Nagpur: The Nagpur Bench of the Bombay High Court has been approached by the (VHA) Vidarbha Hospitals Association. In which only a certain quantity of biomedical waste is being lifted from the hospitals by the specified agency.
Vidarbha Hospitals Association lawyers named Tushar Mandlekar and Rohan Malviya. He has told the court that as per the Biomedical Waste Management Rules, 2016, this agency is absolutely mandated to collect the entire biomedical waste within about 48 hours.
Tushar has argued that the entire biomedical waste is not being collected at all from the Superb Hygienic Disposal (SHD) hospitals for the last two months. Due to which more hazardous material has accumulated than the maximum permissible limit of 48 hours.
The Vidarbha Hospitals Association has also said that all hospitals are now bound to collect the payment as per norms. And they are also following the 2004 tripartite agreement very well. The tripartite Memorandum of Understanding dated 10th September 2004 signed between Nagpur Municipal Corporation (NMC), Indian Medical Association (IMA Nagpur), and Superb Hygienic Disposal is also in force for about 30 years. The association has told that it has been mentioned in the MoU that the rates will be revised every year by about 10%. Which is still paid regularly by the hospitals.
The Vidarbha Hospitals Association (VHA) has also said that as per clause 14 of the Guidelines 2016 of (CPCB) Central Pollution Control Board.
So-Called Excess Waste
The petitioner has also submitted that the instructions of the Nagpur Municipal Corporation which prescribes a limit of about 300 grams per patient per day. They also need to be looked at once again and it has been pointed out that a wet adult diaper weighs around 1.5 kg. The Vidarbha Hospitals Association has also stated that the so-called excess waste is also within the prescribed limits specified in the authorization issued by the Maharashtra Pollution Control Board (MPCB) to all the hospitals concerned.
The association has also informed that the service provider having an absolute monopoly is also duty bound and cannot stop or slow it down at all as per Biomedical Waste Management Rules 2016. Due to which great public interest is harmed.
A bench headed by Justice Sunil Shukre and Justice Anil Pansare also issued notice to each of the respondents – Central Pollution Control Board, IMA, MPCB, SHD, and NMC.
Public prosecutor Ketki Joshi has waived the notice for the state while Ravi Sanyal has argued for Maharashtra Pollution Control Board and Jemini Kasat has argued for Nagpur Municipal Corporation.