Legal loopholes in plastic ban

A lot of what we buy comes tainted with the original environmental sin of plastic. Groceries - grains, pulses, eggs and bread come wrapped in plastic. Most fruits have plastic labels stuck on them. Toiletries - shampoos & toothpaste - are packaged in plastic. Ditto with disposable shaving razors, ear buds and dental floss. New shirts  come with a plastic collar support and plastic clips encased in a plastic cover. Most cardboard boxes or tetrapacks have a laminated sheet of plastic. Add plastic straws, biscuit and chocolate wrappers, water and cola bottles, medicine strips, even magazines, some ironically with cover stories on such environmental hazards, that come sealed in plastic and the list still seems endless. If Tamil Nadu's much hyped plastic ban under the Environment Protection Act, is to commence in three months, we need magic, miracles and a new way of life. If parties can flout court orders, erect party flex hoardings and flags, why is that we are yet to see a much needed massive awareness drive as 
a precursor to the ban? 

In its Statement of Objects & Reasons of the Tamil Nadu Plastic Articles (Prohibition of Sale, Storage, Transport & Use) Bill, the government, way back in 2002, had acknowledged that most of its municipal solid waste consists of “non-biodegradable plastic”, which when “stored in landfills, contaminates underground water, causing serious health hazards, besides obstructing the seepage of rain water and hindering recharge of ground water.” While the move was shelved sixteen years ago, it has been revived now with a deadline and little visible preparation. Are plastic manufacturers anywhere close to be ready with alternatives? 

Just like those glib ‘Conditions Apply’ disclaimers at disount sales, barely a few months after the announcement, the ban was diluted with ‘Exemptions Apply’. These include plastic bags that constitute or form an integral part of packaging in which goods are sealed prior to use at manufacturing/processing units and plastic carry bags manufactured exclusively for export purpose against any export order in a plastic industry located in special economic zones and export-oriented units. The last villains standing are throw-away plastic items. 

The factors that probably triggered the exemptions are the thousands of crore rupees Goods & Service Tax to the State government from the plastic industry and lakhs of workers employed here. Those who cite Article 19(1)(g) of the Constitition of India on freedom to carry on any occupation, trade or business, must also read Article 19(6) which allows ‘reasonable restrictions’ “in the interests of the general public” as well as Article 48-A on the State’s duty to “protect and improve the environment.” The National Green Tribunal in Sandeep Lahariya Vs State of Madhya Pradesh, while upholding public interest over private interest, referred to principle of the ‘Extended Producer's Responsibility’ stipulated in Rule 2(g) of the Plastic Waste (Management and Handling) Rules, 2011, which “means the responsibility of a manufacturer of plastic carry bags and multilayered plastic pouches and sachets and the brands owners using such carry bags and multilayered plastic pouches and sachets for the environmentally sound ma
nagement of the product until end of its life.” The tribunal lamented that of the 3 Rs - Reduce, Reuse & Recycle, “no emphasis is found on the first of the R’s namely ‘Reduce’ which in our opinion is more important.”

Under Rule 10 of the Plastic Waste (Management & Handling) Rules “no carry bags shall be made available free of cost by retailers to consumers. This is to encourage their re-use and to minimise plastic waste generation”. Are a few rupees added to the bill really a deterrent? Such regulatory instruments have also been exposed by the National Green Tribunal in Jarnail Singh Vs Union Territory, Chandigarh. It observed that “evidence on the effectiveness” on policies like “the mandatory pricing of plastic bags”, explicit levies on each bag, taxes at the manufacturing level, discounts on the use of “own bags” have “not been very promising” the world over. 

Section 17 of the Environment Protection Act, 1986, frowns upon offences by government departments. This provision aside one would expect the government to lead by example and not adopt the stance: ‘do as we say, not as we do’. 

But plastic used to package milk and dairy products are off the banned list. The State run Aavin, for instance, supplies about twenty three lakh litres of milk across the State everyday in plastic sachets. Even if these sachets are recyclable, they are still not bio-degradable. Is it so difficult to switch to cardboard cartons, they way it sells flavoured milk, or return to the dispenser machines at booths? 

Big players will find a way around bans. It's the small fry who will be hit, at least initially. It's a decade since smoking was banned in public places. How effectively is it being enforced in the country? How does the system help the average environmentally conscious households that segregate their plastic waste and compost their garbage? Even by avoiding plastic bags from shops, a family of five, may accumulate and need to discard  6 to 8 kgs of plastic waste a month. 

This is after washing and drying the plastic waste to prevent formation of fungus and attracting pests. How many municipal workers actually segregate plastic? Many homes I know rely on private parties like kuppathotti.com that accept all types of plastic. The catch is that they are able to collect it only once a month. See how sincere compliance is discouraged and callous violations exempted? 

(The writer is an advocate at the Madras high court, columnist & author)