The Supreme Court has affirmed a ruling from the Madras High Court that prohibited the use of strengthened paper cups introduced in Tamil Nadu in 2019, stating that the state government's policy was in the best interest of the public.
A panel consisting of Justices S. Ravindra Bhat and P.S. Narasimha observed that the report presented by the Indian Institute of Technology (IIT), which was the basis for the initial ban, indicated that the use of reinforced paper cups would harm the environment. This harm would occur due to increased tree felling and the subsequent recycling process, which would result in further pollution.
The bench stated that because there is a scientific foundation for the ban and it aligns with the state government's policy to prohibit various types of single-use plastic products in the interest of the public, there is minimal justification or rationale for this court to intervene based on the merits of the ban.
The Supreme Court dismissed the argument put forth by the petitioner, who claimed that the ban was excessively broad and disproportionate.
The bench declared, "While the appellant's entitlement under Article 19(1)(g) has unquestionably been curtailed, this restriction is deemed reasonable in accordance with Article 19(6) of the Constitution of India, for the greater good of the general public's right to enjoy a pollution-free environment. Therefore, the restriction is upheld."
The Supreme Court, on the other hand, instructed the Tamil Nadu Pollution Control Board (TNPCB) to review the ban on non-woven bags once again, taking into account the amended Plastic Waste Management Rules of 2016.
The court expressed its view, stating, "In the case of non-woven bags, the arguments appear to be somewhat different. These bags have some degree of reusability. Their composition, including the proportion of polypropene and filler used in their manufacturing, can be customized."
The bench was considering a petition submitted by the Tamil Nadu and Puducherry Paper Cup Manufacturers Association, which contested a Madras High Court judgment rejecting their request to overturn a government directive that prohibited the production, storage, supply, transportation, sale, distribution, and utilization of single-use and disposable plastics.
The Paper cups often have a lining made of wax or plastics.
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