Madras High Court bans use of 28 plastic items in Western Ghats

The Madras High Court has banned the sale, purchase and use of plastics throughout the Western Ghats, sanctuaries and tiger reserves, starting from the Nilgiris up to the Agasthyar Biosphere in Kanyakumari [G Subramania Koushik v The Principal Secretary to Government of Tamil Nadu]. .A Division Bench of Justices N Sathish Kumar and D Bharatha Chakravarthy said that the ban would apply to 28 types of plastic items, including Polyethylene Terephthalate (PET) plastic bottles, plates, cups, straws, ice-cream sticks and a range of other products. “Shop owners, vendors, or any other persons involved in the distribution of snack items, biscuits, or any other consumables packaged in multi- layered wrappers, foils, multi-layered covers, sachets, pouches, or other non- biodegradable packaging materials shall cut open the packaging and transfer the contents to biodegradable paper covers, such as butter paper, that do not contain plastic or materials that take a long time to degrade. Alternatively, they may use natural products like leaf products, kora grass products, earthen products, etc., and must retain the banned packaging materials,” the Court said. Vehicles transporting these items must be prosecuted, the Court stressed. .It ordered that before entering Nilgiris and Kodaikanal hills as well as other entry points of the Western Ghats and the sanctuaries, tourists must be checked for plastic items. “A Deposit Return System will be implemented, providing reusable cups, tumblers, steel bottles, food containers, and tiffin carriers of various sizes to tourists and the general public upon payment of a small deposit of ₹20 or ₹50. The deposit will be refunded upon returning the items. These items will be thoroughly cleaned by self-organized groups to encourage sustainable habits among tourists and other visitors.”The Bench said that innovative approaches like developing a tourist kit bag made from cloth, can be introduced. “This kit would include reusable bottles, cloth bags for purchases, and cutlery to promote sustainable eating habits, along with sellable items like eco-friendly straws, napkins, and small containers for food storage, all aimed at encouraging sustainable tourism practices,” the Court said.It also suggested that a mobile application or website can be created with the involvement of the local community and businesses, guiding users to the availability of water ATMs, drinking water points, deposit return kits, electric charging points etc. “The solid waste collected shall be disposed of safely and in a planned manner by properly collecting, crushing, and supplying these wastes to the appropriate agencies for recycling,” the Court ordered. .The directions were passed by the Court while dealing with a plea filed by one G Subramania Koushik. It noted that even though orders banning plastic bottles and other polluting material have been passed since 2019, it has had little to no impact.“In addition to PET bottles, polythene bags, plastic/thermocol plates, plastic-coated paper plates, paper cups, plastic tumblers, spoons, knives, and similar items littered throughout the hills, posing a grave threat to the environment and local flora and fauna. It goes without saying that managing this solid waste becomes a Herculean task. After unknowingly consuming these plastics, animals die. The forests are facing extinction. The pristine eco system is encountering a major challenge,” the Court observed. Therefore, it passed detailed directions to ban plastics and ordered the Tamil Nadu government and other authorities to file a status report by June 6. .Advocate TV Suresh Kumar appeared for the petitioners. Special Government Pleader Dr T Seenivasan represented the State of Tamil Nadu. The Commissioner of Coonoor Municipality was represented by A Sri Jeyanthi. Advocate V Chandrasekaran appeared for the Union Ministry of Road Transport and Highways. Senior Advocate T Mohan as well as advocates C Mohan, Rahul Balaji and M Santhanaraman appeared as amici curiae. .[Read Order]