The Kerala High Court (“HC”), in a recent case, has held that the State Government cannot impose total prohibition on manufacturing/use of non-woven bags irrespective of their GSM standard because it is inconsistent with the Plastic Waste Management Rules, 2016 made by the Central Government which prohibits only the non-woven carry bags less than 60 GSM. The HC has also noted that many State Governments including Odisha, Puducherry, Haryana, Delhi, etc. have issued orders banning single use plastic, but such ban does not extend to non-woven bags of 60 GSM and above which is biodegradable. Therefore, the industries in Kerala alone cannot be subjected to discrimination in this matter.
It has also been observed by the HC that the proviso to Rule 3(3A)(i) of the Environment (Protection) Rules, 1986 empowers the State Pollution Control Boards (“SPCB”) to specify more stringent standards for the relevant parameters with respect to specific industry or location after recording reasons therefor in writing. But, this Order of Kerala SPCB banning all non-woven bags is not sustainable since it does not specify any reason for imposing a more stringent standard in the matter of non-woven bags.
Source : Kerala High Court
