HC for ban on all kinds of plastics in market

A division bench comprising Justice S Vaidyanathan and Justice PT Asha while dismissing a plea moved by Tamil Nadu and Pondy Plastic Association, said “This bench is of the view that the government shall consider phasing out of plastic of any kind in the market including the plastic that have been referred to in proviso to directions 1(b) of the Government Order before the end of 2019.”

The proviso referred in 1(b) included the plastic carry bags manufactured exclusively for export purpose, plastic bags which constitute or form an integral part of packaging in which goods are sealed prior to use at manufacturing/processing units, plastic bags and sheets used in forestry and horticulture nurseries, plastic used for packing of milk and milk products, oil, medicine and medical equipment and carry bags made from compostable plastics bearing a label ‘compostable’ and confirming to the Indian standard.

The petitioner had submitted that by reason of the GO, no industry or person can manufacture, store, supply, transport, sell or distribute plastic items.

However, the bench in its order held that, “a reading of the impugned GO would clearly show that the ban is effective only with reference to ‘use and throwaway plastic’. Proviso to direction 1(b) of the GO gives five exemptions of plastic that can be used. Further, explanation of the GO also specifies what ‘use and throwaway plastic’ means. Therefore, the grievance of the petitioner appears to be unfounded.”

The bench then directed the registry to list the case on January 02, 2020 for reporting compliance of eradication of entire plastics in the state.