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Court has noted that alternatives such as leaf products, kora grass, products made of coconut, screw pine, earthen products, steel products, etc are available
The Supreme Court on Friday upheld the Madras High Court decision whereby a challenge to a government order banning manufacture, storage, supply, transport, sale, distribution, and use of ‘one time use and throwaway plastics’, was dismissed.
By said judgment, the High Court had upheld ban on ‘reinforced’ paper cups, and non-woven plastic bags, respectively.
Tamil Nadu and Puducherry Paper Cup Manufacturers Association approached the Supreme Court last year challenging the said order.
A bench of Justices S Ravindra Bhat and PS Narasimha while upholding the ban of reinforced paper cups, has directed the Tamil Nadu Pollution Control Board to consider the case of non-woven bags afresh, in light of the amended rules.
"Given that the amended 2016 Rules now allow non-woven bags above 60 GSM to be manufactured and used, i.e., the Centre has found a way to regulate it, rather than ban it – there is some merit in the appellant’s contention regarding disproportionality. If a less onerous restriction on the appellant’s Article 19(6) right is possible, it must be favoured. In light of the developments in terms of the amendment to the 2016 Rules, this court is of the considered opinion that it would be appropriate, and just, to remand the question of including non-woven bags within the single use plastic products ban, back to the TNPCB for consideration", the judgment adds.
While upholding the ban on paper cups reinforced with plastic coating, the top court has relied on the report of the expert body, Central Institute of Plastic Engineering and Technology, which stated that consumption of reinforced paper cups would be deleterious to the environment as it would lead to cutting of more trees, and the recycling of which, will cause more pollution.
Court further noted that these cups are indiscriminately used and thrown, as a single use product (often to drink a warm beverage).
"By composition itself, they are non-biodegradable, and there is immense difficulty in their recycling, as it requires appropriate collecting mechanisms, strict segregation, to name a few of the challenges. The appellants insisted that that this is a situation of not having an effective collective mechanism, which the local municipal corporations are responsible for as per the 2016 Rules; they also offered to take up the responsibility. However, given that there is scientific basis for the ban, and it is the State Government’s policy decision to ban numerous categories of single use plastic products, in public interest, there is little room or reason, for this court to interfere on the ground of merits of the ban", the division bench has noted.
In this light, court has held the contention that the ban is over inclusive, and disproportionate, could not be made out in relation to reinforced paper cups.
Holding that the manufacturer's right under Article 19(1)(g) has, without a doubt, been restricted; top court has added, but in the larger interest of the general public to enjoy a pollution free environment the restriction is reasonable as per Article 19(6) of the Constitution of India, and is therefore, upheld.
Case Title: TAMIL NADU AND PUDUCHERRY PAPER CUP MANUFACTURES ASSOCIATION vs. STATE OF TAMIL NADU & ORS
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