Introduction:
India’s swift advancement in digital technology has led to a level of connectivity never before known, which has unfortunately also led to a monumental environmental disaster. India is now the third largest producer of e-waste (electronic waste) globally, after China and the USA.[1] With both the growth in smartphone ownership and the decline of product lifespans, the country is projected to produce 1.75 million metric tonnes of e-waste during the financial year 2023-2024—an increase of 73% compared to the past five years.
Only approximately 43% of this waste will be formally recycled and about 990,000 metric tonnes will either be left unprocessed, or will be processed by unregulated informal sectors.[2] The consequences of this increase in e-waste are becoming increasingly characterised by their deep-rooted “invisible impacts”; (e.g. unseen cellular damage caused by exposure to e-waste) and by the treatment of those who work in the informal sector, who remove the remains of our digital lives.
This ever-growing amount of pollution has been made possible by a fractured legal system, unable to reconcile widespread and rapid consumption (or over-consumption) with environmental justice.
The Toxicology of Invisible Harm:
There is great environmental and biological impact from electronic waste due to its chemical complexity, with over 1000 different chemical components. It is also highly toxic, persistent and bio-accumulating.
Approximately 90% to 95% of India’s e-waste is disposed of through an informal sector and typically undergoes unscientific and hazardous recycling processes such as open burning of cables and use of acid baths for component extraction. These primitive extraction processes release hazardous pollutants such as dioxins, furans, heavy metals (lead and mercury), PCBs (polychlorinated biphenyls) into the air, soil and ground water.
A primary example of this problem is that there are extremely high levels of copper in the ground water around e-waste dumping sites in Delhi. For instance, a study showed that the levels of copper were 1.465mg/liter which is 29 times greater than the level deemed safe.
Besides the extremely damaging environmental impact, e-waste is causing significant harm to humans. Research shows that 76% of e-waste workers in India have respiratory problems due to the unsafe nature of their working conditions.[3]
Furthermore, workers in recognized informal recycling communities such as Seelampur in Delhi and Moradabad in Uttar Pradesh are suffering seriously from chronic lung conditions, neurological disorders and DNA damage.
Research conducted by Indian Institute of Toxicology Research (IITR) shows that lead levels in the blood of informal e-waste workers are frequently more than ten times beyond the limits suggested by World Health Organization.[4]
The Socio-Legal Paradox of the Informal Sector:
India’s poor e-waste disposal is directly linked to the social and economic conditions of the informal economy. An informal economy consisting of a network of scrap dealers, segregators and dismantlers drives the e-waste recycling process. This model is effective at collecting, through door-to-door collection and immediately paying cash to customers.
However, e-waste recyclers who operate in the informal economy work in a legal “grey market” that lacks basic safety standards, access to health care, and state recognition.
The e-waste recycling process employs large numbers of workers from marginalised communities (such as women, Dalits and rural migrants), and they face “double marginalisation” because they perform a critical environmental service, but do not have access to the kinds of workplace protections or opportunities afforded to workers in the formal economy. E-waste recyclers are subject to extreme hazards in the workplace but are not eligible to participate in state welfare policies and programmes, such as the Unorganised Workers Social Security Act, 2008 (UWSSA).[5]
Their labour is also negatively impacted by policies that have sought to punish and marginalise the informal economy, rather than integrating it into the formal economy. Therefore, not only are e-waste recycling workers losing their livelihood due to these policies, but the continuation of these harmful policies does not result in decreased e-waste pollution.[6]
Statutory Evolution and Gaps: The 2022 Rules:
As part of its effort to streamline the regulatory environment, the Indian government has established E-Waste Management), which replaces the earlier E-Waste Management Rules set out in 2016. One of the main aspects of these new rules is that they ensure that the Extended Producer Responsibility (EPR) system is updated and require manufacturers/producers to dispose of waste at end of life. The rules require manufacturers/producers to register with a centralised online portal created by the Central Pollution Control Board (CPCB). All transactions will be conducted electronically (digital) and therefore, they will present evidence in support of recycling-compliance through such transactions.[7]
Despite these advances and changes, there remain structural problems. The E-Waste (Management) Rules 2022 have also removed definitions specific to standalone “collection centres” and have therefore categorised them under the broader definition of third-party collection entities. This creates a burden for consumers who do not have sufficient knowledge of how they are able to access authorised waste-disposal& nbsp; channels. Furthermore, the requirements of the existing EPR system only require the recovery of four bulk metals – gold, copper, iron, and aluminium – and completely overlook important and strategic rare earth minerals, including lithium, neodymium, and dysprosium.[8]
There is also a lack of transparency in India’s EPR Portal. Data on the non-compliance penalties are not publicly available, meaning that small-scale manufacturers and importers from the grey market operate outside of regulation. In comparison to the EU’s WEEE Directive, which combines take-back systems with circular, “Safe by Design” principles, India focuses almost entirely on end-of-pipe recycling targets without providing any incentive to manufacturers for producing environmentally friendly products.
Infrastructural Failure and NGT Interventions:
Recycling facilities in India are not evenly distributed across the country; the recycling industry is lacking a strong regulatory framework that ensures the trust and confidence of end-users. A comprehensive socioeconomic analysis carried out by the NGT estimated that, in 2026, there were approximately 500 million e-waste workers and only 20-40% of e-waste was formally recycled, suggesting that the vast majority of e-waste remains unaccounted for in India.
A landmark report released by the NGT in 2026 revealed that there are no formal recycling facilities in 17 states and Union Territories, including the national capital Delhi. However, Delhi generates more than 9.5% of the total amount of e-waste in India (23 lakh metric tons) and must rely exclusively on inter-state agreements to dispose of their waste.[9]
By contrast, Uttar Pradesh and Karnataka, which are both states with heavy concentrations of recycling facilities (106 and 101, respectively), have significant amounts of waste that are not recycled. The NGT has pointed out this lack of infrastructure and tracking that would prevent e-waste from leaking back into informal waste recycling clusters.
Digital Pollution: The Energy Externality:
Digital pollution in India involves more than simply discarded /abandoned physical hardware. In addition to the physical waste that results from outdated hardware, we cannot ignore the environmental impact of the digital infrastructure itself. Data centres, which enable artificial intelligence (AI) as well as cloud computing (CC), consume large quantities of both electricity and water.[10]
As India’s power grid is still predominantly dependent on fossil fuels, the digital consumption carbon footprint is disproportionately high. The annual estimated per capita greenhouse gas (GHG) emissions attributable to digital use in India alone is approximately 327 kg CO2-eq; which is significantly higher than global averages. Thus this aspect of energy is invisible and, as such, will extend the narrative of a clean and green digital economy. The negative impact of resources used to maintain virtual environments is contrary to India’s climate policy.
Conclusion: The Path to Digital Justice:
India’s digital development must take into account its ecological and public health. To properly address the unseen risks of e-waste, India needs to develop a new regulatory approach to include high-tech circularity and not only ensure paper compliance.
A large part of this entails including the informal sector in order to provide formal access to training, safety gear and social security for workers, while employing “Mandi-style” aggregation models that help link street-level collection with formal hydrometallurgical recycling.
Moreover, the government must urgently broaden the EPR legislation to require the recovery of critical minerals and mandate the requirement for public transparency and mandate that Colombia provide public reports on the CPCB portal. Without the legal and economic systems recognising the material reality of hazardous waste and the human reality of marginalised workers, the digital revolution in India will continue to create a dangerous and unseen legacy.
Author(s) Name: Ruturaj Samadhan Gaikwad (Manikchand Pahade Law College, Chhatrapati Sambhajinagar)
References:
[1] Laxmi Kant Bhardwaj and others, ‘Exploring the effects of e-waste on soil, water quality and human health’ (2025) 2(1) Discover Civil Engineering 12.
[2] Shri Dhirendra Newar and Stuti Deka, ‘From Toxic Trash to Green Governance: Legal and Policy Dimensions of E-Waste Regulation in India’ (2025) 11(5S) International Journal of Environmental Sciences 418.
[3] Somnath Gangopadhyay and Debleena Ghosh, ‘Informal e waste management: an Indian perspective’ (2024) 18(1) Journal of Prevention & Ergonomics 20.
[4] ‘The hidden dangers of e-waste: A toxic threat to health and the environment’ The Times of India (22 May 2025).
[5] Anoushka Jha, ‘Economy on the margins: Risks and exclusion of informal sector e-waste recyclers in policy and practice’ in Global Information Society Watch 2020: Technology, the environment and a sustainable world (Association for Progressive Communications 2020).
[6] Pooja Pandey and Madhav Govind, ‘Socio-technological challenges in formalization of E-waste recycling in India’ in Handbook of Electronic Waste Management (Elsevier 2019).
[7] Uday Kiran, ‘E-Waste Rules: 2016 vs. 2022 Overview’ (Scribd, 2 August 2025).
[8] ‘Toxics Link study Finds a Long Road to Circularity in India’s E-waste EPR Model’ ELE Times (19 February 2026).
[9] Central Pollution Control Board, ‘Action Taken Report in Compliance of the Hon’ble NGT Order Dated 14.11.2025 in Execution Application No. 4/2024’ (February 2026).
[10] Lucas Moreau and others, ‘Invisible Pollutants Revisited: A Review of Emerging Environmental Risks from Digital and Electronic Waste’ (2025) 14(4) World Journal of Environmental Biosciences 19.