An Analysis of Legal Provisions and Fundamental Duties on Solid Waste Management in India

Dr. Arun Chauhan, Asmita Chauhan

Abstract: India is facing a growing crisis in managing solid waste, one that mirrors its swift urban expansion and shifting lifestyle patterns. In my view, the scale of the challenge is not merely statistical it is structural, institutional, and deeply civic in nature. While the 2016 Solid Waste Management Rules signal a progressive shift in scope and inclusivity, extending responsibility to diverse generators beyond municipal confines, the deeper narrative lies in how these legal instruments engage with constitutional directives and the everyday duties of citizens. It is evident that the Constitution of India, through Articles like 21, 47, and 48-A, doesn?t just acknowledge environmental well-being it embeds it as a shared civic and state obligation. This article thoughtfully traces the evolution of India's legal landscape from early frameworks like the 2000 Municipal Solid Waste Rules to more recent reforms under the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita, which treat waste mismanagement as a public nuisance. What stands out is the nuanced interplay between these evolving statutes and fundamental duties, hinting at a legal system that aspires not just to regulate waste but to embed sustainability into the very conscience of governance and citizenship. This suggests that legal reform alone won?t suffice civic participation, public accountability, and inter-agency cooperation must be harmonized to shift the paradigm from reactive management to preventive responsibility.

Keywords: solid waste management, Indian Constitution, civic responsibility, environmental law, public nuisance

How to Cite?: Dr. Arun Chauhan, Asmita Chauhan, "An Analysis of Legal Provisions and Fundamental Duties on Solid Waste Management in India", Volume 14 Issue 8, August 2025, International Journal of Science and Research (IJSR), Pages: 176-186, https://www.ijsr.net/getabstract.php?paperid=SR25728122858, DOI: https://dx.doi.org/10.21275/SR25728122858