LI Network
Published on: October 23, 2023 at 12:53 IST
The Supreme Court has reaffirmed a significant decision made by the Madras High Court, which imposed a ban on the usage of reinforced paper cups introduced in Tamil Nadu back in 2019, citing the state government’s commitment to public welfare.
Justices S Ravindra Bhat and PS Narasimha, constituting the bench, took note of the findings from the Indian Institute of Technology (IIT), which originally led to the imposition of this ban.
The IIT report highlighted the adverse environmental impact of reinforced paper cups, as their production involves increased tree cutting and the recycling process contributes to pollution.
The Supreme Court’s ruling emphasizes the scientific basis for the ban and the state government’s decision to prohibit various categories of single-use plastic products, all in the interest of the public and environmental well-being.
The bench stated, “Given that there is a 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 grounds of merits of the ban.”
The appellant’s argument that the ban is overly broad and disproportionate was dismissed by the apex court. The court acknowledged that the ban does restrict the appellant’s rights under Article 19(1)(g), but it stressed that in the broader context of ensuring a pollution-free environment for the general public, the restriction was reasonable and, therefore, upheld as per Article 19(6) of the Constitution of India.
However, the Supreme Court directed the Tamil Nadu Pollution Control Board (TNPCB) to re-evaluate the ban on non-woven bags, considering the amended Plastic Waste Management Rules of 2016.
The court noted that non-woven bags have some degree of reusability, and their composition, particularly the proportion of polypropene and filler used in their manufacture, can be customized.
This decision was the result of a petition filed by the Tamil Nadu and Puducherry Paper Cup Manufacturers Association, challenging a Madras High Court order that dismissed their plea against a government directive banning the production, storage, supply, transport, sale, distribution, and use of one-time use and throwaway plastics.
It’s worth noting that paper cups typically have a lining made of wax or plastics, which has raised environmental concerns.
