The Supreme Court has dismissed a petition, which challenged a Tamil Nadu government order banning manufacture, storage, supply, transport, sale, distribution and use of one time use-and-throwaway plastics.
The Bench of Justice S. Ravindra Bhat and Justice P.S. Narasimha further directed the Tamil Nadu Pollution Control Board to review the ban imposed on non-woven bags, in light of the amended rules.
The order was passed on a petition filed by the Tamil Nadu and Puducherry Paper Cup Manufacturers Association against the Madras High Court verdict of July 11, 2019, which upheld the ban imposed by the state government on ‘reinforced’ paper cups and non-woven plastic bags.
The Apex Court observed that there was some merit in the appellant’s contention, given that the amended 2016 Rules now allowed non-woven bags above 60 GSM to be manufactured and used.
It pointed out that the Central government had found a way to regulate, rather than ban non-woven bags. If a less onerous restriction on the appellant’s Article 19(6) right was possible, it must be favoured, ordered the Bench.
As per the Apex Court, the question of including non-woven bags within the single use plastic products ban could be reconsidered by TNPCB, in terms of amendment to the 2016 Rules.
Regarding reinforced paper cups, the Bench relied on the report of the 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 its recycling would cause more pollution.
The Apex Court further noted that the reinforced paper cups were indiscriminately used and thrown as a single use product, often to drink a warm beverage.
It said by the composition itself, these cups were non-biodegradable and there was immense difficulty in their recycling, as it required appropriate collecting mechanisms and strict segregation.
The top court of the country said that the state government’s policy decision to ban numerous categories of single use plastic products had a scientific basis and was also in public interest. Therefore, there was little room or reason for this court to interfere on the grounds of merits of the ban, it added.
Noting that though the manufacturer’s right under Article 19(1)(g) has been restricted, but in the larger interest of the general public to enjoy a pollution-free environment, the Court said it found the restriction reasonable as per Article 19(6) of the Constitution of India, and therefore, it was upholding the High Court order.