In the matter of M/s.Re Sustainability Health Care Solutions Ltd v. The District Collector and others the bench of Madras High Court headed by Justice GR Swaminathan, while hearing a plea application of the Company engaged in collecting and disposing of the Medical waste in various districts of the State, has issued directions for the Movement of biomedical Waste in the State. 

The Company was engaged in the collecting and disposing business of Biomedical waste in five districts namely Madurai, Virudhunagar, Theni, Dindigul and Ramanathapuram. The Company moved to the Court when the locals restricted entry of the company vehicles after a plastic pocket containing an amputated limb had fallen on the road in transit. The company was directed to take a different route and its license was to be renewed only after ascertaining the views of local villagers.

However, the Court criticised such actions of the Villagers and noted that the right to carry on business was guaranteed under Article 19(1) (g) of the constitution and the mob could not hold a person at ransom.

The court also noted that the decisions taken by the peace committee did not have any statutory value or force and did not have the character of a binding decision. Though the revenue authorities and police were responsible for maintaining law and order, the same would be binding if the procedure set out in the CrPC was followed. Thus, there was no need for directions forbearing the respondents to give effect to the decisions taken in the peace meeting as the same did not have any legal value.

The Court further held that the Bio-metric waste should be collected every 2 days and should have adequate vehicles and staff and the vehicles must conform to requisite norms. Further, there should be fixed dates and timings for collection and the drivers must be trained to pay due care to avoid hazard to general public.

The Court also informed that proper bar code scanning should be introduced to ensure proper monitoring and regulation,