"In a landmark decision, the Rajasthan High Court has upheld the state's ban on plastic-coated paper cups, plates, and glasses, deeming them as single-use plastic commodities. The court's ruling came in response to a challenge by manufacturers to the ban imposed by the Rajasthan State Pollution Control Board (RSPCB)."
Justice Sameer Jain, while delivering the verdict, highlighted that plastic-coated paper products consist of 95% paper and a thin layer of low-density polyethylene (LDPE), which provides water resistance. This observation led the court to conclude that such items fall under the umbrella of single-use plastics.
The ban on these products was initiated by the Ministry of Environment, Forest and Climate Change in August 2021, under the Plastic Waste Management Rules. The ban encompassed the manufacture, import, stocking, distribution, sale, and use of identified single-use plastic items, set to take effect from July 1, 2022.
The RSPCB, in line with the ministry's notification, issued closure notices to businesses involved in manufacturing laminated paper cups in April and July 2022. However, the manufacturers argued that laminated paper cups were not explicitly included in the ban mentioned in the 2021 notification. They contended that the notification only targeted specific products, rather than imposing a complete prohibition on all single-use plastics.
Addressing these arguments, the court dismissed the petitions and affirmed the prohibition on plastic-coated paper cups, plates, and glasses. Moreover, the court instructed the state government to enforce the notification effectively.
The RSPCB defended its decision by stating that plastic cups were initially included in the list of banned items, and the matter of laminated cups was deliberated by a National Task Force dedicated to addressing this specific issue in June 2022. The closure notices issued by the RSPCB were deemed to be within their jurisdiction and aligned with the findings of the National Task Force meeting.
The court further rejected the manufacturers' claims of fundamental rights violation, asserting that the ban on single-use plastics constitutes a "reasonable restriction" in the interest of protecting the environment.
This significant ruling by the Rajasthan High Court highlights the state's commitment to combatting plastic pollution and underscores the need for sustainable alternatives to single-use plastic products. The decision sets a precedent for other regions to address similar concerns and encourages the adoption of eco-friendly practices for a greener future.
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