Uttarakhand HC demands strict enforcement of plastic bag ban

Uttarakhand HC demands strict enforcement of plastic bag ban

The Uttarakhand High Court has taken a stringent position on the issue of polythene bags being used in the state, despite the existing ban. It has directed the state government to completely prohibit their usage. The court has also called for an extensive investigation campaign at the state border, assigning this responsibility to the Commercial Tax Department.

These instructions were issued by a divisional judge bench consisting of Chief Justice Vipin Sanghi and Justice Manoj Kumar Tiwari of the Uttarakhand High Court. The directives were made during the hearing of a Public Interest Litigation (PIL) filed by Jitendra Yadav, a resident of Almora, on Tuesday.

According to the petitioner's representative, there is an existing statewide ban on plastic bags; however, plastic bags remain widely used. These polythene bags are being brought in from other states, and the government has been ineffective in preventing their distribution and use.

The petitioner's representative also highlighted several issues during the proceedings. These issues included the non-compliance with court orders, such as the failure to install GPS systems in garbage vehicles, poor quality maps of forest panchayats on the website, and the absence of rules for adherence to the Uttarakhand Plastic Waste and Other Non-Biodegradable Garbage Act of 2013. Additionally, the implementation of QR codes in plastic products has not been realized.

Following the hearing, the court has directed the government to implement a complete ban on polythene bags entering the state from other regions. This enforcement will require an intensive investigation campaign along the state's borders, with the responsibility assigned to the Commercial Tax Department. The court also emphasized the need for police and other relevant departments to support these efforts.

Furthermore, the court has issued instructions to ensure that GPS systems are installed in garbage vehicles and that clear and complete maps of all forest panchayats are uploaded to the website within a four-week timeframe.

The court has issued a stern warning that if these directives are not followed, the Secretary of Forest and Revenue will be required to appear in court during the next hearing. Additionally, the court has mandated the preparation of rules for the effective implementation of the Uttarakhand Plastic Waste and Other Non-Biodegradable Garbage Act of 2013 within a six-month period. This includes the implementation of QR codes on products. Failing to meet this requirement would necessitate the appearance of the Secretary of the Urban Development Department at the next hearing.

In the Public Interest Litigation (PIL) filed in 2022, the petitioner emphasized the urgent need to address the issue of plastic waste, noting that the state has been unable to control the proliferation of plastic-generated waste, resulting in the accumulation of plastic waste in various locations. This problem has impacted not only regular areas but also tourist and religious cities in the state.

Furthermore, the Court has observed the lack of GPS systems in garbage trucks and the incomplete mapping of both urban and forested areas. In response to these concerns, the court has directed the relevant authorities to ensure that GPS systems are installed within four weeks and that comprehensive maps of all municipal areas are uploaded during the same timeframe. Moreover, the court has strongly recommended that the state government establish regulations within a six-month period. This process should encompass the implementation of QR codes specific to products made of plastic.

Failure to adhere to these instructions will result in the Secretaries of the Forest and Urban Development Departments being summoned to the next court hearing.

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