Critical Analysis Of India’s Battery Recycling Policy In Light Of Government’s Electrification Measures

Ganesh Chandran, Tamil Nadu National Law University

ABSTRACT

India as a country is one which suffers a massive problem, especially associated with environmental pollution caused by means of personal means of transport such as cars and motorcycles. India’s large population results in millions using personal transport, running on polluting fossil fuels such as petrol and diesel. The government has tried many measures in order to cut down on such pollution, and one such measure has been the constant push for electrification of the transport industry. This initiative has massively obtained support from the public due to the massive rise in petrol prices, which makes the relative expense of electricity reasonable for the average person to substitute their fossil – fuel powered vehicle.

But it is to be clearly seen on how this short term effort at reducing pollution easily ignores the pollution which could be made possible by batteries used for powering such electric vehicles. Indian laws have usually been silent on battery laws, with 2022 being the year where lithium ion batteries were being included into Battery Rules, with rules regarding disposal and recycling being clearly stated. Even otherwise, there is a massive lapse in policy regarding disposal of batteries of electric vehicles. Considering the massive push by both Central and various State Government, along with a massive demand by the public for electric vehicles, it makes it important for policies to be inclusive of recycling and disposal of electric vehicles.

Another important element which effects the applicability of such electric policy is the idea that onus of recycling batteries lies on the manufacturer. But the Indian Electric Vehicle Market is run by cheap Chinese Branded Scooters, where Indian Importers just buy Chinese Scooters in Bulk and sell in India, with no sales or services provided to the consumer. This creates a situation where there are no manufacturers, but there exists sellers who have no obligation to take back batteries and recycle them, essentially making the existing disposal and recycling policy ineffective. Hence, the remedy for such issue is also to be seen.