If you can’t Reuse it Refuse it: Law on Anti Plastic
Introduction
According to the UN Environment report on single-use plastic 2018 defines plastic is an item intended to be used only once before they are thrown away or recycled.
The imposing of a ban on single use plastic is a very crucial step taken by the government of India. The reason behind such imposition is due to its nature as this kind of plastic is made for one time use and cannot recycle or reuse and as a consequence the chemical used in the preparation of this kind of plastic mixes in the water or land which causes various health problems.
Why is Single Use Plastic not good?
As per the UN Environment Report, single use plastics don’t degrade and decompose just like other substances but in fact, after the passing of time these plastics break into smaller pieces known as micro plastics that ultimately mixed up with the water, oceans, etc. The toxic chemical used in the manufacturing of single use plastic ultimately mixes up with the soil, water which affects the health of human beings and animals. Sometimes the mixing of the toxic chemicals in our food chain cause3s various health problems such as damage to the nervous system, lungs and reproductive organs, etc.
International Perspective
- United Nation Organization
In 2017 UN Environment Assembly in its meeting held in Nairobi passes various non-binding resolutions in respect of micro plastics and marine litter. The purpose behind such a resolution is to prevent and reduce marine pollution. But the resolution of the UN Environment Assembly was rejected by the United States and Asian countries including China and India.
- European Environmental Bureau (EEB)
In Europe ‘Rethink Plastic Campaign” was initiated in order to insist and urge the government to impose a ban upon plastic which can’t use more than once and also can’t recycle.
- United Kingdom
In 2018 U.K. has announced a policy in order to reduce and eliminate plastic waste. The country also bans the microbeads which generally used in cosmetic products. Despite this, the country increases the tax on such plastic as a consequence the production of plastic was dropped by 9 billion.
- China
In 2008 China brought a resolution to curb the growing plastic concern. Under the resolution, shopkeepers were not allowed to give plastic bags for free instead they have to charge money for that. This ultimately drops the use of plastic by 50% throughout the country.
Laws on Anti Plastic in India
India is considered one of the largest users of single use plastic. From a vegetable vendor to a mall single use plastic is used everywhere. There was an urgent need to stop the usage of single use plastic and then in 2018 on World Environment Day India came up with a theme of “Beat Plastic Pollution” which aims to control the pollution which is caused by the single use plastic.
Since 1999 various states in India already banned the use of plastic in their territory and implemented related laws. Central Government also comes up with the Recycled Plastics Manufacture and Usage Rules, 1999 which used to regulate the manufacturing, use, sale, and recycling of plastic bags. In 2011 these rules were replaced by the Rules of 2011 named Plastic Waste (Management & Handling) Rules, 2011.which was implemented to regulate the use, segregation, collection, disposal, and transportation of plastic wastes.
Despite that again in 2016 the central government again introduced Plastic waste Management Rules which sought to increase the parameters of the responsibility of producers of the plastic and focuses to generate to create an effective waste management system which comprises of collection, recycle and strike out the placation which can’t be reused or recycled.
The issue regarding Plastic waste management was raise before the National Green Tribunal as well as various High Courts. The most recent example regarding this is the imposition of a ban by the Maharashtra government by enacting Maharashtra Plastic and Thermocol Products (Manufacture, Usage, Sale, Transport, Handling and Storage) Notification, 2018 which was challenged before the Bombay High Court. As per the notification, there is a ban on manufacturing, transportation, usage, sale, distribution, etc. of certain kinds of plastic products. The Bombay High Court extended the period of a ban to three months from the immediate effect as the court explained it is not possible to implement such a ban with an immediate effect.
Despite that recently Draft Notification Plastic Waste Management (Amendment) Rules, 2022 was initiated by the Ministry of Environment, Forest, and Climate Change. According to this draft, the ban will be imposed in three phases:
Phase I: in this phase at the end of September 2021 manufacturing, transportation, usage, distribution, and sale of Non-Woven Plastic Carry Bags which are generally made up of recycled plastic and compostable plastic carry bags must be exempted.
Phase II: in this phase, a ban is going to be imposed on manufacturing, distribution, sale, usage, export & import of certain plastic products including candy sticks, ice cream sticks, ear buds with plastic sticks, plastic sticks used in balloons, plastic flags and polystyrene decorations.
Phase III: in this phase, a ban will be imposed on the manufacturing, distribution, sale, usage, export & import of plastic plates, plastic cups, plastic glasses, plastic cutlery, straws, plastic trays, stirrers, wrapping films (including both which is used to wrap sweet box as well as invitation cards), cigarette packets, PVC banners.
Reason/ causes for the imposition of ban
- Environment deterioration:- the single used plastic has a major impact upon the environment as these kinds of plastics doesn’t bio degrade hence with the passage of time the toxic chemicals used in the manufacturing of such plastics start mixes with water bodies, soil, etc. which ultimately affects the marine life. Sometimes people used to burn these plastics which release various harmful gases that mix with the natural air and cause air pollution. In order to curb pollution, there is high time to ban the use of such plastics in the country.
- Threat to Marine Life: – since plastic doesn’t degrade it divides into smaller pieces known as micro plastics which are used to mix with water bodies. The species are available in the water bodies used to eat these micro plastics which ultimately end their life. It is an alarming situation for the extinction of marine life and to curb this situation such a ban is necessary.
- Harmful for Human Health: – the release of toxic chemical from this plastic due to various reasons causes serious health issues to human beings. It can damage the blood cells and tissues as well as led to cause respiratory problems or major diseases like cancer, birth defects, etc.
Pros and Cons of the Ban
Pros:
- Economic progression: – by imposing a ban on single use plastic, people start finding an alternative to that. And for that purpose, there is an increase in the production of other products such as paper bags, cloth bags, jute bags, etc. besides this paper cups, spoons, etc. will ultimately increase the employment rate in the country.
- Health benefits:- the ban has a positive effect on the health of not only humans but animals and marine life also. Earlier people used to feed food to stray dogs or other animals in plastic bags which the animals consume and died due to the consumption. Therefore, non availability of plastic ultimately increases the life expectancy rate.
- Reduce Cost of Goods:- earlier the seller used to add the price of disposable bags in the bill of the goods the customer buys therefore the elimination of disposable bags ultimately reduces the cost of the goods.
- Environment protection:- the elimination of plastic and disposable things is turned into a blessing for the environment. As these products don’t use then there is no chance of throwing these products on roads or in the drains as well as there is no burial ultimately it prevents air pollution also.
Cons of the ban:-
- Retailers and Consumer Convenience: – there is no doubt in saying that the use of plastic is very convenient in day to day life of everyone. But now with the ban imposed on such plastic there is a hindrance in everyone’s life. Also now the shopkeepers used to charge if a customer asks for a carry bag from the shopkeepers, etc.
- Shipping, Packaging, and storage:- it is very convenient to use plastic for packaging purposes as it protects the item contained more than any other way. Even it also protects the item contained from rain as it is water proof. Also, plastics are more durable in nature than a cloth and also light weight so it doesn’t charge extra while weighing the product for shipping purposes.
Is plastic a bigger threat to our future than nuclear weapons? India generates about 5.6 million metric tons of plastic waste annually; however, the waste generated cannot be digested by our planet. Plastic takes thousands of years to degrade. This is due to the complex polymer structure in plastic which is not easily decomposable. According to The World Economic Forum (WEF) report on plastic pollution around the world, India’s contribution to plastic waste that is dumped into the world’s oceans every year is a massive 60%. And by 2050 Oceans will have more plastics than fish, if plastic pollution continues to rise. The main reason behind the plastic havoc is due to the fact that there are very few legislations in India to deal with plastic waste management whereas, in other countries such as USA and UK there are ample number of legislations present with effective implementation.
Effect
To implement the legislations more effectively and to give thrust on plastic waste minimization, source segregation, recycling, involving waste pickers, recyclers and waste processors in collection of plastic waste fraction either from households or any other source of its generation or intermediate material recovery facility and adopt polluter’s pay principle for the sustainability of the waste management system.
Laws in India
The Environment (Protection) Act, 1986
The formation seeds of this act were sworn at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, to take appropriate steps for the protection and improvement of the human environment.
Section 3 of The Environment (Protection) Act, 1986 provides for power of the Central Government, to take all such measures as it deems necessary for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution.
Section 6 of The Environment (Protection) Act, 1986 provides rule making power of central government, by notification in the Official Gazette, in respect of all or any of the matters referred to in section 3 of the said act.
Section 8 of The Environment (Protection) Act, 1986 restricts persons handling hazardous substances to comply with procedural safeguards as specified by the government from time to time.
Section 25 of The Environment (Protection) Act, 1986 provides power of central government to make rules, by notification in the Official Gazette, for carrying out the purposes of this Act such as the standards in excess of which environmental pollutants shall not be discharged or emitted, the safeguards in compliance with which hazardous substances, and so on.
The Plastic Waste (Management and Handling) Rules, 2011 – Key provisions
It has specified detailed condition for carry bags as follows:
- Carry bags shall either be in natural shade which is without any added pigments or made using only those pigments and colorants which are in conformity with Indian standards.
- No person shall use carry bags made of recycled plastics or compostable plastics for storing, carrying, dispensing or packaging food stuffs.
- No person shall manufacture, stock, distribute or sell any carry bag made of virgin or recycled or compostable plastic, which is less than 40 microns in thickness.
- Sachets using plastic material or any other form of plastic material shall not be used for storing, packing or selling gutkha, tobacco and pan masala.
- Recycled carry bags shall conform to the Indian standard IS 14534:1998 titled as Guidelines for Recycling of Plastic.
- Carry bags made from compostable plastics shall conform to the Indian Standard: IS/ISO 17088:2008 titled as specifications for Compostable plastics.
It has also provided also provided for the plastic waste management as follows:
- Recycling, recovery or disposal of plastic waste shall be carried out as per the rules, regulations and standards stipulated by the Central Government.
- Recycling of plastics shall be carried out in accordance with the Indian Standard.
- The municipal authority shall be responsible for setting-up, operationalisation and co-ordination of the waste management system
o to ensure safe collection, storage, segregation, transportation, processing and disposal of plastic waste;
o to ensure that no damage is caused to the environment during this process;
o to ensure setting-up of collection centres for plastic waste involving manufacturers;
o to ensure its channelisation to recyclers;
o to create awareness among all stakeholders about their responsibilities;
o to engage agencies or groups working in waste management including waste pickers, and
o to ensure that open burning of plastic waste is not permitted;
- The municipal authority may ask the manufacturers to setting-up plastic waste collection centres, either collectively or individually in line with the principle of Extended Producer’s Responsibility (EPR) to provide the required finance to establish such a collection centre.
It also provided for the Determination of the degree of degradability and degree of disintegration of plastic material shall be as per the protocols of the Indian Standards.
It further provided registration protocol for manufacturers or recyclers that any person manufacturing or proposing to manufacture carry bags and multi‐layered plastics shall apply to the State Pollution Control Board (SPCB) and Pollution Control Committee (PCC) for the grant of registration or the renewal of registration.
It has also set a limit to the cost of carry bags which will be determined by municipal authority.
It has also stated that Each State Pollution Control Board or Pollution Control Committee shall prepare and submit the annual report to the Central Pollution Control Board by 30th September each year. The Central Pollution Control Board shall prepare a consolidated annual report and submit it to the Central Government by 30th December each year.
Plastic Waste Management (Amendment) Rules, 2018
In exercise of the powers conferred by sections 3, 6 and 25 of the Environment (Protection) Act, 1986 and in supersession of the Plastic Waste (Management and Handling) Rules, 2011, the Central Government have made Plastic Waste Management (Amendment) Rules, 2018. These rules shall apply to every waste generator, local body, Gram Panchayat, manufacturer, Importers and producer.
These rules have well defined the concept of “extended producer’s responsibility” which means the responsibility of a producer for the environmentally sound management of the product until the end of its life.
It has imposed certain Conditions on manufacture, importer stocking, distribution, sale and use of carry bags, plastic sheets or like, or cover made of plastic sheet and multi-layered packaging for an eco-friendly environment. The conditions imposed are as follows:
– Carry bags and plastic packaging shall either be in natural shade which is without any added pigments or made using only those pigments and colorants which are in conformity with Indian Standard
– Carry bags made of recycled plastic or products made of recycled plastic shall not be used for storing, carrying, dispensing or packaging ready to eat or drink food stuff
– Carry bag made of virgin or recycled plastic, shall not be less than fifty microns in thickness
– Carry bags made from compostable plastics shall conform to the Indian Standard.
It has further provided that the local bodies shall do plastic waste management in their respective jurisdiction. Every local body shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or by engaging agencies or producers.
It has also specifically stated the Responsibility of Gram Panchayat and Waste generator along with the responsibilities of producers, Importers and Brand Owners.
Implementation
Looking at the challenges faced in implementation of Plastic Waste Management (Amendment) Rules, 2018 and The Environment (Protection) Act, 1986 The Central Government has Draft of Plastic Waste Management (Amendment) Rules, 2021.
A preliminary analysis of the State level action on restriction/prohibition of plastic carry bags and some single-use plastic items suggests that many challenges have been faced in the implementation of these regulatory provisions. However, some States have reportedly achieved considerable success. Whereas, considering the high environmental costs associated with management of single-use plastics, particularly the adverse effect on marine environment, and the need for a definitive action supplementing the initiative undertaken by various States/UTs to combat plastic pollution, in the Draft of Plastic Waste Management (Amendment) Rules, 2021 it is proposed that a prohibition on the manufacture, use, sale, import and handling of some of the single-use plastic items may be imposed on a pan India basis.
Draft of Plastic Waste Management (Amendment) Rules, 2021
The Central Government proposes to issue, in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986, for making certain amendments in the Plastic Waste Management Rules, 2016
It proposes to prohibit the manufacture, import, stocking, distribution, sale and use of Earbuds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene [Thermocol] for decoration and any other single-use plastic commodities from 1st January, 2022.
It also proposes to prohibit the manufacture, import, stocking, distribution, sale and use of following single-use plastic commodities shall be prohibited from 1st July, 2022:
- single-use plastic (including polystyrene and expanded polystyrene) items: plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping/packing films around sweet boxes; invitation cards; and cigarette packets, plastic/PVC banners less than 100 micron, stirrers.
- The above provision shall not apply to commodities (including carry bags) made of compostable plastic material.
Conclusion
A question that is raised here is has the Ban Imposed in India been successful? To make the effective implementation of the ban responsibilities have to be assigned to the concerned authorities for example CPCB, SPCB, etc. to seek whether the area that comes in their arena is positively working with the ban or not. Despite that punishment or fines for the violators must be fixed so that it will make a deterrent effect on others to follow the guidelines more strictly.
Strict implementation of the above mentioned laws in the need of the hour to protect our environment from any further deterioration. Plastic is a matter of concern; it not only impacts marine and territorial animals but also causes air, water and land pollution which as a whole impacts the lives of human beings. In-depth study of the legislations present in foreign nations and the reason behind the fact that these legislation are not implemented in India effectively need to be researched upon and thereafter an effective legislation complied with awareness programs among citizens need to be launched by the government of respective states