Critical Evaluation of the Legal and Administrative Actions of the Government of Maharashtra During the COVID Pandemic in India

I. Brief Account of Response by the State Government in the Initial Phase

By far, the State of Maharashtra in India has been the worst affected and infected State. Since the early times of the pandemic, the State has seen a flurry of cases being recorded each day. The first confirmed case of COVID-19 in the State was on 9^th March 2020. The State also reported the largest single day spike of cases in the country ranging up to 24,886 cases. While we worry about the pandemic striking the entire nation, Maharashtra is the hotspot for the COVID-19 pandemic accounting for nearly one-third of the total cases in the nation, as well as accounting for nearly 40% of the total mortality rate⁵. Mumbai is the worst affected city in the entire nation with nearly 6,31,527 cases as of today⁶.

The first death reported in the State was on 17^th March 2020, when a 64-year-old man died at Kasturba Hospital in Mumbai⁷. Mumbai’s death rate is 6% for detected coronavirus cases, three times the national average⁸. One may think why the State boasting of the nation’s financial capital, the Oxford of the East, the city which is the epicentre of India having highest infrastructure projects etc, is now facing the demon of COVID so severely?

The reasons for this may be manifold. However, the major reason can be attributed to the dire healthcare facilities in the State, especially Mumbai. Many patients were denied beds, public hospitals overflowing with the patient requirements, private hospitals refusing to admit new patients, or if they do, charging a golden amount, as well as the refusal to test and treat those showing the symptoms for the virus, were some of the reasons contributing to the further sharp increase in the COVID-19 spike of the State.

Over 20% of the samples tested in the State turned out to be positive. The WHO has said on May 12^th, 2020, that the pandemic can be said to be under control when the positivity rate is below 5%. However, the notable achievement amidst this drudged pandemic by the State government was the efficient conduct of the Reverse Transcription-Polymerase Chain Reaction (RT-PCR) test, which detects the presence of active virus protein in the body more accurately and efficiently. The RT-PCR test is said to be 60-100% accurate. The major problem however lay in the negligent and irresponsible approach of the State to face the situation. Although the WHO had declared the COVID-19 as a public health emergency of international concern on 17^th of January, Maharashtra, along with other major States of India, took serious note of the increasing cases in March.

Maharashtra had to pay a heavy price for this slacked attitude and governance. by 15^th March 2020, Maharashtra had recorded 33 cases. From these 33 cases on 15^th of March, the cases spread like wildfire throughout the State, taking the tally to 1,900 in the next 15 days⁹. One more reason for the spread of the virus in the entire State was the unclear and sluggish approach towards testing. The State government, following the protocols of the Centre government and the Indian Council of Medical Research (ICMR) tested only the international passengers travelling to the State, while leaving out potential carriers within the State borders.

Another instance of the State’s failure was not to test the asymptomatic patients in the initial outbreak of the virus. The 9^th of April 2020 guidelines of the ICMR had laid down the procedure for testing, and the testable group. The asymptomatic patients were excluded from the list of testable group. Even the symptomatic patients required a doctor’s prescription or a letter for getting tested, leading to many symptomatic patients being ignorant to testing.

It was only on the 13^th of March 2020 that the government declared the COVID-19 as an epidemic in the cities of Mumbai, Pune, and Navi Mumbai, Nagpur, thus invoking the EDA, 1897. The invoking of the EDA gave the State government the absolute powers to quarantine or hospitalise any individual who showed the symptoms of the virus. All commercial establishments such as cinema halls, shopping malls, playgrounds, and gymnasiums, etc were ordered to close down. This action of closing down establishments was coupled by imposition of Section 144 of the Code of Criminal Procedure (CrPC) in the city of Nagpur¹⁰. It was only on 22^nd March 2020 that the Maharashtra government decided to impose Section 144 throughout the State, with the State closing its borders from 23^rd March 2020.

The State government has since then tried to adopt some significant containment measures¹¹. Although the research has been quite critical about the lack of proactiveness by the State government, the efforts by the government taken to curb the spread of the virus cannot be ignored. The Maharashtra government was on their toes to stop the spread of the virus with different government departments and offices running helter-skelter day and night to look after the affected individuals, to demarcate the containment areas and zones, to provide the essential and healthcare facilities, food, water, along with the travel arrangements for the migrant labourers panicking to go back to their hometowns¹².

The Bombay Municipal Corporation (BMC), also known as Brihanmumbai Corporation or the Municipal Corporation of Greater Mumbai was the first government department to run into action. They took the task of demarcating and marking pitches across the distance of one metre to ensure social distancing¹³. A number of CCTV cameras were installed which were centrally monitored by the police headquarters in each city. Violations by individuals that were detected in the CCTV camera were immediately acted upon in the form of a penalty, or fine.

On 8^th April 2020, the Maharashtra government was the first to make the use of facemasks in public places compulsory¹⁴. Even the State Reserve Police Forces were deployed throughout the major hotspot region in the State to make the enforcement of norms stricter. The government also made an elaborate scheme to increase the quarantine facilities, testing centres and laboratories, and the supply of PPE kits and testing equipment.

II. Analysis of the Administr-ative Actions of the Department of Public Health

The Department of Public Health¹⁵ in the State of Maharashtra is the primary functionary responsible for the health and sanitation of the citizens of the State. The healthcare system of Maharashtra is managed by the PHD. Maharashtra has been an influential State in contributing to the national per capita income¹⁶. Maharashtra today accounts for 15% of the total national income and 40% of the tax revenue¹⁷, it is still spending only 0.5% of its total GDP on healthcare¹⁸. The fact comes as a rude shock for many especially when the State contributes to the maximum development of the nation, with only Mumbai accounting for 6.16% of the national GDP¹⁹.

Another bold reason for the sharp healthcare contrast in the State is due to the regional differences within the State. The Mumbai-Pune region remains developed while rest of the State has skewed and erratic display of healthcare facilities²⁰. The entire Public Health Department of the State of Maharashtra is supervised by the MoHFW. This Department in Maharashtra is broadly classified into two divisions:

i. The Public Health Department which includes the Family Welfare, the Medical Relief, and Employment State Insurance ESIS, and

ii. Department of Medical Education and Drugs.

An incredibly special feature of Maharashtra’s PHD has been the early devolution of primary health care implementation to the Zilla Parishads²¹. This devolution helped the State to gain an early lead among states to expand the rural health care infrastructure. In the year 2000, the State had nearly futuristic public healthcare services, and the State Departments have made enough efforts to increase the resources in these public healthcare services²².

However, the data compiled has shown that the PHD has been lethargic in providing for requisite medical equipment. Though the district hospitals had most of the essential medical equipment, there were severe shortages of these facilities²³. The Maharashtra government was one of the first States to enact a comprehensive Disaster Management Unit under the supervision of the Disaster Management Unit Relief and Rehabilitation Department Government of Maharashtra, and Department of Public Health after the Latur earthquake in 1993 to evoke a reactive response to any disaster to form a strategic based system²⁴.

The Disaster Management Plan provides a comprehensive, consistent, State-wide institutional framework to enable state, local governments, Central government, and the private sector to work together to mitigate, prepare for, respond to, and recover from the effects of emergencies regardless of cause, size, location, or complexity²⁵. The PHD being the nodal agency to monitor, coordinate, and control the epidemic disasters, has the responsibility to take responsible steps in mitigating the damage caused by such an epidemic.

The PHD is responsible in coordinating and synthesizing the functions of local authorities during the time of an epidemic. Much of the success for mitigating the crisis depends upon the efforts of the PHD along with the local and zonal authorities. The effort for mitigating an epidemic involves the following steps and activities as described in Table 1²⁶.

Table 1: Structural and Administrative Measures undertaken by the PHD to mitigate the epidemic.

The PHD is primarily responsible to ensure that the above three preliminary steps are followed before any mitigating activity any commence. Since the PHD functions as the nodal agency for undertaking the tasks related to the epidemic crisis of the State, it is the general responsibility of the PHD to inform the general public of the health situation in the State, and for this purpose the PHD is required to regularly update health bulletins, social media updates, guidelines, and SOPs for maintaining the health and sanitation in the State, etc.

The WHO has termed the functions of the PHD as being essential and indispensable set of actions, which is the primary responsibility of the State, and which is also fundamental in realising the goals improving, promoting, protecting, and restoring the health of the population through collective action^28,29.

In the light of the above-mentioned discussion, the researcher has looked into some of the significant steps that were taken by the Maharashtra State PHD from March 2020 to March 2021 to prevent the spread of the COVID-19 throughout the State.

The State government, particularly the administrative PHD incorporated their micro-level requirements to meet the impending crisis of COVID-19. On March 14, 2020, the PHD notified the guidelines to prevent and control the spread of the virus within the State. This included the guidelines for the screening of patients, home quarantining facilities for those travelling from abroad, in line with the guidelines from the Central government, and the procedures to be followed in containment zones³⁰.

The Department also took swift actions to order the closure of cinema halls, swimming pools, theatres, gymnasiums, and museums till 30^th March 2020. All educational institutes and hostels were ordered to be closed the following day.

III. The Functional Role Played by the Directorate of Health Services

The Directorate of Health Services (DHS), Government of Maharashtra is an attached office to the PHD. It is serving as the technical wing for the Department. This administrative division of the Ministry was first set-up under the recommendation of the Bhore Committee by the name of Central Health Education Bureau (CHEB)³¹, which was integrated to form a larger division by the name of DHS. The basic objective and the goal of this set-up is to educate the mass about the health plans and various undertaken programmes by the Central and the State governments, training of health professionals, developing and the supply of health education and material conducting the health behavioural research, and to provide the technical assistance to the government as well as the non-governmental agencies in dealing with issues relating to health administration in the State³².

This administrative division is the service-based division for supervising all the establishment related matters of the State government, and for providing other kinds of administrative support and technical advice on matters related to the health of the citizens. The mass spread of the health education schemes and carrying out of health education programmes on scientific lines by publishing the most reliable information is done by the media and editorial division of the DHS. The DHS also operates a health promotion and education division, established in 2005 which primarily looks after coordinating and collaborating the health promotion and health education activities within and beyond the State’s territory.

On March 13, 2020, the government of Maharashtra instituted a high-level committee which included the technical assistance from the DHS, to formulate the guidelines for mitigating the spread of the virus within the State. The responsibility of the committee included:

(i) taking a daily review of the status of COVID-19 in the state, and

(ii) implementing the guidelines issued by the World Health Organisation and the Ministry of Health.

The PHD had issued a number of measures which included a sound systemic understanding of the prevailing COVID-19 situation within the State to prevent the spread of the virus. This included the following measures, analysed, reviewed, and ordered by the government on advice of the DHS³³:

i. Mandatory wearing of face masks, in public and crowded places,

ii. Use of hand sanitizer and disinfectants for the purpose of cleansing and washing,

iii. Social distancing measures up to 6 feet and avoidance of unnecessary contact,

iv. Contact tracing of COVID-19 infected patients and suspects of the virus to conduct their tests and further channel them to the nearest hospital if needed,

v. Enforce mandatory quarantine on the patients for a period of 14 days, and

vi. Finalizing the quantity and the quality of the healthcare including the necessary drugs, the period of ventilation, level monitoring of oxygen, etc.

IV. The Functional Role Played by the State Blood Transfusion Council

In times of the COVID-19 pandemic, when the significant increase in the use of blood plasma has been widely acknowledged, the administrative and functional role of the Blood Transfusion Council has indeed played a key role in the effective preparation for the fight against the virus. The use of the convalescent plasma therapy is used to treat patients of the virus using the blood from a recovered patient. The US Food and Drug Administration (FDA) has given emergency authorization for the use of the plasma with high levels of antibodies to treat COVID-19³⁴.

The FDA has approved the use of plasma for treating patients who are hospitalized for treatment and who are in their early stages of the illness, having a mild or weak immune system³⁵. The use of the plasma has been propagated throughout the medical world since it has shown significant increase in recovery rates of those patients who are in their nascent phase of the illness. The use of blood plasma has been proven to significantly effective in reducing the severity of the virus and also shorten the effect of the virus on the patient.

Convalescent plasma (CP) is a mode of passive immunization wherein preformed antibodies against an infectious agent are infused into a susceptible host with the aim of either preventing or treating the infection³⁶. The Indian Medical Association too has approved the use of plasma therapy for moderate COVID-19 cases. Although the Indian Council for Medical Research (ICMR) has dropped the use of plasma therapy from their treatment guidelines^37,38, the IMA has lent their support for using the plasma to treat moderate cases of COVID-19³⁹.

The role played by the State Blood Transfusion Council (SBTC) in this regard is incredibly significant. The SBTC is an autonomous administrative body set up in the State of Maharashtra as per the directive of the Supreme Court of India is 1996 to provide adequate and safe blood and all its components at a reasonable rate in the State⁴⁰. The SBTC in Maharashtra is supervised and monitored by the PHD and works as per the State Blood and Transfusion Council Rules and Regulation, Government of Maharashtra⁴¹.

The salient objectives of the SBTC can be articulated as follows⁴²:

• To organize donor recruitment, motivation, and education programmes to generate voluntary non-remunerated blood donors, thereby eliminating the reliance on professional blood donors,
• To ensure appropriate use of blood by avoiding whole blood transfusions, usage of substitute products using components from whole blood, apheresis, autologous transfusion and to ensure availability of plasma for fractionation,
• To give training to technicians, drug inspectors, donor motivators and medical officers in relation to all operations of the blood centres,
• To pursue the development of state level nodal centres and district level nodal centres equipped for collection, storage, component separation and distribution of blood and blood products,
• To link the nodal blood centres to District Hospital/Sub-Dist. Hospitals/First Referral hospitals,
• To provide Development facilities for Quality Assurance and referral (External Assessment),
• To monitor functioning of blood centres in the State,
• To maintain & develop database regarding information & communication system, matters related to functioning of blood centres, donor profile and database on the rare blood groups,
• To finance research and study proposals aimed at furthering the objectives of State Council,
• To purchase, construct, maintain and alter any buildings or works necessary or convenient for the purpose of State Council,
• To create administrative, technical, and ministerial and other posts under the society and to make appointments there to on approval from the Governing Body of the State Council,
• To establish a provident fund and / or pension fund for the benefit of the State Council’s employees and their family members,
• To do all such other lawful things as are conducive or incidental to the attainment of the above objects, and
• To constitute various formal & informal committees and coordination of experts for furtherance of objects of State Council.

There are up to 340 blood banks throughout the State of Maharashtra supervised by the SBTC. While the blood banks across the State are facing a shortage of blood during the COVID-19 pandemic, the SBTC has ensured that the data from these blood banks are updated in a timely and smooth manner⁴³. Amidst such an acute shortage for blood, the SBTC has also appealed to the blood banks in the State to hold more donation camps to ensure that there is no scarcity of blood within the State⁴⁴.

The Delhi High Court has observed that the process of obtaining blood plasma has become really tedious and that the SBTC of the NCT of Delhi should take steps to ensure that the required convalescent blood plasma required for COVID-19 treatment is available to the patients⁴⁵. The Uttarakhand and the Kerala High Courts too have observed the same.

The Maharashtra State Blood Transfusion Council is governed by a “Governing Body” of the SBTC. The property of the council is vested under this governing body⁴⁶. The governing body has the immediate powers to review the progress and the performance of the council and different units established by it and give such policy directives as it deems necessary⁴⁷.

During the ongoing pandemic, the executive body formed by the governing body to act on behalf of the governing body has been propagating the need for blood donation and use of convalescent plasma therapy to treat the COVID-19 infection⁴⁸. This administrative step has particularly helped in attracting masses to donate blood after they have recovered from COVID-19.

The entire administrative setup of the SBTC is overseen by the executive committee during the pandemic. Some of the salient functions performed by the committee during the pandemic can be articulated as follows⁴⁹:

• The Committee carried out competently the policies and the objectives of the State Council as were set out in the Memorandum of Association as well as the directives of the State government and the concerned PHD,
• It also sanctioned the amount required by the State Council to carry out their functions which befell unexpectedly,
• It also tried to create extra posts and opportunities for the overburdened department to allow smooth functioning and hassle-free blood supply to the hospitals and patients, and
• It also made byelaws to regulate the service conditions of the staff and for the conduct of the business of the Council, implemented with the prior approval of the Governing Body.

V. Analysis of the Administra-tive Actions of the Home Depart-ment

The Home Department discharges a variety of functions, the major ones being the internal security of the State, the border security of the State, managing the cordial relationship with the Union government, administering the functions of all the State machineries, and the most significant during the pandemic, the management of the disaster, epidemic, and any other calamity⁵⁰.

During the pandemic, it was the foremost duty of the Department to ensure that the overall management of the pandemic within the State of Maharashtra is efficient and that all other Departments, and their various administrative agencies functions in accordance with the Constitutional provisions⁵¹.

The Department serves under the administrative capacities of a variety of divisions. The Department has a Disaster Management division which is primarily responsible for the response, relief, and the preparedness for any disaster, epidemic, or a calamity. It is also responsible for making all the legislations, policy and guidelines, capacity building, prevention, mitigation, and long-term rehabilitation⁵². The Department is currently presided by Dilip Walse Patil⁵³, who also holds the Department of labour, and excise in Maharashtra.

As per the Second Schedule of the Allocation of Business Rules, the Ministry and the Department of Home Affairs is responsible to look after and supervise the matters related to the loss of human life and property due to natural disasters, calamities, etc.⁵⁴ The Department of Home plays a supervisory role in the relief and rehabilitation programmes of the State government.

The Department also monitors the functioning of the Disaster Management Division, which is a nodal division in the Ministry and the Department of Home Affairs, and in this regards the role and the primary responsibilities of the Department can be articulated as under⁵⁵:

i. The Department of Home is the primary Department concerned with the overall wellbeing and smooth functioning of all other Departments and administrative authorities within the State.

ii. In this context, the Department issues guidelines for strict adherence to COVID-19 appropriate behaviour and also releases advisories for other Departments and administrative authorities to consider.

iii. The entire police force serving as frontline workers is managed by the Department of Home. All the guidelines and regulations regarding the administration of the police department in the State during the COVID-19 pandemic is regulated by the Home Department.

iv. The containment zones within the State should be carefully demarcated at micro-level by the district authorities, and other Municipal Commissioners and Municipal ward in-charge to follow and execute the guidelines.

v. All SOPs to be followed during COVID-19 are prescribed by the Home Department. It includes the guidelines prescribed for inter-State and intra-State travel of citizens.

vi. The Home Department is entrusted with the responsibility of enforcing strict mandate to be followed during COVID-19. The Home Department acts under the mandate of Section 51 to 60 of Disaster Management Act, 2005⁵⁶.

VI. Role of the Home Depart-ment to Mitigate the Virus Within the Ambit of Disaster Manageme-nt Act

The Ministry of Home Affairs at the Central level notified the COVID-19 virus as being a “notified tragedy” soon after the virus spread globally⁵⁷. Within the territorial jurisdiction of the State, the State Disaster Management Authority (SDMA) is the nodal administrative authority for the disaster management coordination, with the Chief Minister as the Chairman of the authority.

The State Disaster Management Authority is defined under Section 2 (q) of the DMA. This Section defines the State Authority as State Disaster Management Authority established under sub-section 1 of Section 14 of DMA and includes the Disaster Management Authority for the Union Territory constituted under the Section⁵⁸.

Under a notification issued by the Central government in sub-section (1) of Section 3, the State government shall constitute a State Disaster Management Authority for the State⁵⁹. Section 14 (2) enumerates the constitution of the members of the SDMA. It shall consist of a Chairman and other members, who shall not exceed nine and other nominated members.

It is under the mandate and provisions of this DMA that the Department of Home at the State level operates to mitigate the effects of the COVID-19 pandemic within the State. The Authority may constitute an advisory committee and make all the necessary recommendations for preventing the spread of the virus⁶⁰.

The powers and functions of the SDMA and the Home Department in cases of disasters and other epidemics such as the COVID-19 pandemic can be enumerated under Table 2⁶¹.

The Supreme Court of India too have laid stress on the importance of the role played by the Home Department in managing the disaster management efforts of the State government⁶². The Court noticed the role of the Home Department in providing the minimum standards of relief within the State to the victims of the COVID-19 pandemic, furthering the stance that the Department shall serve as the nodal and the central agency for the fight against COVID-19.

Table 2: Powers and Functions of SDMA and Home Department.

VII. Functions of the Home Department and THE STATE Executive Committee to Mitigate Disaster

The Department of Home has also set up a State level Executive Committee to assist the SDMA in discharging its functions and lay guidelines to ensure the compliance to the decisions of the State government⁶⁴.

The following functions of the State Executive Committee constituted by the Home Department under Section 20 (1) of the DMA, 2005 can be saliently explained as follows⁶⁵:

i. The primary responsibility of the Committee is to implement the National and State level Disaster Management Plan in accordance with the Constitution of India and the mandate of the DMA, 2005, as well as to coordinate and monitor the disaster management functions within the State.

ii. The Committee shall monitor the execution of a State level plan for the management of disaster and also the implementation of the National level plan.

iii. The Committee shall review, assess, and examine the vulnerability of different parts of the State and take appropriate measures suitable to the particular area according to their specific needs.

iv. The Committee also has the responsibility of monitor the execution and implementation of the State level plan by all the State Municipalities within the State and also assist them in its execution and implementation by providing manpower and technical assistance.

v. The Committee shall also supervise the preparedness by different Departments and different Municipalities during the existence of disaster like situation in the State and evaluate the strategy of each State division and provide required guidelines where necessary.

vi. During the ongoing pandemic, the Committee shall spread general awareness, educate, and spread information regarding mitigating measures to be followed by the Municipalities, State Departments, and administrative agencies of the State.

vii. Allocation of work to District Authorities and sub-division authorities of the State government and supervision of the work allocated and providing technical assistance for carrying out their functions effectively.

viii. It shall also lay down guidelines, review the guidelines from time to time, and update the State level plan and ensure that all District level plans are prepared and updated from time to time.

ix. Carry out any other functions as directed by the Home Department and assigned to it by the State authority.

The State government in general, and the Home Department in particular shall take appropriate measures specified in the guidelines of the NDMA to coordinate the actions of all the different Departments of the government, and the district and local authorities within the State⁶⁶.

The Home Department has also taken up the major responsibility of allocating the funds for different mitigating and prevention plans and actions of the State government⁶⁷. A major administrative shift from the stagnant cases of governance can be seen during the enforcement of the DMA, 2005 in the Department of Home. The Department has to cooperate and assist the various Departments of the State in preparing their disaster management strategies, as shall be requested by them or as the Department thinks necessary⁶⁸.

VIII. Constitution of District Disaster Management Authority and the Administrative Role of Home Department

Every State government shall endeavour to constitute a District Level Disaster Management Authority⁶⁹ after the issue of notification under Section 14 (1) of the DMA, 2005⁷⁰. The District Authority shall consist of a Chairperson and other members not exceeding seven, and other members as prescribed by the State government. The Collector or the District Magistrate, as the case may be, shall be the Chairperson, ex officio.

In accordance with Section 28 (1) of the DMA, 2005, the Home Department has the authority to constitute the advisory committee and other committees as shall be required in this regard. This power ensures the monitor and supervision of the Home Department over the micro-management of the disaster preparedness and mitigation measures within the districts.

The powers and functions of the District Authority and the supervisory role of the Home Department in administration work of the Authority can be explained as follows⁷¹:

i. The District Authority acts as a district planning, coordinating, and implementing body for the State Disaster Plan and all other purposes as laid down by the NDMA and the SDMA.

ii. The preparation of micro-level plan for each district shall be the responsibility of the District Authority, in consultation with the Home Department and SDMA.

iii. The Authority shall identify and recognize all the vulnerable areas most prone to such disaster and take effective remedial measures to mitigate the spread of the disaster within such areas.

iv. Give directions and guidelines to other district level bodies to take such preventive measures as are required and needed.

v. Set-up, review, maintain, and upgrade a mechanism for the early warnings and dissemination of proper information to the district authorities.

vi. The Authority under the aegis of the Home Department shall review the development plan prepared by the district level administrative bodies with a view to take necessary corrective actions and preventive measures.

vii. The Authority plays a significant role in encouraging the role of other micro-managing administrative bodies and other NGOs and CBOs and other voluntary social welfare institutions working at the grassroot level.

The Home Department, during the ongoing pandemic, has worked significantly in preparing the District Plan for disaster management for every district of the State. The District Plan shall be prepared by the District Authority, after consultation with the Home Department, local authorities, and the National and State Plans, and approved by the SDMA and the Home Department⁷².

The Home Department has also taken adequate measures specified in the NDMA guidelines to coordinate the activities of all the other State Departments, cooperating all the other Departments in their disaster management and prevention measures, and also to integrate the State Management Plan with the National Management Plan⁷³.

The above articulation of the data by the researcher takes the researcher to analyse and conclude that the administrative mechanism set up in the State of Maharashtra to tackle the COVID-19 pandemic within the State of Maharashtra during the initial breakout of the pandemic was impossible to be attended by raising more resources and finances because the time for the articulation of the response was not available. It was in these circumstances that the municipalities and the State Government Departments of Public Health, Home, as well as the MPCB has to manage the crisis through Administrative Instruments and Amendments thereof.

IX. Analysis of the Administra-tive Actions of MPCB

The Maharashtra Pollution Control Board (MPCB)⁷⁴ is the administrative organ and agency of the State of Maharashtra responsible for the planning and the implementation of various environmental legislatures and policies within the State⁷⁵. The MPCB is majorly responsible in implementation of the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Water (Cess) Act, 1977 and some of the provisions under Environmental (Protection) Act, 1986 and the rules framed there under like, Biomedical Waste (M&H) Rules, 1998, Hazardous Waste (M&H) Rules, 2000, Municipal Solid Waste Rules, 2000 etc. MPCB is the administrative agency which functions and operates under the aegis of the Department of Environment and Climate Control, State of Maharashtra.

The significant and important functions of the MPCB can be saliently articulated as follows⁷⁶:

• To plan comprehensive program for the prevention, control or abatement of pollution and secure executions thereof,
• To collect and disseminate information relating to pollution and the prevention, control, or abatement thereof,
• To inspect sewage or trade effluent treatment and disposal facilities, and air pollution control systems and to review plans, specification or any other data relating to the treatment plants, disposal systems and air pollution control systems in connection with the consent granted,
• Supporting and encouraging the developments in the fields of pollution control, waste recycle reuse, eco-friendly practices etc.
• To educate and guide the entrepreneurs in improving environment by suggesting appropriate pollution control technologies and techniques, and
• Creation of public awareness about the clean and healthy environment and attending the public complaints regarding pollution.

The MPCB was established in the year 1970 under the provisions of the Maharashtra Prevention of Water Pollution Act 1969. The Central Water (P&CP) Act 1974 was adopted in Maharashtra on 1^st June 1981 and accordingly the MPCB was formed under Section 4 of the Act⁷⁷. Since Maharashtra is blessed with diverse ecology and environment, the MPCB acts to prevent the depletion of natural resources by prudent management of resource-based schemes and also ensuring policy decisions towards the protection of the environment.

X. Remediation Measures by MPCB

The Pollution Control Board works towards remedies and mitigating the amount of damage caused to the environment from human and non-human activities, which directly or indirectly affect the survival of the ecosystem and those dependent upon it.

The importance for the protection of the environment was realised by the Central government and they introduced the Environment Information System (ENVIS) in the year 1982. The ENVIS provides vital information on the prevailing environment conditions to the policy makers, decision makers, experts, scientists, and engineers, etc⁷⁸. The objectives of the ENVIS can be saliently expressed in Table 3⁷⁹:

XI. Administrative Actions by MPCB to Mitigate Impact of COVID-19

The MPCB was furiously quick in acting towards the preparedness for COVID-19. In June 2020, the MPCB released a module titled, “Response and Preparedness during COVID-19 times on Risk Communications and Infection Prevention, Control on Environment Sanitation, and Waste Management in the cities of Maharashtra”⁸⁰. This initiative was taken by the MPCB in compliance with the order of the National Green Tribunal (NGT) Principal Bench at Delhi, which observed that “there is a need for the orientation and training of persons responsible for the compliance in Local Bodies and Health Departments in respect of the COVID-19 pandemic”⁸¹.

This module included information related to the public health aspect of COVID-19, precautions and preventive measures required, and BMW management with special reference to the pandemic. The MPCB recognised the need to ensure supply of safe drinking water, sanitation, and waste management during the period of the pandemic⁸².

The active measures by the MPCB has ensured that everyone gets safe and healthy drinking water during the pandemic to avoid indirect human to human transmission⁸³. Under this module, the MPCB released SOPs for the use, service, and cleanliness of community toilets within the State.

Table 3: The Specific Objectives of ENVIS, Maharashtra

This SOP also includes a checklist for the maintenance of such community toilets, and it includes hygiene practises, cleaning of the toilets, Do’s, and Don’ts for the physical distancing, etc. MPCB has sought active help and support from the Urban Local Bodies and the respective Municipal Corporations to implement the above guidelines.

The MPCB has adhered to the sanitary guidelines provided by WHO for enhancing the sanitation of the frontline workers during the pandemic⁸⁴. The core function of MPCB is to limit the discharge of BMW from hospitals, institutions, quarantine facilities, etc⁸⁵. For this purpose, the MPCB heavily relies on and adheres to the Authorisation Under Bio-Medical Waste (Management and Handling) Rules,1998.

Bio-medical waste can be defined as any waste generated during the diagnosis, treatment, or immunization of human beings/ animals, in research activities, or during the production or testing of biological or in health camps⁸⁶. The MPCB has also travelled a step ahead to define who an “occupier” would be within the meaning of the Rules in order to set the liability under the Rules.

Accordingly, an “occupier” is every person or an institute that generates, stores, transports, or treats and disposes the BMW generated⁸⁷. “Occupier” means a person having administrative control over the institution and the premises generating bio-medical waste, which includes a hospital, nursing home, clinic, dispensary, veterinary institution, animal house, pathological laboratory, blood bank, health care facility and clinical establishment, irrespective of their system of medicine and by whatever name they are called⁸⁸.

These Rules prescribe the authorization for the collection, reception, treatment, transport, storage, and disposal of BMW as defined under the Rules⁸⁹. The MPCB has quickly acted during the COVID-19 pandemic to apply the BMW Rules upon every home and institutional quarantine facility along with the strict enforcement of these Rules on hospitals, health care establishments, nursing homes, etc. This exercise was undertaken to ensure that the virus does not spread further from droplets of infected patients, nor from any waste generated from such healthcare facilities⁹⁰.

The Board has taken efficient steps to define the responsibilities of the hospitals, and other healthcare management institutions. This is especially important to tackle the impending problem of the COVID-19 virus, given the fact that the virus can spread through droplets, saliva, mucous, etc⁹¹. The MPCB defined and laid down the responsibilities of healthcare institutions for their adherence during the treatment of COVID-19 patients. Some of the salient responsibilities as laid down by the MPCB are⁹²:

• Segregation of BMW at the source and labelling it as being waste generated at COVID-19 treatment and healthcare facilities with a BIOHAZARD symbol.
• All the laboratory and the microbiological waste needs to be segregated and pre-treated on site before it is sent to the Common Treatment Facilities (CTF) for final disposal.
• It is the responsibility of every healthcare institution to store the BMW in a safe, disinfected, ventilated, and secured location.
• All the liquid chemical waste that is generated from such facilities needs to be segregated and neutralized by the institution itself.
• The MPCB has also developed an application for the daily reporting of the waste generated, the waste segregated, and manner of the waste disposal by the institution, which needs to be strictly adhered to.

XII. Division of Tasks Between MPCB and Municipal Corporati-ons

The Municipal Corporations of each division of the State and the Local Bodies are responsible for proper treatment and safe disposal of Municipal Solid Waste and sewerage as per the law and as per the standards laid down by the Board. They need to take consent of the Board and run these facilities as per the norms laid down.

They need to properly attend to the complaints from the public with regard to disposal of sewerage and solid waste. It is also the duty of the Corporation to make available space and land for Common Bio-Medical Treatment and Disposal Facility and ensure that within its jurisdiction, the shops and establishments and tiny activities are granted permission only after compliance of the Environmental Norms⁹³.

Apart from the above responsibilities of the healthcare institutions, the MPCB, having the legal sanctions to frame and enforce the above Rules pertaining to BMW has also administratively taken charge in dictating and establishing the responsibilities of the local Municipal Corporations in the collection of the BMW. The following are the articulated roles and the responsibilities of local Municipal Corporations^94,95:

• The local bodies and the Municipal Corporation have been entrusted with the responsibility of authorizing and maintaining the conduct of the healthcare facilities discharging the COVID-19 functions.
• The Corporations have to ensure the daily collection, segregation, as well as the disposal of all the waste collected from such healthcare facilities and nursing homes. The collection and segregation of such waste needs to be made into two categories of non-bio-medical waste and solid waste.
• A safe and distant waste dumping site for the disposal of the above collected waste within the territory of the Municipal Corporation is a significant responsibility.
• The Corporation must evolve a mechanism to ensure that all the generators become a member of the CTF.
• The Board has entrusted the Municipal Corporations with the task of categorizing and segregating the BMW for its transport and final disposal⁹⁶. Along with the BMW, the Municipal Solid Waste too is to be segregated in three categories, ie. hazardous, recyclable, and bio-degradable solid waste⁹⁷. Figure 1 illustrates the responsibility entrusted upon the Corporations by the Board⁹⁸.

Figure 1: Responsibilities of the Municipal Corporation.

The above figure is a depiction of how the Corporations are required to handle the waste from all COVID-19 treatment facilities and other healthcare institutions. A number of administrative, policy, and legal changes have been made in the mandate of the Board as well as the functioning of the Corporations to allow the increased and safe discharge and disposal of the BMW and solid municipal waste from such health institutions.

The duties of the operator of the CBMWTF too have been amended by the Board in line with the new COVID-19 protocols that have been imposed by the Central government and the respective State government of Maharashtra. The following are the administrative instruments that have been amended in order to meet the change in the working of these facilities during the pandemic⁹⁹:

• The operator shall take all the necessary steps to ensure that the bio-medical waste collected from the occupier is transported, handled, stored, treated, and disposed of without any adverse effect to the human health and the environment, in accordance with the rules and guidelines issued by the Central government, or the CPCB.
• The operator shall establish a system of bar coding and global positioning system to handle the BMW¹⁰⁰.
• The operator is also required to undertake a medical examination at the time of recruiting or at least once a year and immunise all the workers involved in the handling of BMW to prevent them from contracting the virus and further spread the infection.
• The operator shall also upgrade all the existing incinerators to achieve the standards for retention time in secondary chambers and dioxins and furans within two years.

Some significant changes in the administrative, and policy regulations and framework of the working of the Board and Corporations can be enunciated as follows^101,102:

• The Board as well as the various Corporations within the State have been classifying the healthcare facilities as per the intensity of the treatment given by them to facilitate the smooth and correct collection of waste.
• The BMW and other solid waste that is being collected from these institutions needs to be collected separately and stored separately before it is handed over to the treatment facilities.
• The liability for the proper disposal of the BMW and solid waste from the healthcare institutions to the treatment facilities falls entirely on the Corporations, unlike earlier where the responsibility was shared by the Corporation as well as the institutions generating the wastes. This policy shift is done keeping in mind the immense work done by the healthcare institutions during the period of the pandemic in treating the COVID-19 patients.
• Another pragmatic shift in the entire administrative set up of the Corporations has been the additional liability of deputing dedicated sanitary workers for the collection of BMW and solid wastes.
• There is a burden of proof on the handler of the CBWTF to ensure that COVID-19 waste is immediately disposed off as soon as it reaches the facility. In cases where the facility needs to treat the waste before disposing it off, it should inform the Board.
• The Corporation also needs to ensure that general solid waste and biomedical waste generated from quarantine camps and homes is not mixed. The biomedical waste and general solid waste should be collected separately.
• The Corporations shall also undertake the following steps to engage authorized waste collectors:

i. A separate team of workers shall be designated who would collect the waste from the doorsteps at quarantine centres or home.

ii. The Corporation shall ensure that only designated staff collects biomedical waste from quarantine homes or home care.

iii. The Corporation shall provide adequate training should be for sanitization, about collection of biomedical waste, as well as the precautionary measures to handle biomedical waste.

iv. The staff involved in handling and collection of general solid waste and biomedical waste from isolation wards, quarantine homes or home care centres shall be provided with adequate Personnel Protective Equipment such as three-layer masks, splash proof aprons, gowns, heavy-duty gloves, gum boots and safety goggles etc.

It is significant to note that amidst the ongoing COVID-19 pandemic, the Board has fixed the liability on the Corporations. The important enforcement powers vested in MPCB are laying down standards and securing their compliance, inspection, and monitoring of all sources of pollution, issuance of notices with time limit to comply with the legal requirements, closure of the defaulter unit in grave cases and prosecution in cases of serious violation¹⁰³.

MPCB has set up mechanisms to analye the reports received from the monitoring teams and the laboratory verifies the samples and also verifies the compliance of other techno-legal requirements that the unit has to comply with. Based upon the findings so arrived at enforcement measures are taken. In certain cases, surprise checking through vigilance squad are also carried out.

XIII. Administrative Actions by MPCB to Mitigate the COVID-19-related Risk in Urban Slums

Almost 30% of India’s urban population lives in slums¹⁰⁴. These slum conditions are nearly unhabitable with no access to clean drinking water, unsanitary health conditions, lack of sewage and wastewater discharge etc. Till date, a large section of population living in urban slums are infected with COVID-19¹⁰⁵.

A strong coordination between the Board, Corporations, and other administrative setup is critical for working in the slums to prevent the spread of the virus¹⁰⁶. The entire State administrative setup is required to work in tandem along with other people-oriented bodies like the NGOs and the CBOs in order to organize human and financial resources.

A major problem faced by the slum in reference to environmental concerns is the lack of space, which gives rise to many other correlated problems, paving a safe path for COVID-19 virus to infect a majority of the population¹⁰⁷. These slums are devoid of sanitation conditions, clean drinking water access, proper ventilation, health, and essential facilities, etc. Slums are abode to a large number of daily wage workers and migrant laborers moving in and out of the city. All these factors add up to cumulatively prove to be a major risk for COVID-19 spread.

The Board has identified the following factors as being a major contributor towards the spread of COVID-19 in slums, making the Board to take concrete steps in administratively work towards the prevention of virus by taking some concrete steps¹⁰⁸:

i. High Transmissibility due to crowding, lack of spatial arrangements, use of community toilets, mass gatherings, etc.

ii. High Risk of comorbidities due to prevalence of diseases within the slums due to untreated sewage water, consumption of unclean drinking water, unsanitary conditions, lack of health services and facilities, etc.

iii. A high percentage of marginalised, daily wage workers, migrants, and forcibly displaced population, who are majorly involved in menial wages for economic survival, resulting in constant unwarranted contact.

iv. Lack of awareness amongst the locals and the residents about the prevailing conditions of health, the safety measures required to be taken, etc.

The Board has assessed and analysed the administrative changes that may be undertaken to prevent the spread of the virus within the slums at a normative level. These administrative changes can be enumerated under Table 4¹⁰⁹.

Table 4: Administrative Steps by the MPCB to tackle the spread of COVID-19 in Urban Slums.

Maintaining the above information articulated by the researcher, it can be well gathered that the Pollution Control Boards at the Centre as well as the State level, ie. the CPCB and the MPCB have made efforts to adhere to the Constitutional mandate and tried to implement healthier and safer practices to deal with the pandemic.

The CPCB as well as the MPCB have been vigilant and cautious in responding to the on-going crisis. Both have been working to provide safer and healthier practises to deal with the pandemic, crossing the boundaries of their definition of work. A number of guidelines of both these administrative bodies have been particularly useful to other Ministries, Departments, as well as the Municipal Corporations in curbing the spread of the virus. The guidelines related to the collection, treatment, and disposal of BMW has been amended from time to time to incorporate the changing number of cases and the requirements for the treatment of COVID-19 patients, paving way for safer discharge of medical and solid waste.

*****

Footnotes

1. Author is an advocate at the High Court of Judicature at Bombay, India.

2. Census 2011, Maharashtra Population 2011 – 2021, www.census2011.co.in, (last visited on 26.05.2021)

3. The Indian Express, “In Centre’s note of appreciation, both Mumbai and Pune models get a mention for successful containment measures”, https://indianexpress.com, (last visited on 26.05.2021)

4. See Also, The Indian Express, “WHO chief praises efforts to control Covid-19 in Mumbai’s Dharavi slum”, https://indianexpress.com, (last visited on 26.05.2021)

5. Hindustan Times, “Covid-19 state tally; Cases soar to 33,053 in Maharashtra, nearly one-third of national total”, 18 May 2020, (retrieved on 25.04.2020) ↩

6. Live Mint, https://www.livemint.com/news/india/maharashtras-daily-covid-19-count-sees-multi-week-low-with-48-700-new-cases-11619449215625.html, (last visited on 27.04.2021) ↩

7. Hindustan Times, "Coronavirus patient, 64, dies in Mumbai; third death in India", Archived from the original on 17 March 2020, (Retrieved on 24.04.2021) ↩

8. Scroll, https://scroll.in/article/970154/how-mumbai-achieved-the-dubious-honour-of-becoming-indias-worst-covid-19-hotspot ↩

9. Id ↩

10. Section 144 of CrPC gives the power to issue order in urgent cases of nuisance of apprehended danger. A District Magistrate, a Sub- divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government in this behalf, may, if there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, prohibit public gathering in the given jurisdiction. ↩

11. The Times of India, “Centre praises BMC and Maharashtra govt for Covid-19 growth-rate dip in Dharavi”, http://timesofindia.indiatimes.com, (last visited on 16.05.2021) ↩

12. The Print, “This is how Uddhav Thackeray ensured new Maharashtra lockdown avoids 2020 mistakes”, https://theprint.in, (last visited on 16.05.2021) ↩

13. India Today, “212 containment areas demarcated in city as COVID-19 cases spike”, https://www.indiatvnews.com, (last visited on 16.05.2021) ↩

14. Live Mint. “Coronavirus: Mumbai becomes first city in India to make face masks compulsory in public”, (Accessed on, 22.04.2021) ↩

15. Hereinafter referred to as PHD ↩

16. Ravi Duggal, T. R. Dilip, Prashant Raymus, “Health and Healthcare in Maharashtra; A Status Report”, Centre for Enquiry into Health and Allied Themes. ↩

17. Id ↩

18. The Times of India, “Maharashtra spends 0.5% of its GDP on Health, Half the National Average”, http://timesofindia.indiatimes.com, (last visited on 16.05.2021) ↩

19. India Chem, 2021, https://www.indiachem.in, (last visited on 16.05.2021) ↩

20. Ibid Note 139 ↩

21. Ibid ↩

22. Data Compiled from ORG-MARG RCH Facility Survey Reports (1999 & 2000)Survey was conducted in 13 districts of Maharashtra state Akola, Aurangabad, Beed, Chandarpur, Nagpur, Washim, Gadhchiroli, Jalgaon, Kolhapur, Nanded, Parbhani, Raigad and Sangli ↩

23. Id ↩

24. Maharashtra State Disaster Management Plan, No. 10, Acts of Maharashtra State Legislature, 2005 (India). ↩

25. Id ↩

26. Public Health Department, State of Maharashtra, www.arogya.maharashtra.gov.in ↩

27. Supra Note 148 ↩

28. World Health Organisation, “Assessment of essential public health functions in countries of the Eastern Mediterranean Region”, http://www.emro.who.int, (last visited on 17.05.2021) ↩

29. See Also, Pan American Health Organization/World Health Organization (PAHO/WHO), “Public Health in the Americas: Conceptual Renewal, Performance Assessment, and Bases for Action” (Washington, DC: PAHO/WHO, 2002) ↩

30. Akhil N.R., Maharashtra Government’s Response to COVID-19 (till April 20, 2020), PRS Legislative Research, www.prsindia.org, (last visited on 17.05.2021) ↩

31. Directorate General of Health Services, www.dghs.gov.in, (last visited on 21.05.2021) ↩

32. Id ↩

33. Supra Note 154 ↩

34. Mayo Clinic, “Convalescent Plasma Therapy for COVID-19”, https://www.mayoclinic.org, (last visited on 22.05.2021) ↩

35. US Food and Drug Administration (FDA), “FDA Issues Emergency Use Authorization for Convalescent Plasma as Potential Promising COVID–19 Treatment, Another Achievement in Administration’s Fight Against Pandemic”, https://www.fda.gov, (last visited on 22.05.2021) ↩

36. Bloch EM, Shoham S, Casadevall A, Sachais BS, Shaz B, Winters JL, et al. Deployment of convalescent plasma for the prevention and treatment of COVID-19. J Clin Invest 2020; 130 : 2757-65. ↩

37. The Wire, “COVID-19: ICMR Study Finds Plasma Therapy Not Beneficial in Reducing Mortality”, https://science.thewire.in, (last visited on 22.05.2021) ↩

38. See Also, The Hindu, “ICMR Drops Plasma Therapy from COVID Treatment Guidelines”, https://www.thehindu.com, (last visited on 22.05.2021) ↩

39. Live Mint, “Plasma therapy can be used in moderate Covid-19 cases: Indian Medical Association”, https://www.livemint.com, (last visited on 22.05.2021) ↩

40. Government of Maharashtra, Blood Transfusion Council, https://mahasbtc.org, (last visited on 22.05.2021) ↩

41. Maharashtra State Blood Transfusion Council Rules and Regulations, 1997, Acts of Maharashtra State Legislature, 1997 (India) ↩

42. Id at 163 ↩

43. Hindustan Times, “Maharashtra blood crisis: SBTC to take action against blood banks if data is not updated online”, https://www.hindustantimes.com, (last visited on 22.05.2021) ↩

44. The Indian Express, “Blood shortage in Maharashtra: State govt agency appeals to blood banks to hold more camps”, https://indianexpress.com, (last visited on 22.05.2021) ↩

45. Rakesh Malhotra vs Government of National Capital Territory of India and Others, 2021 SCC OnLine Del 1881 ↩

46. Maharashtra State Blood Transfusion Council Rules and Regulations, 1997, Rule 6, Acts of Maharashtra State Legislature, 1997 (India) ↩

47. Maharashtra State Blood Transfusion Council Rules and Regulations, 1997, Rule 6.10.5, Acts of Maharashtra State Legislature, 1997 (India) ↩

48. Indian Council of Medical Research, “Evidence Based Advisory to address Inappropriate Use of Convalescent Plasma in COVID-19 Patients”, https://www.icmr.gov.in, (last visited on 22.05.2021) ↩

49. Supra Note 164 ↩

50. Ministry of Home Affairs, www.mha.gov.in, (last visited on 01.06.2021) ↩

51. J.N. Pandey, Constitutional Law of India, 570, Central Law Agency (2017) ↩

52. Supra note 177 ↩

53. Live Mint, “Meet Dilip Walse Patil, the new Maharashtra Home Minister who replaced Anil Deshmukh”, www.livemint.com, (last visited on 01.06.2021) ↩

54. Disaster Management Division, Ministry of Home Affairs, www.ndmindia.mha.gov.in, (last visited on 01.06.2021) ↩

55. Id ↩

56. Section 51 to 60 of the Disaster Management Act, 2005 deals with Offences and Penalties for Violation of Lockdown Measures. ↩

57. R. Hemalatha, “Disaster Management Act, Epidemic Disease Act And COVID-19”, LiveLaw Column, www.livelaw.in, (last visited on 01.06.2021) ↩

58. The Disaster Management Act, 2005, § 2 (q), No 53, Act of Parliament, 2005 (India) ↩

59. Section 14 (1) of the Disaster Management Act, 2005 entails the State government to constitute a Disaster Management Authority for the State with such name as the State shall specify in its notification. ↩

60. Section 17 (1) of the DMA, 2005 ↩

61. Content and Information gathered from Section 18 of the DMA, 2005 which enumerates the powers and functions of the SDMA ↩

62. In Re Distribution of Essential Supplies and Services During Pandemic, Suo Moto Writ Petition (Civil) No. 3/2021, (LL 2021 SC 236) ↩

63. National Disaster Management Authority constituted in accordance with Section 3 of the DMA, 2005 ↩

64. Section 20 (1) of DMA, 2005 ↩

65. Section 22 (1) (2) [a-q] ↩

66. Section 38 (1) of DAM, 2005 ↩

67. Section 38 (2) (d) DMA,2005 ↩

68. Section 38 (2) (c) DMA, 2005 ↩

69. Section 25 (1) DMA, 2005 prescribed for the constitution of a District level Disaster Management Authority. ↩

70. Section 14 (1) DMA, 2005 prescribes for the constitution of State level Disaster Management Authority ↩

71. Section 30 (1) (2) [i-xxix] DMA, 2005 ↩

72. Section 31 (2) DMA, 2005 ↩

73. Section 38 DMA, 2005 ↩

74. Hereinafter referred to as Board ↩

75. Maharashtra Pollution Control Board, Home, https://mpcb.gov.in/introduction, (last visited on 25.05.2021) ↩

76. Id ↩

77. Maharashtra Pollution Control Board, Annual Report 2018-2019, www.mpcb.gov.in, (last visited on 25.05.2021) ↩

78. ENVIS Centre, State of Maharashtra, Status of Environment and Related Issues, Directorate of Environment, Govt of Maharashtra, http://mahenvis. nic.in/, (last visited on 25.05.2021) ↩

79. Id ↩

80. All India Institute of Local Self Government, United Nations Children’s Fund, Maharashtra Pollution Control Board, and Urban Development Department, Government of Maharashtra, “Response and Preparedness during COVID-19 times on Risk Communications and Infection Prevention, Control on Environment Sanitation, and Waste Management in the cities of Maharashtra”, June 2020 ↩

81. Supra Note 125 ↩

82. See note 179. ↩

83. Ministry of Housing and Urban Affairs, Government of India, “Safe Management of Water Supply and Sanitation Services During Covid-19 Crisis”, http://mohua.gov.in, (last visited on 25.05.2021) ↩

84. World Health Organisation, “Guide to Local Production: WHO-recommended Handrub Formulations”, www.who.in, (last visited on 25.05.2021) ↩

85. Supra note 177 ↩

86. Bio-Medical Waste Management Rules, 2016, § 3 (f) ↩

87. Bio-Medical Waste Management Rules, 2016, § 3 (m) ↩

88. Id ↩

89. Bio-Medical Waste Management Rules, 2016. These Rules are drafted by the Central Government in exercise of the powers granted to them under Sections 6, 8, and 25 of the Environment Protection Act, 1986 (29 of 1986). ↩

90. Supra note 182 ↩

91. World Health Organisation, “Coronavirus disease (COVID-19): How is it transmitted?”, www.who.int, (last visited on 26.05.2021) ↩

92. Datta, Priya et al. “Biomedical waste management in India: Critical appraisal.” vol. 10,1, 6-14, Journal of Laboratory Physicians (2018) ↩

93. Infra note 204 ↩

94. Hereinafter referred to as Corporation ↩

95. Supra note 182 at p 63 ↩

96. Guidelines for Handling, Treatment and Disposal of Waste Generated during Treatment/Diagnosis/ Quarantine of COVID-19 Patients, Revision 4, 17.07.2020, Central Pollution Control Board ↩

97. Municipal Solid Waste Management, MahaEnvis, http://mahenvis.nic.in, (last visited on 30.05.2021) ↩

98. Ilyas, S., Srivastava, R. R., & Kim, H. (2020), “Disinfection technology and strategies for COVID-19 Hospital and Bio-medical Waste Management”, 749, The Science of the Total Environment, 141652, (2020) ↩

99. The above amendments to the working of the facilities is made in line with Section 5 of Bio-Medical Waste Management Rules, 2016. Section 5 highlights the “Duties of the Operator of a Common Bio-Medical Waste Treatment and Disposal Facility”. ↩

100. This change is made in accordance with the guidelines issued by the CPCB on 27th March 2019. ↩

101. Wang J, et.al, “Disinfection Technology of Hospital Wastes and Wastewater: Suggestions for Disinfection Strategy during Coronavirus Disease 2019 (COVID-19) Pandemic in China”, Environ. Pollution, 2020;262 ↩

102. See also, supra note 198 ↩

103. Maharashtra Pollution Control Board, www.mpcb.gov.in, (last visited on 30.05.2021) ↩

104. Kiran Pandey and Lalit Maurya, “Slumming It Out”, Down to Earth, www.downtoearth.org.in, (last visited on 31.05.2021) ↩

105. “Improving Health, WASH and Risk Communication for COVID-19 response and control in urban slums”, mpcb.gov.in, (last visited on 31.05.2021) ↩

106. Bishwajeet Besra, Nand Lal Mishra, Mahadev Bramhankar, Akancha Singh, “COVID-19: 4 factors to test how vulnerable slums in 4 big cities are!”, Down to Earth, , www.downtoearth.org.in, (last visited on 31.05.2021) ↩

107. Surya B, Saleh H, Suriani S, Sakti HH, Hadijah H, Idris M, “Environmental Pollution Control and Sustainability Management of Slum Settlements in Makassar City, South Sulawesi, Indonesia”, Land, 2020; 9(9):27 ↩

108. Supra note 208 ↩

109. Id ↩

110. Water, Sanitation, and Hygiene ↩

111. Risk Communication and Community Engagement ↩

112. Integrated Pollution Control ↩