Tamil Nadu Plastic Ban: Madras HC suggests expanding scope of ban to all Plastics

A Division Bench of the Madras High Court yesterday dismissed a petition challenging the Tamil Nadu Government’s recent order banning the use of single-use plastic from January 2019..In the Government Order dated June 2018, the state had announced a total ban on the manufacture, storage, supply, sale and use of ‘use and throwaway plastics’. In turn, the Tamil Nadu Plastics Manufacturing Association moved a petition challenging the state’s power to impose the ban as outside the scope of its jurisdiction..The Association contended that the Environment Protection Act only authorises the Central Government to issue such directions for the closure, prohibition or regulation of any industry, operation or process. It was also pointed out that the corresponding Environment (Protection) Rules, 1986, the Plastic Waste Management Rules, 2016 and the Solid Waste Management Rules, 2016 also do not ban the use of such plastics. Furthermore, it was the Association’s case that there was no scientific basis for imposing the ban. As such, it contended that the ban was in violation of Articles 19, 21, 48A and 51A of the Constitution..Countering their contentions, the State argued that the State had sufficient jurisdiction to issue the ban. It was also pointed out that similar restrictions have been issued in certain neighbouring states as well..The Court, in turn, yesterday upheld the Government Order. While dismissing the challenge to the state-ban on plastics, the Bench of S Vaidyanathan and PT Asha also suggested expanding the ban to all forms of plastic. The Bench held,.“The Government shall, in the long run, consider phasing out plastic of any kind in the market including the plastic that have been referred to in the exempted provision.“.As of now, the following kinds of plastic have been exempted from the state ban..Plastic earmarked for export uses in Special Economic zones and Export oriented unitsPlastic necessary for packaging in manufacturing unitsPlastic required for forestry or horticultural nurseriesPlastic used for packing milk, oil, medicine and medicinal equipmentsCompostable plastics as per prescribed IS or ISO standards.Read the GO banning single-use plastic in Tamil Nadu from 2019: