'Seize Plastic Items Having Less Than 120 Micron Width', Meghalaya HC Issues Directions To Govt Until Plastic Substitutes Are Developed

While hearing a Public Interest Litigation (PIL) seeking a complete ban on single-use plastic (SUP) in the State, the Meghalaya High Court issued directions to the State Government to be followed until plastic substitutes are fully developed and implemented in the market.

The bench comprising Chief Justice I.P. Mukerji and Justice W. Diengdoh directed the State Government to follow the following policy:

"(i) to issue administrative orders or cause to be made legislation or subordinate legislation effectively banning the manufacture marketing and use of plastic of less than 120 micron width;

(ii) to seize those materials less than 120 micron width from manufacturers, distributors and users;

(iii) to take effective steps so that plastic waste is properly managed within a short period of time and;

(iv) to make inspection of public places and recover these items and subject them to waste management."

The court emphasized that “till the time a substitute of plastic was found to serve the purposes which the plastic items are now fulfilling, regulatory measures should be taken by the government to curb the use of those products.”

The aforementioned policies can be seen as a regulatory measure to curb the use of plastic in the State.

The Court also made the following observations on the harmful impact of plastic on the eco-system and environment. 

"(a) Plastic is derived from polythene, a polymethylene. Considering its properties it was used and still used for storing materials, inexpensively securely and durably. It is widely used to make containers bags, bottles and other storage materials.

(b) Research and experience have shown that these plastic products have some very adverse impact on the eco-system and environment. Plastic waste cannot be easily recycled or safely destroyed. It causes waste management problems. It also affects the ecological balance and environment. Since plastic has a very long natural life, the dumping of plastic waste in public places, in water-bodies and elsewhere chokes the water-bodies, the drainage system and results in accumulation of garbage in public places.

(c) The government has evolved the general policy of banning the use of plastic materials with thickness less than 120 microns."

The Court acknowledged the efforts taken by the government to seize plastic containers and other materials and stated that the aforementioned policy direction would aid the government in moving forward in the direction to completely eradicate single-use plastic items in the state.

The matter is next listed on 11th March 2025.

Appearance:

For the Petitioner : In-person

For the Respondent : Mrs. T. Yangi B., AAG with Mr. J.N. Rynjah, GA Mr. W.G.R. Mihsil, Adv vice Mr. Philemon Nongbri, Adv for R/2

Case Title: Phuyosa Yobin Vs. State of Meghalaya & anr, PIL No.7/2024

Click here to read/download the order