LIJDLR

TOWARDS A CIRCULAR ECONOMY: LEGAL GOVERNANCE OF END-OF-LIFE VEHICLES IN INDIA

K.M.Nanditha, Assistant Professor at ISBR Law College, Bengaluru, Karnataka (India)

Aswath Reddy M, Assistant Professor at Patel Law College, Bengaluru, Karnataka (India)

The growth of urban areas in India and the increased ownership of motor vehicles, has led to a large number of end-of-life vehicles (ELVs) being produced, creating a serious issue for urban waste management and environmental governance, if these ELVs are not effectively regulated, they can cause serious environmental damage, risk to public health and wastage of resources when disposed of, particularly within densely populated urban centres where most ELVs are dismantled by informal operators. This research paper will conduct a critique and examination of the legal and regulatory framework associated with ELVs in India in order to identify opportunities to integrate principles of circular economic into the management of ELVs to create sustainable governance throughout all stages of the life cycle of a vehicle. Utilising a doctrinal research methodology the study will review and address constitutional provisions; the environmental jurisprudence developed from Article 21 of the Constitution of India and relevant key pieces of legislation such as Environment (Protection) Act; Motor Vehicles Act; Hazardous and Other Wastes Rules; E-Waste Rules and policy instruments such as the National Vehicle Scrappage Policy; the proposed circular economy frameworks from NITI Aayog. The review of laws, regulations and policies will highlight key regulatory gaps in governing ELVs, including the lack of ELV specific legislation, dominance of formal recycling sector, weak law enforcement mechanisms, poor implementation of extended producer responsibility and limited inter-agency cooperation. This article presents a holistic legal system concerning circular economy principles; thus, it emphasizes establishing dedicated ELV legislation, improving EPR obligations and formalising informal recycling systems. It further discusses enhancing co-ordination of institutional mechanisms and consumer driven incentives to encourage environmentally responsible disposal practices. Finally, the research has demonstrated that an integrated ELV regulation frameworks combined with legally binding circular economy frameworks create urban waste challenges opportunities to increase resource efficiency and foster sustainable development.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 1135–1165.
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