~Symbiosis Law School, Pune~

SUSTAINABILITY & CLIMATE CHANGE:

PLASTIC BAN AFFECTING THE RETAIL
MARKETS IN PUNE
[Document subtitle]
 ~Sustainability & Climate Change: Plastic Ban Affecting the Retail Markets in Pune ~

TABLE OF CONTENTS

TABLE OF CONTENTS................................................................................................................1

ABSTRACT..................................................................................................................................3

INTRODUCTION TO SUSTAINABILITY & CLIMATE CHANGE...................................................4

1. International Conventions...............................................................................................4

1.1. UNFCC....................................................................................................................4

1.2. Kyoto Protocol.........................................................................................................4

1.3. Bali Road Map.........................................................................................................5

1.4. Copenhagen Conference..........................................................................................5

1.5. Paris Pact..................................................................................................................5

1.6. Brundtland Report....................................................................................................6

2. Harmony Between Climate Change and Sustainability..................................................6

3. Climate Change in India.................................................................................................6

LITERATURE REVIEW...............................................................................................................8

RESEARCH METHODOLOGY.....................................................................................................9

DATA DESCRIPTION.................................................................................................................10

1. Sample Size and Description.........................................................................................10

2. Survey Questions...........................................................................................................10

2.1. Residential Period in Delhi....................................................................................10

2.2. Notice in Change of Pollution Level Over the Years.............................................10

2.3. Opinion on Effectiveness of Odd-Even Rule in Delhi...........................................11

2.4. Whether the Odd-Even Rule Should Become a Permanent Policy.......................11

2.5. Was your Health Affected During the Great Smog in November 2016?...............11

2.6. The Ways in Which Health was Affected..............................................................11

2.7. Were your day-to-day activities affected by the Great Smog................................12

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2.8. Do you agree with Supreme Court’s Decision of Banning Sale of Firecracker?. .12

2.9. Sufficient Government Implemented Pollution Tackling Methods?.....................12

2.10. Awareness about Paris Agreement.....................................................................12

2.11. Awareness about NGT and EPA.........................................................................13

2.12. Would you consider moving out of Delhi?........................................................13

2.13. Do you think Delhi’s Pollution Problem can be solved?...................................13

DATA ANALYSIS.......................................................................................................................14

1. General Effects of Pollution in Delhi............................................................................14

2. The Great Smog.............................................................................................................15

3. Governmental Measures...............................................................................................15

4. Judicial Intervention.....................................................................................................17

5. Legal Awareness with Regard to Environment Protection............................................17

RECOMMENDATIONS AND CONCLUSION................................................................................17

BIBLIOGRAPHY........................................................................................................................20

1. Constitutional Provisions..............................................................................................20

2. Articles..........................................................................................................................20

3. International Conventions.............................................................................................21

4. Articles of Conventions.................................................................................................21

ANNEXURE I: SAMPLE QUESTIONARE

ANNEXURE II: RESPONSES OF SURVEY

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ABSTRACT

Plastic waste is a silent threat to the environment and their disposal a serious issue for waste managers. This
article focuses on the concepts of climate change and sustainability with specific reference to Pune, India. The
Maharashtra state government announced a ban on various plastic items such as bad, disposable containers and
others. This ban resulted in immense amounts of distress that trickled down from large scale industries/
manufacturers to retailers to household units. This paper focuses on the impact of this ban on retailers and studies
the change in their behaviour as a result of the ban. A questionnaire was prepared to record the opinions of the
retailers regarding the ban. It also focuses on how sustainability and climate change can create an revolution by
banning plastic bags. It was filled by owners of retail shops across various areas in Pune. The result of this study
shows that, majority of the retailers are supporting the ban and believe it to be an effective and successful way of
getting rid of the major amounts of plastic.

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KEYWORDS: Manufacture, Distribution, Polypropylene, Climate Change, Sustainable Development, Rio

Summit.

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CLIMATE CHANGE & SUSTAINABLE DEVELOPMENT

Within the a long time ahead, climate change will have a critical effect on each perspective of the day by day
lives of all human beings conceivably more noteworthy indeed than war. On the issue of climate change, and in
light of sustainability, this paper will focus on the above issues also giving special attention to plastic ban.

1. INTERNATIONAL CONVENTIONS
Following are some conventions and agreements relating to climate change and plastic ban:-

1.1. UNFCC
There has been an attempt to stabilize greenhouse gas concentrations ever since 1992 by Parties to the United
Nations Framework Convention on Climate Change (UNFCCC),1 with an aim to prevent dangerous
anthropogenic interference with the climate system.2 However, it has not been effectively implemented. The
reason behind so is the wide disparity in states’ ability to handle climate change as well as disproportionate means
to contribute to climate change mitigation.3

1.2. Kyoto Protocol

The Kyoto protocol was adapted under UNFCCC in the year 1997,4 with the aim of reducing the financial
disparity gap between the countries. It realised the difference between developed and developing countries and a
responsibility was imposed on the developed countries to reduce emission to a certain level which was a binding
target.5

1.3. Bali Road Map

The countries agreed on coming out with a new agreement that would work in harmony with the Kyoto protocol
and replace it eventually.6 There was an agreement for a joint step-up international efforts to tackle climate
change and come to an agreed outcome in 2009 in Copenhagen.

1UN Framework Convention on Climate Change (Rio de Janeiro, 9 May 1992, in force 21 March 1994) 1771
UNTS 107.
2 UNFCCC art. 2 (1992).
3 Annalisa Savaresi, The Paris Agreement: A New Beginning? JOURNAL OF ENERGY & NATURAL RESOURCES LAW (January 2015).
4Kyoto Protocol (Kyoto, 11 December 1997, in force 16 February 2005) 2303 UNTS 262.
5 Annalisa Savaresi, The Paris Agreement: A New Beginning? JOURNAL OF ENERGY & NATURAL RESOURCES LAW (January 2015).
6AutriSaha, India’s Response to Climate Change: The 2009 Copenhagen Summit, 3 NUJS L.Rev (2010).

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1.4. Copenhagen Conference

The Kyoto protocol failed in negotiating targets for countries like New Zealand and Russia and certain major
countries are not even part of the convention like Canada and USA. Therefore, new negotiations were opened up
in 2007 but they almost collapsed in Copenhagen in 2009. The most important outcome of this conference was
that all parties committed to reduction of emission levels.

1.5. Paris Pact

The Paris Climate Change Conference was held with the aim to bring an end to all negotiations and reach to a
final binding legal agreement between all parties, which would be implemented from 2020. The Paris Agreement
was formally adopted as a treaty which was due to the remarkable task done by various ministers from 196
parties to the UNFCCC. The agreement covers substantive areas such as mitigation, adaption and implementation
means.7 This treaty is formally binding on the parties.8However, it gives the parties discretion due to the ‘bottom
up’ approach, as to how to tackle climate change. There is an aspirational goal of 1.5 C, global highest
greenhouse gas emissions.9

1.6. Brundtland Report

The aim of the Brundtland Commission was so unify countries in order to persuade them to step on the path of
sustainable development together. The report released by the commission was called Our Common Future and a
meeting was held in Rio where a comprehensive action plan called Agenda 21 was laid down.

2. HARMONY BETWEEN CLIMATE CHANGE AND SUSTAINABILITY

It might seem that climate change and sustainability are completely disparate issues, but there is a possible
intersection between them. However, that requires broadening the focus of analysis and linking them would
require:-

a) A shift to tax, trade, budget and procurement policies from environmental policy.
b) Focusing on global investment opportunities and business plans rather than on domestic costs.
c) There should be integrated assessment of alternative development paths rather than disciplinary and
sectoral analysis.10

7PARIS AGREEMENT art. 4.1 (2016).

8 Daniel Bodansky, The Legal Character of the Paris Agreement: A Primer, (December 2015).
9PARIS AGREEMENT art. 2.1(a) (2016).
10 John Robinson, Climate Change and Sustainable Development: Realising the Opportunity, AMBIO (February 2006).

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An Integrated Assessment Framework for Considering Climate Change11

3. CLIMATE CHANGE IN INDIA

India can be considered as ground zero for climate change which has the second largest population and home to a
third of the world’s population.12 However, there are many vulnerabilities and problems that India faces. Firstly,
there are huge economic costs for climate change for India. India will lose four to five million tonnes in wheat
production if there is even one degree Celsius rise in global temperature. "Even a 100 cm sea level rise can lead
to coastal welfare loss of $1,259 million". Secondly, climate change
would harm human security to a great extent. Rise in global
temperature causes droughts, floods, heat waves and so on, which
will harm the huge population in India. Thirdly, there can be a
threat to national security due to casualties. Fourthly, there
would be a reduction in resources due to conflicts.

These are just some issues which plague India’s scenario with
respect to climate change. There seems to be a legitimate reason for India’s growth inclined position on climate
change. It is inevitable that India will have to adapt to changing environments. But there is a need to develop vital
technology, political adaption to such changes and security-related effects of climate change.13

11Ibid.
12 Neil Padukone, Climate Change in India: Forgotten Threats, Forgotten Opportunities, ECONOMIC AND POLITICAL WEEKLY, (June
2010).
13Ibid.

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India’s stand at international conferences has been very clear. Its negotiating principles rely heavily on
UNFCCC’s principles of historical responsibility. They have propounded the principle that “the right to pollute
the atmosphere should be apportioned to all countries based on their pollution”.14

14AutriSaha, India’s Response to Climate Change: The 2009 Copenhagen Summit, 3 NUJS L.Rev (2010).

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LITERATURE REVIEW

The researcher has gone through various papers which focus on the pollution problem in Delhi. Few relevant
ones have been listed below and the researcher has depended on them for certain facts and figures:-

A. “Environmental Pollution and Control: A Case Study of Delhi Mega City”15

This paper examines the trend in level of environmental pollution in Delhi and analyses the measure taken to
control it.

However, it uses secondary data and the researcher for this article has used primary data, and hence, it differs.

B. Air Pollution in Delhi: Its Magnitude and Effect on Health16

This paper mainly focuses on vehicular emission as a source of pollution and its effects on the health of the
people.

The researcher in the present article, has focused on a variety of sources of air pollution and has analysed its
effects, plus given ways to curb it.

C. Delhi: A perfect Air Pollution Case Study17

This article has highlighted the importance of unaccounted and unregulated primary pollution sources in NCR. It
was written in the light of Paris Agreement.

RESEARCH METHODOLOGY

15DewaramNagdeve, Environmental Pollution and Control: A Case Study of Delhi Mega City, (May 2004)
16 Sanjeev Gupta, Air Pollution in Delhi: Its Magnitude and Effect on Health, INDIAN JOURNAL OF COMMUNITY MEDICINE (March
2013).
17 Anthony Horton, Delhi: A perfect Air Pollution Case Study, GOOD MEN PROJECT, (December 2015).

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The researcher has chosen empirical form of research where primary data has been collected by the researcher
herself, through surveys conducted. The research is a combination of qualitative as well as quantitative data. The
researcher focused on the residents of a particular area as the sample, since the issue being considered and
analysed is at its peak in that area. The researcher wants to understand the plight of the residents as well as the
outlook of those people towards environment protection. Therefore, empirical form of research was chosen.

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DATA DESCRIPTION

1. SAMPLE SIZE AND DESCRIPTION

The primary data has been collected by way of survey amongst various age groups starting from 14 and
extending to 30. All participants are residents of Delhi and hence, have a first-hand experience of the problems
relation to pollution in Delhi. The sample size is 32.

No of
responses

Age

4. SURVEY QUESTIONS
The following are the questions and responses of the survey conducted:-

4.1. Residential Period in Delhi

4.2. Notice in Change of Pollution Level Over the Years

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4.3. Opinion on Effectiveness of Odd-Even Rule in Delhi.

4.4. Whether the Odd-Even Rule Should Become a Permanent Policy

4.5. Was your Health Affected During the Great Smog in November 2016?

4.6. The Ways in Which Health was Affected.

4.7. Were your day-to-day activities affected by the Great Smog

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4.8. Do you agree with Supreme Court’s Decision of Banning Sale of Firecracker?

4.9. Sufficient Government Implemented Pollution Tackling Methods?

4.10. Awareness about Paris Agreement

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4.11. Awareness about NGT and EPA.

4.12. Would you consider moving out of Delhi?

4.13. Do you think Delhi’s Pollution Problem can be solved?

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DATA ANALYSIS

Since, Delhi has been affected by pollution problems constantly over the past ten years, it is pertinent to
understand the perspective of its residents. It is also, important to test their awareness about the environment,
climate change, sustainability and so on. All the figures stated here are keeping in mind the sample size.

According to the survey, 96.9% people have noticed a change in Delhi’s climate over the years. Previously, Delhi
was attributed by extreme summers and extreme winters due to being a land locked city. Nowadays, there is a
shift from dry heat to humid climate due to rising temperatures. Sometimes the peak temperature reach 50 degree
Celsius in summer months of May and June. On the other hand, the winters are not so extreme anymore. But it is
characterised by dense fog and more often smog, which is a combination of fog and smoke.

1. GENERAL EFFECTS OF POLLUTION IN DELHI

The survey asked the various participants to list out the various ways in which pollution affects their life daily.
The researcher as analysed the problems and has summarised then as follows:-

 There is difficulty in breathing.

 The pollution levels have increased to such an extent that a blanket of dust and dirt can be seen engulfing
Delhi.
 There is a significant rise of people affected by respiratory diseases such as asthma.
 The quality of air keeps depreciating with every passing year.
 Summers have become unbearably hot.
 Noise pollution is constantly on a rise.
 The quality of water is becoming worse with depleting ground water levels.

According to the survey, 59.4% people would consider moving out of Delhi, which is the capital of India and hub
for major industries, if the pollution levels worsen. On the other hand, 84.4% people are still optimistic that there
is a solution to the problems Delhi is facing with regard to pollution and climate change.

2. THE GREAT SMOG

The Great Smog in November 2016 completely disrupted the lives of people reside in Delhi-NCR. It was caused
by stagnant winds which had trapped smoke from various sources, such as crop burning, garbage burning, car
emissions, factory emissions, and firecrackers and so on. It affected the health of 75%of residents in various ways
such as breathlessness (45.8%), Asthma (12.5%), eye irritation (62.5%), allergy (25%), tightening in the chest

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(16.7%) and others (29.2%). It can be seen that eye irritation was the major health effect caused which is due to
sulphur components in the atmosphere.18The day-to-day activities of 56.3% residents were affected adversely.

The survey sought for various responses as to how the Great Smog affected the residents overall:-

 There was low visibility and hence difficulty in driving.

 Many schools and colleges cancelled there lectures as students and faculty members were unable to reach
the premises.
 Some people could not step out of their house at all due to severe health problems.
 Children were unable to run or exert themselves.
 Climbing stairs seemed like a herculean task.
 Elderly had to discontinue their morning walks.
 Travelling in public transport such as autos and rickshaws had become extremely uncomfortable.

5. GOVERNMENTAL MEASURES
The Delhi government has over the years made a great attempt at reducing pollution levels. During the tenure of
Sheila Dixit, there was a make Delhi Green campaign which resulted in mass plantation of trees overall Delhi.
There was also an initiative to celebrate environment day in schools in increase awareness about climate change
and pollution from the grass root levels.19 However, the current AAP government decided to implement stricter
policies such as the odd-even rule even if it was for short durations. The odd-even rule basically lays down that
private vehicles with odd numbers would ply the roads on certain days and even numbers the other days. It
caused hardships amongst the citizens of Delhi but most played along for the greater cause. Its validity was even
upheld by the Delhi High Court.20

According to the survey, only 25% people think that the odd-even rule was effective in combating pollution
levels in Delhi. The other 25% think that the rule was not effective and 50% people are not sure of its
effectiveness. This uncertainty amongst people is because the AAP government never came out with a complete
analysis about the out-come of the odd-even rule implementation and hence, the people are not aware of the
same.

Independent studies show that the air-pollution level increased by 15% during the 15 day period (January 1 to 15,
2016) when odd-even rule was implemented. This shows that there is a need for other measure as four wheelers
account for no more than 10% of the city’s overall pollution levels.21

18Medical Management Guidelines for Sulphur Dioxide, AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGULATION.
19 HT, Schools Celebrate World Environment Day, HINDUSTAN TIMES(June 2007)
20 Mohammed Iqbal, Delhi High Court Upholds AAP’s Odd-Even Rule, THE HINDU (September 22, 2016).
21 India Spend, How Successful was Odd-Even Really? FIRSTPOST (January 18, 2016).

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The rise in PM concentration can be seen.

In the survey, 25% people think that odd-even rule should become a permanent policy, 56.3% people vehemently
oppose it and 18.8% people are uncertain. Moreover, 90.6% people think that the government has not
implemented enough measure and policies to reduce the pollution levels in Delhi. However, 9.4% people think
that the government has taken sufficient steps and they have listed the following methods which they are aware
of:-

 The odd-even rule

 Shutting down old thermal plants.
 Stricter laws on littering.
 Promoting the use of CNG vehicles.
 Mandatory pollution check on all vehicles.
 Regulation of diesel vehicles and so on.

6. JUDICIAL INTERVENTION
The judiciary has played a vital role in controlling the pollution levels in Delhi. In amidst of great hue and cry,
the Supreme Court banned the sale of firecrackers in Delhi-NCR,22 irrespective of the religious pressure, stating
that burning firecrackers is not an integral part of any festival or religion and hence, cannot be covered by Art.
25.23 According to the survey, 93.8% people agree with the Supreme Court’s decision on banning sale of
firecrackers.

The Delhi High Court has also played an important role in this regard. From time to time hey has asked the
governments to inform them of steps taken to check rise in air pollution.24 They have even directed the AAP
government to produce a ‘pin-pointed’ action plan for cleaning open drains amongst many other measures.25
22KrishnadasRajagopal, SC Bans Sale of firecrackers in NCR, THE HINDU (November 25, 2016).
23INDIAN CONST. art 25 (1950).
24 TNN, Delhi HC Seeks Answers On Air Pollution, THE TIMES OF INDIA (July 5, 2017).
25 TNN, Delhi HC for ‘pinpointed’ pollution plan, THE TIMES OF INDIA (February 24, 2017).

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7. LEGAL AWARENESS WITH REGARD TO ENVIRONMENT PROTECTION

According to the survey, 62.5% people are aware of the Paris pact and the United Nations Conference on Climate
Change. This can be attributed to the fact that the signing of the Paris Agreement received heavy media coverage,
due to USA pulling out of it.26Then, 62.5% of people are aware of the existence of the National Green Tribunal
and the Environment Protection Act. 9.4% are aware of either and 28.1% are not aware of both of them. This
shows a need to spread legal awareness amongst the masses about the environment, starting from schools at the
grass-root level.

RECOMMENDATIONS AND CONCLUSION

The researcher would like to recommend certain measure which can effectively tackle the pollution in Delhi in
the long run. Some suggestions have been taken from the survey conducted. Some suggestions have a legal
outlook keeping in mind India’s international obligations with regards to climate change and sustainability.

 There needs to be a drastic reduction in vehicles on road, which promotion of carpooling and using the
public transport. It is the State’s duty to develop the public transport system so that millions of people can
depend on it for their day-to-day travels.
 There needs to be a complete ban on firecrackers and any such objects which lead to unnecessary
pollution, all over India. The government needs to get past the fear of retribution from the public and take
stringent measures to honour India’s international commitments.
 People should be motivated to follow the 3 Rs, reuse, reduce and recycle.
 There has to be a consciousness amongst people to not harm the environment as at the end of the day, we
follow the concept of sustainable development where we have borrowed the earth from our future
generations.
 The NGT needs to be given wider powers and discretion to control the rising environmental problems.
They should be encouraged to impose stricter laws and exemplary damages with punitive and deterrent
effect.
 The government needs to implement its pollution policies more strictly in addition to making new
policies. The vehicle audits should be carried out more frequently. Odd-even rule can be made
compulsory as it is well within the power of the government. The current ban on diesel vehicles needs to
be enforced properly.
 There needs to be stringent laws against deforestation and mass tree plantations should be encouraged.
This will make people realise their dependence on the environment around them and will help make them
work harder towards protecting it.
26 Elle Hunt, Paris Climate Agreement, THE GUARDIAN (June 2, 2017).

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 The factories producing a lot of smoke and other pollution inducing matter should be regulated strictly
and older factories need to be shut down immediately. There is a need for development of technology
where factory smoke can be filtered to the maximum extent.
 Proper waste-disposal systems should be installed everywhere required.
 Budget can be allocated for promoting electric vehicles to ensure complete independence from use of
fossil fuels.

These are just a few recommendations by the researcher. There are many other ways in which the pollution levels
can be combatted.

On a concluding note, the problem of climate change has to be effectively addressed by the nation states. India
has to start from the basic problems like the pollution problem in Delhi. Taking a step towards solving each
problem will eventually realise the objective of the various conventions on climate change.

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BIBLIOGRAPHY

1. CONSTITUTIONAL PROVISIONS
1) INDIAN CONST. art 25 (1950).......................................................................................17

8. ARTICLES
1) Albert Mumma, Designing a Global Post-Kyoto Climate Change Protocol, GEORGETOWN INT’L ENVTL.
LAW REVIEW 619...........................................................................................................4
2) Annalisa Savaresi, The Paris Agreement: A New Beginning? JOURNAL OF ENERGY & NATURAL
RESOURCES LAW (January 2015)...................................................................................4
3) Anthony Horton, Delhi: A perfect Air Pollution Case Study, GOOD MEN PROJECT, (December 2015). 8
4) Autri Saha, India’s Response to Climate Change: The 2009 Copenhagen Summit, 3 NUJS L.Rev (2010). 5
5) Daniel Bodansky, The Legal Character of the Paris Agreement: A Primer, (December 2015 5
6) Dewaram Nagdeve, Environmental Pollution and Control: A Case Study of Delhi Mega City, (May 2004)
........................................................................................................................................8
7) Elle Hunt, Paris Climate Agreement, THE GUARDIAN (June 2, 2017).........................17
8) HT, Schools Celebrate World Environment Day, HINDUSTAN TIMES(June 2007).......15
9) India Spend, How Successful was Odd-Even Really? FIRSTPOST (January 18, 2016).16
10) John Robinson, Climate Change and Sustainable Development: Realising the Opportunity, AMBIO
(February 2006)..............................................................................................................6
11) Krishnadas Rajagopal, SC Bans Sale of firecrackers in NCR, THE HINDU (November 25, 2016). 17
12) Martin Khor, Dire Warning by Scientists, GLOBAL TRENDS JOURNAL (April 2010).....4
13) Medical Management Guidelines for Sulphur Dioxide, AGENCY FOR TOXIC SUBSTANCES AND DISEASE
REGULATION.................................................................................................................15
14) Mohammed Iqbal, Delhi High Court Upholds AAP’s Odd-Even Rule, THE HINDU (September 22, 2016).
......................................................................................................................................16
15) Neil Padukone, Climate Change in India: Forgotten Threats, Forgotten Opportunities, ECONOMIC AND
POLITICAL WEEKLY, (June 2010)...................................................................................7
16) Sanjeev Gupta, Air Pollution in Delhi: Its Magnitude and Effect on Health, INDIAN JOURNAL OF
COMMUNITY MEDICINE (March 2013)...........................................................................8
17) TNN, Delhi HC for ‘pinpointed’ pollution plan, THE TIMES OF INDIA (February 24, 2017). 17
18) TNN, Delhi HC Seeks Answers On Air Pollution, THE TIMES OF INDIA (July 5, 2017).17

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9. INTERNATIONAL CONVENTIONS
1) Kyoto Protocol (Kyoto, 11 December 1997, in force 16 February 2005) 2303 UNTS 262. 4
2) UN Framework Convention on Climate Change (Rio de Janeiro, 9 May 1992, in force 21 March 1994)
1771................................................................................................................................4

10. ARTICLES OF CONVENTIONS

1) PARIS AGREEMENT art. 2.1(a) (2016).............................................................................5
2) PARIS AGREEMENT art. 4.1 (2016).................................................................................5
3) UNFCCC art. 2 (1992)...................................................................................................4

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