Seminar Paper of Natural Resources Law

NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

LAWS OF BIODIVERSITY LAW SEMINAR PAPER ON

PLASTIC BAN IN INDIA AND ITS IMPACT ON ENVIRONMENT

SUBMITTED TO:

Prof. Rajiv Khare

SUBMITTED BY:

Sakshi Dhapodkar

2014BALLB118

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 Seminar Paper of Natural Resources Law

ACKNOWLEDGEMENT

I would like to thank Prof. Rajiv Khare for giving me an opportunity to work on this insightful

topic and allowing me to present a seminar paper on the same. Comments on Natural Resources

Law during the class lectures have shaped my understanding of the topic, which has been

indispensable in analyzing the issue at hand and completing this project.

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 Seminar Paper of Natural Resources Law

TABLE OF CONTENTS

Acknowledgement .................................................................................................................................... 2
Table of contents ....................................................................................................................................... 3
Introduction ............................................................................................................................................... 4
A brief synopsis ........................................................................................................................................ 5
Advantages and disadvantages of plastic .................................................................................................. 6
plastic ban in india .................................................................................................................................... 9
movements to ban single use plastic ....................................................................................................... 13
Conclusion .............................................................................................................................................. 14
biblography ............................................................................................................................................. 15

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 Seminar Paper of Natural Resources Law

INTRODUCTION

A plastic bag, polybag, or pouch of any kind is a type of container made of thin, flexible, plastic

film, nonwoven fabric, or plastic textile. Plastic bags are essentially used for packaging. It is also

used for transportation, storage etc. the goods that are generally transported are chemicals, food

produce, solid waste etc.

Plastic bags have unlimited usage in our lives . the plastic made products have become an integral

part in our daily life as a basic need. Globally the production of the plastic is over 150 million

tonnes per year. This in turn is huge production of unhealthy and destructive product in the market.

As per the recent surveys the production of the plastic crosses the 150 million tonnes per year

globally and in India 8 million tonnes is produces and consumed.1 The usage of plastic is in the

smallest and even in the largest product in market currently.

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CIPET REPORT

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 Seminar Paper of Natural Resources Law

A BRIEF SYNOPSIS

 OBJECTIVE:

 To understand plastics production and consumption.

 To understand impact of banning plastics

 To understand how it affects the environment.

 SCOPE OF THE STUDY:

 To Study the Environment Protection Act and Rules

 To study the cases which highlighted the need for the ban.

 RESEARCH METHODOLOGY

Doctrinal method

 HYPOTHESIS

The current ban is effective or not?

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ADVANTAGES AND DISADVANTAGES OF PLASTIC

Advantages

While they certainly have ecological drawbacks, plastic grocery bags can be beneficial to retailers,

consumers, and even the environment. 2

The advantages pf plastics have benefitted the retailers. They have favored plastic shopping bags

from past 50 years. It is used because of its cost affective nature and is also readily available in the

market. The industry has used plastic in different forms of packaging and has become customary

and significant aspect of the business. It is observed that a small plastic bag costs 5 cents or more

whereas the cloth bag costs more in the market. The conscious people in the market also will not

choose something expensive over a cheap plastic bag. In large volume, plastic bags have obvious

overhead cost benefits for stores and their profit margins. The shipping, storage and packing play

out to be the most reliable use of plastics. It is durable and there is a sense of safety provided to

the buyer and the seller.

Additionally, the space occupied by the plastic bags is very helpful as it keeps the line going. The

space occupied as compare to the reusable bags which tend occupy more space.

2
Sandra ketcham, ADVANTAGES OF PLASTIC GROCERY BAGS, available at
http://greenliving.lovetoknow.com/Advantages_of_Plastic_Grocery_Bags

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If observed, the consumers play the most significant role in expanding the plastic business which

creates the most harm in the environment. The usage by consumers is only because plastic bags

are less prone to tearing or causing any harm to the goods carried. Plastic bags are reusable for a

variety of purposes, with many people using them as trashcan liners or to pack and store

miscellaneous items. Plastic bags last considerably longer than plastic bags and be rinsed out and

repurposed, unlike paper bags.

Most of them will deny but there are some environment advantages as well of the plastic bags.

Since they weigh so less they tend to create less solid waste for landfills when not recycled.

A lesser known fact is that the production or usage of plastic bags creates pollution. The energy

used to produce plastic is less than production of paper bag. This will lead to same king of air and

water pollution.

Disadvantages

Plastic bags are known for causing the most damage to environment and hence the steps are taken

to lessen the damage is some or the other way. A lesser known fact is that a single plastic bag can

take up to 1000 years that to decay completely. This in turn makes the great build up on natural

landscape. The plastics are also threat to animal life, As we all know plastic bags play an important

role in causing damage to natural habitat and it also does cause great amount of effect on the

animals as well. In India it is very much visible that the stray animals such as dogs, cats, cows etc

tend to eat off plastic off the roads. Not only animals but infants and young children have also

reported to have lost their life, on account of plastic. Plastics being thin and airtight creates

suffocation amongst children.

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Plastic bags are extremely durable. Even though it is believed to be an advantage, just think about

the landfill which you see every day on your way back home. In other words, plastic bags have led

to a great increase in the pollution levels. Also as we all know that plastic when burnt creates

fumes. It is a laid down fact that these toxic fumes when released in the environment just increases

the air pollution to much higher level.

One of the main disadvantages of plastic bags is that they are not renewable. The reason behind

this is that they are made of petrochemicals, a non-renewable source of energy. They can be

recycled, but not as easily as paper bags. The sustainable development has to our major concern

as the plastic will stay way longer on earth as compared to the human being who is using it. The

concern of your great grandchildren should be imperative now.

In India approximately 8 Million tonnes plastic products are consumed every year (2008) which

is expected to rise 12 milllion tones by 2012. Plastics are non-biodegradable, synthetic polymers

derived primarily from petro- fossil feedstock and made-up of long chain hydrocarbons with

additives and can be moulded into finished products excluding compostable plastic or polymer

confirming IS/ISO 17088:2008. These polymers are broken in presence of suitable catalyst, into

monomers such as ethylene, propylene, vinyl, styrene and benzene. These monomers are then

chemically polymerized into different categories of plastics.3

3
Website Material on Plastic Waste Management, Central Pollution Control Board, Parivesh Bhawan,
East Arjun Nagar, Delhi,2013, available at -
http://www.cpcb.nic.in/divisionsofheadoffice/pcp/management_plasticwaste.pdf.

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We see that the thin plastic bags are banned and the reason behind it is that the blockage of sewage

is very often in India. The struggle of stopping this is real and the State board have post enough

survey has taken a positive step to ban the production and consumption in their respective states.

PLASTIC BAN IN INDIA

In India couple of states have banned plastic bags in different stores. Maharashtra, Tripura started

and recently Tamil Nadu joined the band wagon. Mainly National Green Tribunal (NGT) of every

region works for implementation of banning the plastic bags. In some of the states quality rules

are made by NGT which helps in management.

Plastic Manufacture and Usage ( Amendment ) Rule, 2000

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Regulation of plastics waste, particularly manufacture and use of recycled plastics carry bags and

containers is being regulated in the country as per “Recycled Plastics Manufacture and Usage

Rules, 1999 and as amended in 2003”. According to the rules, no person shall manufacture, stock,

distribute or sell carry bags made of virgin or recycled plastic bags. Many significant changes were

brought in through this legislation. The prescribed authority for enforcement of these laws are

different states and Union Territories. In the state it is SPCB and PCC in the UT for relating to

use4. One of the cases to look into is that of Sandeep Lahariya vs. State of M.P5. It is a fact that

considering the indiscriminate use of plastic carry bags and their devastating effect on the

environment the Government of India, Ministry of Environment and Forests in their notification.6

It notified the 'Rules of 2011' to regulate the manufacturing, stocking, distribution, sale and use of

plastic carry bags.

The rules brought in more intricate definition of “carry bag”, "Manufacturer" etc. it also established

rules where registration is mandatory which in turn provide certificate from Pollution Control

Boards.

Plastic Waste Management Rules, 2015 (Draft)

Salient features of these rules are as follows:

4
The Guidelines for Recycling of Plastics, 2003.

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Ors on 11 November, 2013

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No. S.O. 249 (E) dated 04.02.2011 amended vide S.O. 1527 (E) dated 02.07.2011,
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a) New terms like EPR i.e., Extended producer’s responsibility, institutional generator,

facility, multi layered packing, urban body, virgin plastic, waste pickers etc.

b) In these rules, the judiciary have also tried to ascertain the responsibilities of different

control boards and different parts of the executive department.

c) Specifically, judiciary has ascertained the responsibilities of Gram panchayat, urban

local body, Waste generator, Producers, retailers and street vendors.

d) These rules also consist of protocol for compostable Plastic material are also added.

e) At the point of annual reports following provisions are mentioned:

1)Every person engaged in recycling or processing of plastic waste shall prepare and submit an

annual report in Form-IV to the urban local body concerned under intimation to the concerned

State Pollution Control Board or Pollution Control Committee by the 30th day of April of every

year.

(2) Every urban local body shall prepare and submit an annual report in Form –V to the concerned

Secretary-in-charge of the Urban Development Department under intimation to the concerned

State Pollution Control Board or Pollution Control Committee by the 30th day of July of every

year.

(3) Each State Pollution Control Board or Pollution Control Committee shall prepare and submit

an annual report to the Central Pollution Control Board on the implementation of these rules by

the 30th day of September of every year.

(4) The Central Pollution Control Board shall prepare a consolidated annual report on the use and

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management of plastic waste and forward it to the Central Government along with its

recommendations before the 30th day of December every year.7

In recent times states like Bihar and Tamil Nadu banned the usage of plastics in the state. It is

known to the fact that industry will be disturbed and will hamper the production. As per the news

hotel industry which use plastic bag for transportation went hay wire. However, this initiative has

given birth research and development of alternatives present. It has given birth to cardboard based

packaging and people has also gone back to being old school and have started using banana leaf

or any other leaf for packaging food products.

7
Plastic waste and management rules, 2015, available at
http://www.moef.nic.in/sites/default/files/Plastic%20Waste%20Management%20Rules%202015-
forPrinted%20version.pdf.

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MOVEMENTS TO BAN SINGLE USE PLASTIC

1. Swachh Bharat Abhyan- by Prime Minister Modi.

2. In honor of World Environment Day, the U.N. issued a report detailing the efforts

of countries around the world to combat plastic pollution, such as Sri Lanka’s ban

on styrofoam and Kenya’s ban on plastic bags. This is end the usage of single use

plastic in the market.

3. Versova beach Drive- it highlighted the need to eliminate plastic straws from our lives as

it just causes harm to marine life.

4. Alternatives of plastic bags- cotton bags, jute bags, paper bags, recyclable plastic bags,

biodegradable plastic bags

5. Educating retailers about the alternatives that can help eliminate the pollution.

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CONCLUSION

The waste management should be promoted and there should be more awareness about the harm

created. Privileged humans of the society do not seem to care enough about the veracity of the

issue in hand. The products like steel straw and metal water bottles are in market but there is lack

of promotion and advertisement. People even knowing the harm they are causing do not care about

the laws as they do not provide any fine per se. The more the message in public eye there will be

more woke people who would be ready to make the healthy switch.

The problem at hand is that the legal fraternity wants to ban it as it causes problem but nobody is

ready to find out the real problem. To best of my knowledge, it is not the use of plastic bag but its

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management when it becomes a waste. However, it can be seen that the policies which have been

brought by the government are just not that effective as they are not promoted well. The advantages

also cannot be overlooked. The alternatives are available nut still are expensive in nature and to

maintain that lifestyle it is very difficult.

The effective use of plastic and understanding good plastic and bad plastic is very much essential

in recent times. Many states have used social media to reach out public at large which assures

some light in the end of this polluted tunnel.

BIBLOGRAPHY

 http://envfor.nic.in/sites/default/files/press-releases/Lo_Book01.pdf

 https://www.wwfindia.org/?10221/Sandeep-Lahariya-Vs-State-of-MP-Ors

 https://www.researchgate.net/publication/268686081_The_Impact_of_Plastic_Bags_on_t

he_Environment_A_field_Survey_of_the_City_Of_Sana'a_And_The_Surrounding_Area

s_Yemen

 http://www.indiaenvironmentportal.org.in/files/file/singleUsePlastic_sustainability.pdf

 https://www.npr.org/sections/goatsandsoda/2018/07/09/626210905/an-indian-state-bans

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