Legal Analysis of Rights Against the Protection of ‘Bio-Medical Waste’ and Judicial Reflections in India
35 Pages Posted: 4 Mar 2011
Date Written: March 1, 2011
This article attempted to cover the environmental jurisprudence and its correlation with the ‘right to health’ and ‘right to safe environment’. It gives specific emphasis upon the need of the mechanism for safe handling and management of bio-medical waste which have created the greatest to these rights enshrine in the Constitution of India u/Art 21. It further analyses the handling and managements of bio-medical waste from the point of view of International standards, lack of national policy and a pathetic situation in India. It further analyses the legal liabilities clauses developed and discussed in various judicial pronouncements, and emphasis upon the bio-medical waste management will also need to take on priority so that both environmental safeguard from bio-medical waste and public health due to the infectious and contagious effect may be safeguards.
Ultimately it stresses the need of comprehensive national policy, renovation of existing machineries and a fresh looks towards the existing framework to making objectives into reality with respect to bio-medical waste management and give due regards to right to health and safe environment of the citizenries.
Keywords: ‘Right to health’, Right to Environment’, ‘Biomedical Waste Management’, environmental jurisprudence’, Environmental protection’, ‘Medical Science’, Judicial pronouncements, courts decision
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