Madras HC imposes comprehensive ban on plastics across Western Ghats

Chennai, April 16 (IANS) In a significant ruling to protect the ecologically fragile Western Ghats, the Madras High Court has imposed a comprehensive ban on the manufacture, storage, transport, supply, sale, and distribution of 28 plastic products across the region - from the Nilgiris to the Agasthiyar Biosphere Reserve in Kanniyakumari district.

The court clarified that the ban would also extend to all hill stations, wildlife sanctuaries, and tiger reserves.

A special division bench of Justices N. Sathish Kumar and D. Bharatha Chakravarthy ordered the implementation of strict enforcement measures, including imposing fines on tourists who clandestinely carry banned plastic items into hill stations.

The court also directed authorities to impound vehicles found transporting such materials and cancel the permits issued to them.

The banned products include a wide range of single-use and plastic-coated items, such as single-use plastic bottles for water and juice, plastic sheets and cling film used for food wrapping, plastic sheets for dining tables, plastic plates, plastic-coated paper plates and cups, plastic teacups, tumblers, and thermocol cups, plastic-coated and non-woven carry bags, waterpouches/packets and plastic straws, plastic flags, earbuds with plastic sticks, plastic carry bags of all sizes and thicknesses, candies and ice-creams with plastic sticks and polystyrene decorative items.

The court also banned plastic cutlery - forks, spoons, knives - as well as wrapping or packaging films used around sweet boxes, invitation cards, and cigarette packets. Plastic or PVC banners under 100 microns, stirrers, and trays were also included in the list of prohibited products.

The judges noted that although the Tamil Nadu government had announced a statewide ban on single-use plastics in 2018, and later extended it to the Nilgiris and Kodaikanal in 2019, plastic materials continued to find their way into the Western Ghats. Smugglers often conceal the banned items in buses and other vehicles to bypass checks, they observed.

In response, the court directed the state government to invoke its authority under the Motor Vehicles Act and introduce strict clauses in transport permits. Under the new directive, any vehicle found carrying banned plastic items would face permit cancellation and be impounded.

With regard to branded snacks and biscuits sold in non-biodegradable packaging, the judges ordered that vendors in hill stations must remove the contents and hand them over to customers in paper or other biodegradable covers.

To support this transition, local bodies have been instructed to supply these paper bags to vendors free of cost, funded through the Green Fund.

The court also mandated District Collectors, local bodies, and private firms to jointly devise a proper mechanism for the safe disposal of multi-layered non-biodegradable packaging materials collected by vendors.

"Not a single plastic wrapper, sachet, or packaging material can be strewn in the Nilgiris, Kodaikanal hills, and the entire Western Ghats," the bench stated firmly, emphasising the environmental damage caused by plastic litter across the hills and the challenges associated with its collection and disposal.

The directions came in the wake of recommendations submitted by amici curiae T. Mohan, Chevanan Mohan, Rahul Balaji, and M. Santhanaraman, who assisted the court in evaluating the environmental issues and proposing remedial measures. To reduce dependence on disposable items, the court ordered that drinking water dispensing machines be installed at strategic locations across hill stations. Tourists must be provided with reusable food containers, cups, tumblers, and steel bottles through a refundable deposit system to be implemented via self-help groups.

Additionally, tourist kits comprising biodegradable materials should be distributed, and a dedicated mobile app must be developed to help tourists locate nearby water dispensing units or kiosks offering reusable containers and kits.

Vendors in hill stations have been asked to encourage responsible behaviour among their customers to prevent littering.

The Bench also called for stringent enforcement of Solid Waste Management Rules in both letter and spirit. The court will review the implementation status of these directives on June 6, and pass further orders based on the compliance reports submitted by the authorities.

--IANS

aal/vd