Impact of Bio-Medical Wastes on Public Health Safety: A Constitutional Perspective and Judicial Approach

DOI

10.2991/978-2-38476-533-1_66How to use a DOI?

Keywords

Biomedical; Waste Management; Right to health; Article 21; Public health safety; Environmental law and policy

Abstract

Biomedical waste (BMW) consists of waste generated during medical diagnosis, treatment, or immunization activities in healthcare facilities. The rising volume of BMW, especially infectious waste, poses a significant hazard to public health and the environment. Improper handling and disposal of BMW can directly spread infection and pollution, undermining the fundamental right to life under Article 21 of the Indian Constitution. This paper examines the impact of biomedical waste mismanagement on public health safety from a constitutional and judicial standpoint in India. It analyzes how Indian constitutional provisions – particularly the right to life in Article 21 – have been interpreted to encompass the right to health and a clean environment, and reviews key judicial decisions upholding these rights. The legal framework governing BMW management, including the Environment (Protection) Act 1986 and the Bio-Medical Waste Management Rules of 1998 and 2016, is discussed alongside policy directives like the National Health Policy. The study adopts a doctrinal approach, reviewing statutes, case law, and scholarly literature to understand the nexus between biomedical waste management, public health, and constitutional rights. It finds that Indian courts have increasingly recognized health and environmental safety as integral to the right to life. Nevertheless, explicit attention to biomedical waste in judicial pronouncements has been limited. Case studies – including Supreme Court and High Court interventions on sanitation, safe drinking water, and BMW handling – illustrate the evolving judicial approach. The analysis underscores the need for strict enforcement of BMW rules and proactive judicial oversight to safeguard public health. The paper concludes that effective BMW management is not only a matter of public hygiene but a constitutional obligation, necessary to realize the fundamental right to health and a healthy environment for all citizens. It calls for strengthened legal accountability, improved infrastructure, and greater awareness to ensure that public health safety is not compromised by biomedical waste in a developing India committed to human dignity and environmental protection.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Rathindra Bhuyan
AU  - Hiren Ch. Nath
PY  - 2025
DA  - 2025/12/31
TI  - Impact of Bio-Medical Wastes on Public Health Safety: A Constitutional Perspective and Judicial Approach
BT  - Proceedings of the International Conference on Smart Systems and Social Management (ICSSSM-2 2025)
PB  - Atlantis Press
SP  - 1080
EP  - 1104
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-533-1_66
DO  - 10.2991/978-2-38476-533-1_66
ID  - Bhuyan2025
ER  -