Balancing Digital Rights with Environmental Sustainability: A Move Towards Climate Justice

Authors

DOI:

https://doi.org/10.15294/lslr.v8i2.13679

Keywords:

E-waste, digital technology, climate change, digital rights, environmental right

Abstract

The rapid growth of digital technology has profoundly impacted both human lives and the environment. According to the 2024 Digital Economy Report: Shaping an Environmentally Sustainable and Inclusive Digital Future, India’s global share of screens, computers, and small IT and telecommunication (SCSIT) waste has increased from 3.1% in 2010 to 6.4% in 2022. The United Nations Conference on Trade and Development (UNCTAD) also reported a 163% increase in India’s generation of electronic waste from SCSIT. E-waste, due to the presence of hazardous materials like heavy metals, lead, and mercury, poses significant environmental and health risks, necessitating proper disposal methods. A key challenge is the growing reliance on digital technologies for essential services, such as e-commerce and e-banking. The expansion of human rights to include digital rights has created a conflict between the freedom of expression and the duty to protect the environment, especially regarding climate change. This article explores the extent of dependency on electronic devices, purchasing patterns, and attitudes toward responsible e-waste disposal and recycling. It examines the effectiveness of India’s current legal and policy framework for e-waste management, focusing on the informal sector’s recycling practices, which pose additional risks. Using empirical data collected from working professionals, students, and homemakers, the study finds that while electronic device ownership is widespread, with most respondents owning more than five devices, e-waste disposal practices are largely irresponsible. Discarded devices are often stored rather than recycled or sold to authorized collectors. This indicates a lack of awareness, resources, and proper infrastructure. The findings underscore the need for a comprehensive policy framework that mandates responsible usage and disposal, empowers municipalities with necessary resources, and penalizes illegal recycling practices.

Author Biographies

  • Varun Chhachhar, Faculty of Law, University of Lucknow

    Author is an Associate Professor in Faculty of Law, University of Lucknow and has a teaching experience of more than 14 years. He was also member of Uttar Pradesh Council for Higher Education, Govt. Of Uttar Pradesh. He is also Director, Dr. Shankar Dayal Sharma Institute of Democracy, University of Lucknow and Director, RTI Cell, University of Lucknow. He has previously worked on a project and drafted a policy paper ‘Regulation for Uttar Pradesh Board for Municipal Financial Resources’ for Govt. of Uttar Pradesh on E-Governance. He is presently working on a major research project form ICSSR on “Role of Public Policies in better Environmental Management of Municipalities in the State of Uttar Pradesh with special reference to Smart Cities of the State”. His area of research is Access to Justice, Constitutional Law, Right to Information, Environment Law & Climate Justice. He has authored and edited 7 books, contributed 14 book chapters, published 26 research papers in National & International Journals, presented 50 papers and participated in 63 National and International Conferences.

  • Niharika Kumar, Faculty of Law, University of Lucknow

    The co-author is an Assistant Professor in Faculty of Law, University of Lucknow and has a teaching experience of more than 7 years. Her area of research pertains to LGBTQ+ studies, International Law, and Environmental Law. She has completed her B.A.LL.B. (Hons.) and LL.M. (Bronze Medallist) from Dr. Ram Manohar Lohiya National Law University, Lucknow. She has completed her Ph.D. from Faculty of Law, University of Lucknow on the critical issue of Transgender Rights. She has published 12 articles in National and International Journals, contributed 6 book chapters, delivered 3 talks on national radio, delivered 4 talks in IGNOU and other institutions, and has presented 6 papers in various National and International conferences. She is presently working as co-director on ICSSR major project on “Role of Public Policies in better Environmental Management of Municipalities in the State of Uttar Pradesh with special reference to Smart Cities of the State.”

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Published

2024-11-30

Article ID

13679

How to Cite

Balancing Digital Rights with Environmental Sustainability: A Move Towards Climate Justice. (2024). Lex Scientia Law Review, 8(2), 637-676. https://doi.org/10.15294/lslr.v8i2.13679