Why ban plastic bag making, court asks Delhi
Thursday December 06, 2012 07:03:03 PM,
IANS
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New Delhi:
The Delhi High Court Thursday asked the government to explain why
it has banned manufacturing of plastic bags in the city.
"How can you impose a total ban on manufacturing? Unless you say
plastic (bag) manufacturing industry in itself is hazardous, how
can you ban plastic (bag) manufacturing," asked a division bench
of Chief Justice D. Murugesan and Justice Rajiv Sahai Endlaw.
"Can you impose a total ban? What would be the effect on
manufacturing industry if you ban it," the bench asked.
"Unless licences of these manufacturers are cancelled, how can
they be banned to manufacture plastic carry bags?"
Hearing a plea filed by the All India Plastic Industries
Association, the court asked whether any study was carried out
before the ban.
The government told the court that if they (plastic bag
manufacturers) do not have a market here - following the Nov 23
ban on use of these bags in the city - how could they manufacture
the carry bags here.
The court said when plastic plates, bottles and spoons were
allowed, why only carry bags were banned. "What study have you
made? Plastic is plastic whether it is bags or bottles or spoons
or plates," said court.
The petitioner moved the court challenging the Delhi government's
notification of Oct 23 that imposed a blanket ban on plastic bags
from Nov 23, under which no person could manufacture, import,
store, sell or transport any kind of plastic bag.
Senior advocate Arvind Nigam, appearing for the plastic
manufacturers, said the state government exceeded its jurisdiction
while issuing the notification on plastic bag ban as only the
central government was empowered to do so.
"The Delhi government in a fanatic pursuit to endorse its
predetermined agenda of completely closing down the plastic bags
industry in arbitrary and unreasonable manner, brushed aside the
objections of the petitioner," he said.
The government defended the ban saying that under section 5 of the
Environment (Protection) Act 1986, the lieutenant governor of the
state could exercise the power of the central government for
prohibition and registration of an industry.
"It is the responsibility of the state to protect the
environment," the government said.
Nigam told the court that the ban would not end the environmental
problems completely as packaged food products were still available
in plastic covers.
Plastic bag manufacturers in the city urged the court to allow
them to continue making the product for sale in areas outside
Delhi.
From Nov 23, all kinds of plastic bags, even those used to cover
magazines, books or invitation cards, were banned.
The ban also did not affect the use of plastic specified under the
Biomedical Waste (Management and Handling) Rules, 1998.
Plastic covers used for packing food products such as milk,
cooking oil and flour and plastic cups such as those used by tea
vendors were not banned, the petition said.
The court would next hear the matter Dec 11.
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