Supreme Court Expresses Hope That Centre Will Take Suitable Measures As Regards Use Of PVC And Chlorinated Plastics For Election Banners/Hoardings

In connection with the issue of the use of PVC and chlorinated plastics for banners/hoardings used during elections, the Supreme Court has expressed "hope and trust" that the Union of India will proceed to pass suitable orders and directions after finalising the objections to the draft notification on the subject.

The bench of Justices L. Nageswara Rao and Aniruddha Bose was hearing an appeal against a November 2019 order of the NGT on the issue of remedial steps to prevent the use of PVC and chlorinated plastics which includes Banners/Hoardings and the likes used for promotion and advertising during elections. The Tribunal had directed that the matter be considered by a joint committee of the representatives of Election Commission, Ministry of Environment, Forest and Climate Change (MoEF&CC) and the Central Pollution Control Board (CPCB).

On the application for execution, the Tribunal noted that the Election Commission had issued letters to all Political parties and Chief Electoral Officers of all the States and Union Territories on the subject; that the MoEF&CC also wrote a letter of January 17, 2019, to the Chief Secretaries of all the States/UTs and Chief Electoral Officers of all the States/UTs to use alternative options in election campaigning material such as compostable plastics, natural fabrics, recycling paper material etc; and that similar advisories have been issued since 1999.

The NGT had then disposed of the application, observing that in view of the fact that MoEF&CC, as well as the Chief Election Commission, have taken the view that use of plastic during elections particularly banner/hoardings needs to be avoided, it will be appropriate that compliance of advisories/directions mentioned above is appropriately monitored by the Election Commission of India, Chief Electoral Officers of all the States/UTs and the CPCB.

The bench of Justices Rao and Bose recorded that, being dissatisfied with the order of the NGT by which the relief sought was not granted, the appellant has approached the Apex Court by way of this Appeal;

"The grievance of the appellant is the use of PVC and chlorinated plastics for banners/hoardings used during elections. By observing that the Ministry of Environment, Forest and Climate Change as well as the Chief Election Commission have taken a view that the use of plastics during elections especially banners/hoardings should be avoided, the Tribunal directed appropriate steps to be taken for compliance of the directions issued by the MoEF on January 17, 2019 to the Chief Secretaries of all the States/Union Territories and the Chief Electoral Officers", noted the bench.

The bench observed that the immediate concern of the appellant at this stage is that it is necessary for the Ministry of Environment and Forests to issue certain directions under Section 5 of the Environment Protection Act, 1986 to ban the use of PVC and chlorinated plastics for advertisements during elections. "The appellant is also of the view that the Election Commission should take pro-active steps in including this in the Model Code of Conduct and give suitable directions to all concerned", noted the bench.

Senior Advocate Rakesh Dwivedi, for the Election Commission, told the bench that it is for the Government of India to make necessary amendments to the Act and that there is nothing for the Election Commission to address at this stage.

The bench recorded the submission of ASG Aishwarya Bhati, for the Union of India, in as much as she informed the Court that a draft notification has been issued calling for objections from all stakeholders for banning different categories of plastic including PVC, which are less than 100 microns.

"We hope and trust that the Union of India will proceed to pass suitable orders and directions after finalising the objections to the draft notification. The other issues that arise in this appeal shall be considered on the next date of hearing", said the bench, listing the matter after 8 weeks.

Case Title: W. Edwin Willson v. Union of India & Ors.

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