where customers can return old devices for safe disposal or recycling.
• Government regulations – Policies such as the Basel Convention regulate transboundary movements of hazardous e-waste, preventing illegal dumping in developing countries.

Role of Key Stakeholders in E-Waste Management

• Governments – Play a crucial role in policy-making, regulation enforcement, and providing incentives for sustainable e-waste management. Governments implement laws like EPR (Extended Producer Responsibility), landfill bans, and recycling subsidies to ensure proper disposal and recycling of e-waste.
• Manufacturers – Under Extended Producer Responsibility (EPR), manufacturers are required to take back and recycle electronic products after their use. Companies are also encouraged to adopt eco-friendly product designs, including using biodegradable materials, modular designs for easy repairs, and energy-efficient components to reduce e-waste generation.
• Consumers – Individuals play a role by practicing responsible disposal, participating in recycling programs, and reducing unnecessary consumption of electronic devices. Consumer awareness campaigns help educate people about e-waste hazards and proper disposal methods.
• NGOs & International Organizations – Non-governmental organizations and global entities like the United Nations, Basel Convention, and Greenpeace advocate for sustainable e-waste management. They assist in policy formulation, awareness campaigns, and on-ground implementation of recycling programs, especially in developing nations.

Challenges in E-Waste Management

• Lack of Consumer Awareness – Many consumers are unaware of the environmental and health risks of improper e-waste disposal. Lack of knowledge about recycling programs and proper disposal methods results in e-waste ending up in landfills or informal recycling sectors.
• Inadequate Recycling Infrastructure – Developing nations, in particular, suffer from poor e-waste collection, sorting, and recycling facilities. Without proper collection centers and advanced recycling plants, a large portion of e-waste is either incinerated or illegally dumped.
• Illegal Dumping and Informal Recycling – A significant challenge is the illegal export of e-waste to developing countries, where it is processed under hazardous conditions using unsafe methods such as acid baths and open-air burning. Informal recycling exposes workers, including children, to toxic substances like lead, mercury, and cadmium.
• High Cost of Proper Disposal & Recycling – Effective e-waste recycling requires advanced technology and high operational costs. Many businesses and individuals prefer cheaper disposal methods, leading to unregulated dumping or exportation to countries with lax environmental laws.

Future Solutions & Sustainable Innovations

• Green Electronics & Biodegradable Alternatives – Manufacturers are focusing on sustainable product design, using biodegradable materials, non-toxic components, and modular structures to reduce e-waste generation. EPEAT-certified and energy-efficient devices are examples of sustainable innovations.
• AI & IoT in E-Waste Tracking & Management – Artificial Intelligence (AI) and the Internet of Things (IoT) are being integrated into waste management systems to track electronic devices throughout their lifecycle. Smart sensors help in sorting recyclable materials, optimizing e-waste collection, and predicting future waste generation.
• Government-Private Sector Collaborations – Public-private partnerships (PPPs) are essential for improving recycling infrastructure, awareness campaigns, and take-back programs. Governments are working with tech companies and environmental organizations to fund research, enforce stricter regulations, and establish efficient waste collection systems.

By implementing these strategies, the global community can move toward a more sustainable and circular economy for e-waste management.

CONCLUSION

E-waste management is a pressing challenge at a global level that requires a multifaceted approach involving governments, industries as well as individuals. As there is a rise in electronic consumption in continuation, the accumulation of hazardous waste poses a risk severely for both health & environment, that too particularly in nations that are still developing with an inadequate recycling infrastructure. The Basel Convention and the Extended Producer responsibility policy have played a significant role in the regulation of the disposal of E-waste, but still illegal dumping & informal recycling persist. Thus for mitigation of such risks, sustainable solutions such as urban mining, recycling techniques that are eco-friendly, and green electronics are crucial for reducing E-waste generation. Greater consumer awareness in addition to stricter enforcement of regulations and international cooperation is also necessary to ensure the safe and ethical management of the discarded electronics. Moving forward with a shift towards a circular economy emphasizing the reducing, reusing, and recycling principles creates a more sustainable approach that is responsible towards E-waste management, for ensuring a healthier environment and cleaner for future generations.

REFERENCE

• https://www.basel.int/implementation/ewaste/overview
• https://www.who.int/news-room/fact-sheets/detail/electronic-waste-(e-waste)
• https://ewastemonitor.info/wp-content/uploads/2022/01/Introduction-REM_LATAM_2022_ENG_Final.pdf
• https://unitar.org/about/news-stories/press/global-e-waste-monitor-2024-
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