Friday, November 22, 2024
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High Court directs govt to check use of plastic

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By Our Reporter

SHILLONG, Nov 21: The High Court of Meghalaya on Thursday directed the state government to arrest the use of plastic.
A division bench, comprising Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh, issued several directives after hearing a PIL filed by Phuyosa Yobin who urged the court to pass orders for a total ban on the use of plastic in the state.
The bench said the court had in August ordered the state government to take steps to totally ban plastic items in the state.
“We ascertain from the letter and spirit of the said order 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 bench said in an order.
The court perused the affidavit, affirmed by the Secretary to the Government of Meghalaya, Forest and Environment department on September 30, 2024, indicating the action taken in compliance with the said order.
The court said it appeared from the report that the government made a policy decision to effect plastic waste management and also took some action to seize plastic containers and other materials. After considering the government’s report, the court was of the view that some more time should be granted to fully implement the order.
Making some observations, the court said, “Plastic is derived from polythene, a polymethylene. Considering its properties, it was used and is still used for storing materials, inexpensively securely and durably. It is widely used to make containers bags, bottles and other storage materials…
“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,” the court said in its order.
The government has evolved the general policy of banning the use of plastic materials with thickness less than 120 microns, the court said, adding that till substitute or substitutes are evolved to take over completely the use of plastics in the market, the government was directed to follow the policy, including issuance of 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. The government was also directed to seize those materials less than 120 micron width from manufacturers, distributors and users.
The court directed the government to take effective steps to ensure plastic waste is properly managed within a short period of time. Further, the court directed the government to inspect public places, recover these items and subject them to waste management.
The PIL will be heard again on March 11, 2025.

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