Plastic Ban Laws

Introduction

If you take a moment and look a round, you will soon realize that we are partially dependant on plastic products or up-to to an extent fully. For the three decades, it has become an integral part of our lives. Plastics are non-biodegradable and possess in the environment for a long time. Normally, Plastic material can take up to 1000 years to decompose in landfills which is 10 times the life of a human being. But the plastic bags we use in our daily life can take 10-20 years to decompose whereas plastic bottles can take up to 450 years. That means plastic production is directly proportional to environmental degradation. Banning plastics and finding an alternative solution like paper bags or cloth bags is the solution for this alarming situation. The plastic has undeniable benefits but overuse of everything is poisonous. We are unable to deal with the plastic waste we have already generated. Large amounts of single-use plastics are improperly discarded in the environment, in dumpsites, or burned out of necessity as cooking fuel, especially in countries with nor enough waste management systems and limited public awareness.

Single-Use Plastic

Single-use plastics also referred to as disposable plastics, are usually used for plastic packaging and include items intended to be used only one time before they are thrown away or recycled. These include among other items like grocery bags, food packaging, bottles, Cups, containers, and cutlery. Single-use plastic or disposable plastics are used only once before they are recycled or thrown away. Like straws, coffee stirrers, soda and water bottles, and most food packaging.

Law and Latest Amendment

On India’s 73rd Independence Day, Prime Minister Narendra Modi appealed to the citizen to make the country free all the type of of single-use plastics (SUP)  and to work towards this mission wholeheartedly. The Plastic ban act on October 2, 2019, did not live up to the hype which is created by the government. Although the government of India has made it clear that they never meant to ban single-use plastics(SUP) Insisted of banning plastic government wanted to raise awareness and push awareness for recycling.

The draft Plastic Waste Management Rules, 2021 was issued by The Ministry of Environment, Forest, and Climate Change (MoEF&CC) and it has necessitated a few changes in the country’s handling of its plastic waste.

What are the 2021 rules? 

1. The rules have proposed to ban the manufacture, use, sale, import, and handling of some single-use plastic items on a ‘pan India basis.
2. The provisions will also apply to ‘multi-layered packaging’ – involved extensively in e-commerce and delivery services- but will exempt packaging used for imported goods.
3. They shall apply to every waste generator, local body, Gram Panchayat, manufacturer, Importers, and producer as well as ‘brand-owner and “plastic waste processor (recyclable, co-processor, etc.)
4. Thermosets and Thermoplastic are the two type of plastic will also fall within the ambit of these rules.
5. These provisions law will, however, not apply to commodities (including carrying bags) made of compostable plastic material, according to the rules.

The draft is proposed to be implemented in three stages starting this year and lead up to mid-2022.

Stage I

The first set of rules for plastic bags have been proposed that each sheet of non-woven plastic carry bag shall not be less than 60 (GSM per square meter) or 240 microns in thickness and a carry bag made of virgin or recycled plastic shall not be less than 120 microns.

Stage II

The second stage of the proposed rules affects banning the sale, use, manufacturing, stocking, import, and distribution of six categories of items that use single-use plastic including earbuds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene (thermocol) for decoration.

Stage III

The third and final stage, contain the list banning item include the single-use plastic plates, cups, glasses, cutlery such as forks, spoons, knives, trays, wrapping/packing films around sweet boxes; invitation cards; cigarette packets, plastic/PVC banners less than 100 micron and stirrers.

identified single-use plastic items under Plastic Waste Management (PWM) Rules, 2016, (iii) engagement with central ministries, State Governments, Local Bodies for better enforcement and wider penetration of alternatives to single-use plastic items, (iii) engagement with industry and industry associations for assistance and capacity building, and (iv) strengthening of institutional mechanism for enforcement of PWM Rules. Already under Plastic Waste Management Rules, 2016, plastic carry bags and sheets less than fifty microns in thickness have been prohibited. There is a complete ban on sachets using plastic material used for storing, packing, or selling gutkha, tobacco, and pan masala. Further, the single-use plastic items to be phased out by 2022 have been identified based on the report of the Expert Committee constituted by the Department of Chemicals and Petrochemicals on ‘Single Use Plastic’.

Questions which rise against Environment, Forest And Climate Change 12.2.2021[1]

[1] Source – http://164.100.47.194/loksabha/Questions/QResult15.aspx?qref=20659&lsno=17

• whether the Government has formulated a road map to meet the 2022 deadline for eliminating single-use plastic in accordance with its 2018 World Environmental Day pledge;
• if so, the details thereof;

Ans. (a) to (b): A multi-pronged strategy has been adopted for implementing the announcement of the Honorable Prime Minister on World Environment Day in 2018 to phase out Single-use plastic (SUP) by 2022. The strategy comprises of (i) Awareness generation and behavioral change, (ii) regulatory regime for phase-out of identified single-use plastic items under Plastic Waste Management (PWM) Rules, 2016, (iii) engagement with central ministries, State Governments, Local Bodies for better enforcement and wider penetration of alternatives to single-use plastic items, (iii) engagement with industry and industry associations for assistance and capacity building, and (iv) strengthening of institutional mechanism for enforcement of PWM Rules. Already under Plastic Waste Management Rules, 2016, plastic carry bags and sheets less than fifty microns in thickness have been prohibited. There is a complete ban on sachets using plastic material used for storing, packing, or selling gutkha, tobacco, and pan masala. Further, the single-use plastic items to be phased out by 2022 have been identified based on the report of the Expert Committee constituted by the Department of Chemicals and Petrochemicals on ‘Single Use Plastic’.

• whether the guidelines issued by the Government mandate the States and Union Territories to phase-out single-use plastic by 2022 and if so, the details thereof; and

Ans. (c) The Ministry had also issued “Standard Guidelines for Single-Use Plastic” on 21st January 2019 to all States/UT and Ministries. The Standard guidelines entail waste management system improvements, legal options for States/UT to prohibit SUP items through regulatory measures, eco-friendly alternatives, social awareness, and public education. The guidelines also included measures to be taken by government offices. 32 States/UT have issued notifications/orders introducing regulations pertaining to complete or partial ban on plastic carry bags and/or identified single-use plastic items details are annexed. CPCB has issued directions under Section 5 of the Environment (Protection) Act, to all States/UT for setting up for institutional mechanism for strengthening enforcement of PWM Rules. Guidelines for assessment of Environmental Compensation for Violation of PWM Rules 2016 have also been issued.

• the steps were taken by the Government to sensitize people against the use of single-use plastic leading to its gradual elimination

Ans. (d) The Government has taken the following steps to sensitize people against the use of single-use plastic leading to its gradual elimination are as follows: –

A three-phase campaign “Swachhta Hi Sewa” was undertaken in 2019 where citizens collected Single-Use Plastic from the houses, streets, etc., and deposited the waste at designated locations for recycling. Further, for spreading awareness among the coastal cities and towns, a beach cleaning drive was also taken up across 50 beaches. Under the National Green Corps (NGC) program of the Ministry, about one lakh schools have been identified as Eco-clubs, wherein, nearly thirty lakh students are actively participating in various environmental protection and conservation activities including plastic waste management. The Ministry and CPCB have held extensive interactions with the industry and industry associations on issues related to phasing out of single-use plastic.

THE GAZETTE OF INDIA: EXTRAORDINARY[2]

2.)The manufacture, import, stocking, distribution, sale, and use of the following single-use plastic commodities shall be prohibited from 1st January 2022:

[2] Source – http://moef.gov.in/wp-content/uploads/2021/03/Draft-Plastic-waste-Notification.pdf

Earbuds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene [Thermocol] for decoration.

(3) the manufacture, import, stocking, distribution, sale, and use of the following single-use plastic commodities shall be prohibited from 1st July 2022:

1. single-use plastic (including polystyrene and expanded polystyrene) items: plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping/packing films around sweet boxes; invitation cards; and cigarette packets, plastic/PVC banners less than 100 micron, stirrers.
2. the above provision shall not apply to commodities (including carrying bags) made of compostable plastic material.

Ban and Its Impact On India

How Are  Foreign Countries Dealing With Plastic

France: France passed a ‘Plastic Ban’ law in 2016 to fight the growing problem of plastic pollution in the world which states all plastic plates, cups, and utensils will be banned by 2020. France is the first country to ban all the daily-usable products that are made of plastic. The added benefit of this law is that it also specifies that the replacements of these items will need to be made from biologically sourced materials  vc v vb law aims at cutting the usage of plastic bags in the country by half by 2025.

China: The country instated a law in 2008 to deal with its growing plastic woes. China made it illegal for stores (small or big vendors) to give out plastic bags for free. It also said that owners should start charging the consumers for the plastic bags and allowed them to keep any profit they made for themselves. As a result, after two years of the law implementation, usage of plastic bags dropped by a whopping 50%. That means around 100 billion plastic bags were kept out of landfills.

Ireland: Ireland is the perfect example that shows how one can get rid of the ubiquitous symbol of urban life – Plastics. The country passed a plastic bag tax in 2002 – that means that consumers would have to purchase bags. It was so high that within weeks of its implementation there was a reduction of 94 percent in plastic bag use. And, now plastic bags are widely unacceptable there

Why it’s ineffective in India?

Currently, in India, there is only one law that is in place – No manufacturer or vendor can use a plastic bag that is below 50 microns as thinner bags pose a major threat to the environment due to their non-disposable nature. The usage of plastic bags is still high as the ban is not implemented on all plastic bags.

Many big brands and vendors have started charging the customers for the poly-bags to commercially discourage them, but it is so far not been effective as there is no law or guidelines that says shopkeepers should charge money from the customers for the poly-bag.

National Green Tribunal in Delhi NCR introduced a ban on disposable plastic like cutlery, bags, and other plastic items amid concern over India’s growing waste. The ban came into effect on January 1, but, till now nothing has been done by the government. As a result, the production and usage of plastic persist in large amounts and India continues to be the top four producers of plastic waste in the world.

Currently, cities including Delhi, Mumbai, Karwar, Tirumala, Vasco, Rajasthan, Kerala, Punjab, and now Madhya Pradesh to name a few have the ban on plastic bags in place. But, its enforcement and effective implementation is an issue.

How to get rid of the plastic menace? 

1. Leading a grassroots movement to support the adoption of a global framework to regulate plastic pollution.
2. The only way to keep single use plastic out of the air, water, and soil is to radically rethink its design, uses, sale, and disposal
3. Educating, mobilizing, and activating citizens across the globe to demand that governments and corporations control and clean up plastic pollution.
4. Educating citizens or people worldwide to take personal responsibility for plastic pollution by choosing to reject, reduce, reuse and recycle plastics.
5. Promoting local government regulations and other efforts to tackle plastic pollution.

Alternative solution

The main issue regarding plastics is the waste management problem. We alarmingly need an alternative solution for plastics.

A thorough analysis of the alternatives versus their carbon footprint as compared to SUP needs to be done to push for any kind of alternative. For instance, kulhad cups baked in kilns, cotton bags sourced from virgin cotton, have a higher environmental footprint than plastics. Also, options of giving enough time of transition to industry along with tax rebates for alternative industry need to be explored. In the present context, jute and up cycled cloth bag, wooden and bamboo cutlery, glass, leaf-based plates, and metal containers, etc. are some of the immediate alternatives available

Suggestion 

1. Government should work on the technology of making plastic material more than the ways to reduce plastic existence in our environment.
2. For future perspective, there must be work on kind of technology which will affect on the life span of plastic. Like- if plastic is taking the time of 100 years to decompose in the environment, the government can work on developing such technology which can reduce the life of plastic at the minimalist level.
3. Small Plastic material, which sometimes gets eaten by animals can take the life of an innocent animal. So the plastic should be non-toxic elements and have the feature that it gets out without doing any harm to animals.
4. Government can take a step in which the alternative of plastic has minimum tax rate, cheap price, and easy availability and also increase in price and tax rate of plastic products so the demand and use of plastic will decrease.
5. Plastic components which cannot be recycled should be ban to manufacture and development in the state. So recyclable plastic help to reduce the production of new plastic material in the Industrial Sector

CASE LAW

1. Kavin vs The Secretary To Government on 20 June 2019
2. Jarnail Singh Anr vs Union Territory Chandigarh Anr on 8 August 2013
3. Vasundhara Menon vs The Union Of India on 16 February 2021
4. R.Chemicals vs Union Of India & Anr. on 23 August 2016
5. Uma Shankar Singh vs The State Of Bihar & Ors on 1 October 2018