Meghalaya HC directs Govt to ban use of plastic 

Syllad | The Rising MeghalayaNovember 21, 2024

The Meghalaya High Court on Thursday directed the state government to ban the manufacture, marketing and use of plastic of less than 120 micron width in the state.

In its order passed after hearing a PIL on the issue, the bench comprising chief justice Indra Prasanna Mukherji and Justice W Diengdoh said, “Till substitute or substitutes are evolved to take over completely the use of plastics in the market, the government is directed to follow the following policy:

(i) to issue administrative orders or cause to be made legislation or subordinate legislation effectively banning the manufacture marketing and use of plastic of less than 120 micron width;

(ii) to seize those materials less than 120 micron width from manufacturers, distributors and users;

(iii) to take effective steps so that plastic waste is properly managed within a short period of time and;

(iv) to make inspection of public places and recover these items and subject them to waste management.”

“The respondent No 2 is directed to file a second additional affidavit in this Court before the returnable date showing the action taken in terms of this order,” it added.

The PIL has urged the Court to pass orders for total ban of plastic in the State of Meghalaya.

“While entertaining the writ on 16th August, 2024, this bench presided over by the then Chief Justice, inter alia, ordered the Government of Meghalaya to take steps to totally ban plastic items in the State. We ascertain from the letter and spirit of the said order that till the time a substitute of plastic was found to serve the purposes which the plastic items are now fulfilling, regulatory measures should be taken by the government to curb the use of those products,” the bench said.

It said the affidavit affirmed by the Secretary in-charge Forest and Environment department on 30th September, 2024 indicated the action taken in compliance with the said order.

It appears from this report that the government has made a policy decision to effect plastic waste management and also taken some action to seize plastic containers and other materials.

The said order of this bench was passed three months ago stated: “Having considered the report of the government, we are of the view that some more time should be granted to them to fully implement the order.”

Further, the bench has also observed that plastic is derived from polythene, a polymethylene. Considering its properties it was used and still used for storing materials, inexpensively, securely and durably. It is widely used to make containers, bags, bottles and other storage materials.

It said that research and experience have shown that these plastic products have some very adverse impact on the ecosystem and environment. Plastic waste cannot be easily recycled or safely destroyed.

It causes waste management problems. It also affects the ecological balance and environment. Since plastic has a very long natural life, the dumping of plastic waste in public places, in water-bodies and elsewhere chokes the water-bodies, the drainage system and results in accumulation of garbage in public places.

The government has evolved the general policy of banning the use of plastic materials with thickness less than 120 microns.