Gauhati High Court says single use plastic ban not absolute, making biodegradable plastic products allowed

“The restriction, thus, on the manufacture of cups, plates, cutlery, etc., is not absolute and the only restriction which has been imposed under the Rules (Plastic Waste Management Rules, 2016), for ecological preservation, is that the plastic used in such production/manufacture should be compostable or biodegradable,” the order read.

The high court further observed that this restriction is absolutely reasonable and cannot be said to be violative of the fundamental right to carry on trade or business.

In its January 21 order, the court noted that the petitioners pointed out that their products were manufactured only from biodegradable plastics and held that the said rules did not adversely affect their business and closed the petition as “academic”.

Findings

• It was noted that rule 4 of the Rules of 2016 indicates that plates, cups, glasses, cutlery, such as forks, spoons, knives, straws, trays, wrapping or packing films around sweet boxes, invitation cards, and cigarette packets are prohibited from being manufactured, imported, stocked, distributed, sold or made use of.
• It was also highlighted that the provisions of Rule 4 further clarify that this ban should not apply to the commodities made of compostable plastic and biodegradable plastic.
• The dictionary meaning of “compostable plastics” suggests plastics that undergo degradation by biological process during composting to yield carbon dioxide, water, and other inorganic compounds, excluding conventional petro-based plastics, and do not leave visible, distinguishable or toxic residue.
• “Biodegradable plastics” means plastics, other than compostable plastics, which undergo degradation by biological processes under ambient environment (terrestrial or in water) conditions, without leaving any microplastics, visible, distinguishable or toxic residue.
• It was also noted that the biodegradable plastics have no adverse environmental impacts and adhere to the guidelines of the Bureau of Indian Standards and are certified by the Central Pollution Control Board.

‘Absolute ban lasting impacts’

• Representing the petitioners, advocate O P Bhati argued that the absolute ban is arbitrary and discriminatory, claiming their products are recyclable, which could be managed through existing waste systems.
• He mentioned that, yet, the rule under the Plastic Waste Management Rules, 2016, singles them out, while allowing other similar or even non- recyclable plastics.
• It was further submitted that a complete ban on manufacturing single-use plastic products will render the investments of his clients obsolete.

• Bhati highlighted that this can significantly affect his client, leading to financial ruin, forcing plant closures, affecting the job opportunities of various skilled and unskilled workers, without providing any transitional support or alternatives.
• He also emphasised that the manufactured products of his clients should not fall in the category of banned single-use plastic, considering the littering capacity, collectability and recyclability of those products.