"It Is A Serious Matter": Supreme Court Issues Notice In Appeal Against NGT's Order Relating To Unregulated Use Of Plastics For Packaging

Supreme Court has on Friday issued notice in an appeal filed challenging National Green Tribunal in plea raising substantial questions relating to environment arising out of the issue of unrestricted and unregulated use of plastics for the purpose of packaging.

A Division bench of Justice DY Chandrachud and Justice MR Shah has directed the matter to be listed after 4 weeks and counter affidavits to be filed in the meanwhile.

The present appeal by Him Jagriti Uttaranchal Welfare Society has been filed through Advocate Srishti Agnihotri challenging

8th January 2021 passed by the NGT on an application raising the following issues:

• The unrestricted and large-scale use of plastic for the purpose of packaging, which includes polyethylene terephthalate ("PET") bottles and multi-layer packs such as Tetra packaging has serious health consequences.

• The presence of heavy metals like antimony, lead, chromium, cadmium and plasticizers like di(2-ethylhexyl) phthalates ("DEHP") in plastic beyond the prescribed limit, which is detrimental to human health as the chemicals leach into the edible contents and cause damage to the endocrine and neurological system.

• Need for restricted use of plastic in packaging of carbonated soft drinks and liquor immediately and the gradual phasing out of plastic packaging in all other non-essential items.

• The link between plastic used in packaging and its adverse impact on human health.

The appellant through this appeal has argued that NGT through its impugned order failed to exercise its jurisdiction under Section 14 of the NGT Act, 2010 in spite of compelling evidence placed on the record. Instead Tribunal erroneously held the adverse health effects of plastic packaging had been regulated to an extent since the recommendations of the Bhan Committee report had been implemented.

Further, it has been argued that in spite of comprehensive scientific evidence placed on the record, the government has failed to take action in the seven years that this matter has been pending before the Tribunal.

"Considering this inaction over the years, leaving it to the executive authorities to deal with the issue of the adverse health impacts of plastic packaging would be a futile exercise. The Ld. Tribunal's failure to adjudicate on this issue, which was pending before it since 2014 has caused further delay, only exacerbating the harmful effects on the health of consumers." The appeal has stated

Him Jagriti Uttaranchal Welfare Society v. Union of India

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