Plastic Ban Not Absolute, Clarifies High Court

The Gauhati High Court recently clarified that the prohibition on manufacturing single-use plastic products is not absolute. The court specified that under the Plastic Waste Management Rules, 2016, the only restriction for ecological preservation is that such products must be made of compostable or biodegradable plastic.

A bench heard a plea from eight manufacturers of disposable plastic items like plates and cups, who challenged the rules prohibiting their production. The court observed that this restriction is reasonable and does not violate the fundamental right to trade.

Previously, the court noted that if petitioners' products are manufactured from biodegradable plastics, the rules do not adversely affect their business. The court further defined compostable plastics as those degrading by biological processes yielding carbon dioxide and water, and biodegradable plastics as those degrading without leaving microplastics or toxic residue.

Petitioners' counsel argued the ban was arbitrary, claiming their products were recyclable and could be managed through existing waste systems. They also submitted that a complete ban would render investments obsolete, leading to financial ruin and job losses.