CHENNAI: The Madras High Court has pulled up the Tamil Nadu Pollution Control Board for its failure to strictly implement the Central rules with regard to the sale and use of plastic materials.
“The Board seeks to shirk its duty and responsibility solely on the ground of want of legislation by the State, which in our considered view, cannot be accepted as the Board is empowered to act in terms of the Central rules,” a Bench comprising Justices D. Murugesan and K. Venkataraman, said, passing orders on a public interest litigation petition.
The failure to implement the rules was obvious: it was common to see not only plastic paper bags but also plastic cups on the streets of cities, towns and villages. The use of plastics in shops and hotels, contrary to rules, was also common knowledge. Soil and water pollution due to dumping of plastics, and air pollution due to burning of plastic bags, was of greater concern. Consumption of foodstuff packed in such plastic bags endangered the health of the people, it said.
The Bench observed that recycling may be somewhat useful to avoid pollution, but the impact of the use of plastics on the environment, particularly on the health of human beings and animals, was much more serious. In view of the undisputed devastation of the environment, there could be no excuse for the Board not to implement the rules strictly.
The court said the Union government had introduced in September 1999 the Plastics Manufacture, Sale and Usage Rules empowering the Board to issue registration certificates to units manufacturing or recycling carry bags and so on, and implement the rules. Admittedly, except in some places, practically the rules had not been implemented. Other than some averments relating to the inaction of the State to bring in legislation, the Board had not taken action in terms of the Central rules.
In his petition, A. Narayanan, trustee of Sevaman Trust, prayed for a direction to the authorities, including the Secretaries of the Environment and Forest Department and the Municipal Administration and Water Supply Department and the TNPCB, to ban throughout the State the manufacture, distribution and use of plastic carrybags, irrespective of size and thickness.
He also sought a ban on single-use plastic items less than 150 microns thick, and coloured pots, mugs and so on made of recycled and toxic plastic.
